CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THEAPPROVAL AND TRANSMISSION OF SEVERAL ADDITIONAL STIPULATIONS BY THELEADING GROUP FOR PORT AFFAIRS ON STRENGTHENING THE WORK OF UNCLOGGINGHARBOURS
CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THEAPPROVAL AND TRANSMISSION OF SEVERAL ADDITIONAL STIPULATIONS BY THELEADING GROUP FOR PORT AFFAIRS ON STRENGTHENING THE WORK OF UNCLOGGINGHARBOURS
This English document is coming from the "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document
CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE
APPROVAL AND TRANSMISSION OF SEVERAL ADDITIONAL STIPULATIONS BY THE
LEADING GROUP FOR PORT AFFAIRS ON STRENGTHENING THE WORK OF UNCLOGGING
HARBOURS
(June 7, 1986)
The State Council has approved Several Additional Stipulations on
Strengthening the Work of Unclogging Harbours formulated by the Leading
Group for Port Affairs. It is hereby transmitted to you for implementation
conscientiously.
SEVERAL ADDITIONAL STIPULATIONS ON STRENGTHENING THE WORK OF UNCLOGGNG
HARBOURS
Since Several Stipulations on Strengthening the Work of Unclogging
Harbours (hereinafter referred to as Stipulations) were implemented, some
progress has been made in strengthening the planned administration of
foreign trade transport, speeding up the transport of the goods at
harbours and improving economic results. However, during the process of
implementation, some provisions of the Stipulations have been found not
clear enough. With the agreement of the relevant departments, the
following additional stipulations are hereby formulated in order to
further improve the work of unclogging harbours:
1. In order to enforce the plans, the monthly transport plans which have
been balanced by the Ministry of Communications, the Ministry of Railways
and Ministry of Foreign Economic Relations and Trade must be strictly
implemented. The transport plans made and submitted by the relevant units
must conform to the actual situation. In case plans which have been
balanced and incorporated in the monthly transport plans have not been
fulfilled, a fine of 0.5 yuan for every ton of goods shall be imposed on
the relevant units. If the plans cannot be fulfilled due to objective
reasons, no fines shall be imposed.
2. About provisions concerning the fines formulated in the Stipulations:
(1) When a large amount of materials (seasonal goods are not included)
have crowded into a harbour in bulks, if the amount exceeds the monthly
average amount in the yearly plan by 15%, or more, the companies ordering
the goods shall be fined in accordance with the Stipulations.
(2) When goods which are not included in the yearly transport plans arrive
at a harbour and, moreover, the owner has not made any supplementary plans
according to the relevant provisions, fines shall be imposed on the owner
in accordance with the Stipulations.
(3) In case that monthly plans have not been submitted as stipulated, the
materials shall be treated as goods outside the plans. If the vessels are
sent by our country, fines shall be imposed on the shipping companies. If
the vessels are sent by other party, fines shall be imposed on the
companies ordering the goods.
3. If it is necessary to unload goods from some planned vessels at more
than two harbours or more, the shipping agent company at the first harbour
should, according to the relevant stipulations, notify the shipping agent
company at the next harbour of the information concerning the arrival of
the vessels at the next harbour and instruct it to pass on the information
to the office for port affairs, harbour section and other relevant units
at the next harbour. In case of failure to pass on the information in
time, China Ocean Shipping Agency or China National Foreign Trade
Transportation Corporation shall circulate notices to criticize their
respective shipping agent companies.
4. The monthly plan concerning the arrival of vessels and goods which has
been balanced by the Ministry of Communications, the Ministry of Railways
and the Ministry of Foreign Economic Relations and Trade shall be issued
by the Ministry of Communications, with copies sent to the Transportation
Bureaus of the other two ministries and the Office of the Leading Group
for Port Affairs of the State Council. After receiving monthly plans from
the Ministry of Communications, the various harbour sections shall
promptly send copies to the local offices for port affairs, railway
stations and foreign trade transportation companies. Local offices for
port affairs shall take the monthly plans from the Ministry of
Communications as the basis for conducting supervision and checks and
imposing fines on unplanned transportation. The monthly railway plans for
loading and unloading goods at harbours shall be carried out according to
the existing procedures.
5. The monthly transport plan is the guarantee for carrying out the yearly
transport plan. All the harbours, railway departments and owners (agents)
must undertake their respective responsibilities in carrying out the
balanced monthly plans.
(1) Planned vessels must not go beyond the month due to waiting to be
loaded and unloaded. The Ministry of Communications should take this as
one of the main standards in assessing the harbours' performance and shall
carry out regular checks. If planned vessels cannot be loaded or unloaded
within the prescribed period because of the harbours' responsibility, the
Ministry of Communications shall circulate notices of criticism. If such
cases are caused by foreign trade transport, the Ministry of Foreign
Economic Relations and Trade shall circulate notices of criticism.
(2) It is necessary to ensure the fulfilment of the railway monthly
transport plan. If the plan has not been fulfilled because of the
responsibility of the railway department, the competent department for the
railways shall circulate notices of criticism.
(3) For those materials which do not have reasonable directions of
transportation, the railways shall only transport amounts within the quota
(less than 500 ton for general goods; less than 1,000 ton for bulk cargo).
In special cases, the approval of the competent department in the Ministry
of Railways should be obtained; otherwise, the owners shall bear the
economic losses.
(4) The bilateral and multilateral economic agreements signed among the
various relevant units at the ports are a necessary measure to bring into
full play the initiative of all the parties and speed up the turnover of
vehicle, vessels and goods. The various offices for port affairs must do a
good job in this respect.
6. In order to ensure the berth, loading and unloading of planned vessels,
it is necessary to strictly control the number of temporary agreements for
sending back single vessels quickly. Such agreements must not be signed
for vessels outside the plans. All the harbours must strictly implement
the Provisions Concerning Administration of Loading and Unloading for
Foreign Trade Vessels at Chinese Harbours issued by the Ministry of
Communications.
7. The provisions concerning fines in the Stipulations and these
Additional Stipulations shall apply to the eight harbours of Dalian,
Qinhuangdao, Tianjin, Qingdao, Lianyungang, Shanghai, Huangpu and
Zhanjiang.
8. These Additional Stipulations shall go into effect as of July 1, 1986.
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