Port Law of the Peoples Republic of China(Adopted at the 3rd Meeting of the Standing Committee of the Tenth National Peoples Congress on June 28, 2003 and promulgated by Order No.5 of the President of the Peoples Republic of China on June 28, 2003) Contents Chapter I General Provisions Chapter II Port Planning and Construction Chapter III Port Operation Chapter IV Port Safety and Supervision Chapter V Legal Responsibilities Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted with a view to strengthening port administration, maintaining port safety and operational order, protecting the legitimate rights and interests of the parties and promoting the construction and development of ports. Article 2 This Law is applicable to the planning, construction, maintenance, operation and administration of ports and other relevant activities. Article 3 As used in this Law, the term “port“ means a region comprising certain water and land areas, having the functions for vessels to enter, leave, lie at anchor and moor, for passengers to embark and disembark, and for goods to be loaded, unloaded, lightered and stored, and being equipped with the necessary dock facilities. A port may consist of one or more port areas. Article 4 The State Council and the local peoples governments at or above the county level concerned shall embody the requirements of port development and planning in their plans of national economic and social development, protect and make rational use of the port recourses in accordance with law. Article 5 The State encourages economic organizations and individuals at home and abroad to invest in port construction and operation in accordance with law, and protects the legitimate rights and interests of the investors. Article 6 The competent department of communications under the State Council shall be in charge of the administration of port affairs throughout the State. The local peoples governments shall, in accordance with the regulations on the system for port administration formulated by the State Council, decide on the administration of the port situated within their own administrative areas. According to the port administration system decided on as prescribed in the preceding paragraph, for a port that comes under the administration of the peoples government of the city or county where it is located, the said peoples government shall assign a department to administer the port specifically; and for a port that comes under the administration of the peoples government of a province, autonomous region, or municipality directly under the Central Government where it is located, the said peoples government shall assign a department to administer the port specifically. The departments assigned as per the provisions in the preceding paragraph to conduct specific port administration are hereinafter referred to as port administration authorities in general. Chapter II Port Planning and Construction Article 7 Port plans shall be drawn up in accordance with the requirements of national economic and social development and the needs of national defense, shall embody the principle of rational use of the coastline resources, shall comply with the plans for the network of cities and towns, and shall be connected and coordinated with the general plans for land use, general city plans, river basin plans, flood-control plans, marine function divisions, waterway transport development plans, development plans for other modes of transport and other relevant plans provided for by laws or administrative regulations. In drawing up a port plan, specialists shall be invited to expound and prove it; and the effects on the environment shall be evaluated in accordance with law. Article 8 Port plans include port layout plans and port general plans. A port layout plan means the plan for the geographical distribution of ports, embracing the national port layout plan and the port layout plan of a province, autonomous region, or municipality directly under the Central Government. A port general plan means the specific plan of one port for a given period of time, embracing the scope of water and land areas, division of the port area, handling capacity and types of calling vessels, the character and functions of the port, use of water and land areas, use of coastline for the construction of port facilities, allocation of land for construction, the order of construction phases, etc. The port general plan shall conform to the port layout plan. Article 9 The national port layout plan shall be drawn up by the competent department of communications under the State Council after consulting with the relevant departments under the State Council and the military authorities concerned and shall be promulgated for implementation upon approval by the State Council. With respect to the port layout plan of a province, autonomous region, or