CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNINGTRANSMISSION OF THE INTERIM PROVISIONS OF THE LEADING GROUP FOR PORTAFFAIRS ON THE SCOPE OF FUNCTIONS OF LOCAL ADMINISTRATIVE ORGANS FOR PORTAFFAIRS

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNINGTRANSMISSION OF THE INTERIM PROVISIONS OF THE LEADING GROUP FOR PORTAFFAIRS ON THE SCOPE OF FUNCTIONS OF LOCAL ADMINISTRATIVE ORGANS FOR PORTAFFAIRS 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 TRANSMISSION OF THE INTERIM PROVISIONS OF THE LEADING GROUP FOR PORT AFFAIRS ON THE SCOPE OF FUNCTIONS OF LOCAL ADMINISTRATIVE ORGANS FOR PORT AFFAIRS (April 15, 1987) The State Council has approved the Interim Provisions for the Scope of Functions of Local Administrative Organs for Port Affairs submitted by the Leading Group for Port Affairs. It is hereby transmitted to you for implementation.

There are a considerable number of units involving in handling external matters at ports, which are gateways of China to foreign countries. Under different systems of subordination and with their own rules and regulations, contradictions often occur among these units. If each act in his own way, the work will inevitably be hindered and harmful effects on foreign relations will be caused. Facts have proved that it is necessary to establish streamlined administrative organs for port affairs at various levels and it is an effective measure in raising the comprehensive capacity of the ports.

In order to strengthen the administration of ports, the relevant people's governments at the provincial (regional) and the municipal level shall each appoint a vice governor (vice chairman) and a vice mayor to be directly responsible for the administration of port affairs so that the work will gradually become regularized, systematized, standardized and modernized to meet the needs of the development of the national economy and the growing foreign trade, scientific and technical exchanges and personnel interflow.

INTERIM PROVISIONS FOR THE SCOPE OF FUNCTIONS OF LOCAL ADMINISTRATIVE ORGANS FOR PORT AFFAIRS In order to improve the administration of port affairs, the following provisions are made on the scope of functions of local administrative commissions for port affairs and offices in charge of port affairs in accordance with the spirit of the Circular of the State Council Concerning Further Strengthening Leadership over Port Affairs: 1. Local administrative commissions for port affairs and offices in charge of port affairs are the administrative organs for port affairs under the direct leadership of the relevant provincial (regional) or municipal people's governments and are responsible for the administration and coordination of port affairs at the marine, land and aerial ports in their respective areas.

2. They shall be responsible for implementing the principles, policies, and stipulations of the State concerning port work and shall formulate rules for their implementation according to the actual conditions in the ports of their areas.

3. They shall be responsible for balancing the foreign trade transport plans for the ports under their jurisdiction, checking and ensuring the implementation of the transport plans balanced and issued by the Central Government, and enhancing projection and prediction.

4. They shall be responsible for organizing the inward and outward transportation of goods organizing the relevant parties in signing economic agreements, coordinating the work of the departments in charge of railways, harbours and trade, strengthening the loading and unloading of goods for vehicle and vessels, speeding up the turnover of vehicle and vessels and the transportation of goods and ensuring the smooth flow of goods at the ports.

5. They shall be responsible for supervising and checking the work of the units in charge of inspection and examination at the ports, which shall, within their respective functions and according to their respective regulations, conduct supervision and administration of the personnel, means of transport, goods, luggage and other objects that enter or leave the country, and fulfil their duties concerning inspection, examination, quarantine, etc..

6. They shall be responsible for coordinating the work of and handling the contradictions among the various units at the ports (including units that are in charge of foreign trade transport, and that handle cargo for other units or other countries, loading, unloading and tallying of goods, storage and transshipment, inspection and examination, notarization and appraisal, claims from foreign countries, supply and services, reception and publicity, etc.) functioning as arbitration organs. The following principles should be observed in coordinating the work of and handling the contradictions among the various units at the ports: (1) the stipulations which have been jointly formulated and issued by several departments under the State Council should be implemented by all the relevant units. Local administrative organs for port affairs have the right to refuse to implement those stipulations which have been altered unilaterally by any one department without the agreement of the original departments that issued them; (2) if disputes arise due to discrepancies among the rules and regulations of different competent departments under the State Council, local administrative organs for port affairs shall promptly report the case to the Leading Group for Port Affairs of the State Council, with proposals for the possible solutions; (3) local administrative organs for port affairs must handle foreign- related matters in strict accordance with the rule of reports for instructions. Ordinary foreign-related matters which cannot be coped with by the units at the ports shall be reported to the relevant units in the provinces (autonomous regions or municipalities directly under the Central Government) for consideration and decision. Important foreign-related matters shall be reported, together with the opinions of the relevant units of the provinces (autonomous regions or municipalities directly under the Central Government), to the competent department under the State Council for consideration decision. Foreign-related matters of great importance and urgency may be directly reported to the competent department under the State Council for instructions and reports shall be sent to the relevant units in the provinces (autonomous regions or municipalities directly under the Central Government); (4) in case differences of opinion appear in their work, the units at the ports should observe the relevant stipulations of the State and give priority to settling the issues concerning external affairs through consultation. If agreement cannot be reached through consultation, decisions shall be made by the local administrative organs for port affairs or the local people's governments as requested by these organs; (5) local administrative organs for port affairs shall promptly organize the relevant units in solving the contradictions and disputes that arise in their coordination, and are empowered to made arbitrations in emergency cases.

The various units at the ports must carry out the decisions made by the local administrative organs for port affairs in the light of the above- mentioned principles.

7. They shall be responsible for organizing the various units at the ports in giving publicity to and carrying out education on foreign-related policies, disciplines and strengthening public security and shall, in conjunction with the relevant departments, examine important foreign-related matters at the ports and cases of serious violation of the disciplines and put forward suggestions concerning the penalties.

8. They shall be responsible for checking and supervising the organization and implementation of the port plans, their construction and systemized technical innovations, and for promoting their synchronic progress.

9. They shall be responsible for examining the applications for the opening or closing of category-1 and category-2 ports, reporting the applications for approval, and organizing the detailed work in the implementation, in accordance with the various policies and regulations of the state concerning the opening of ports.

10. They shall be responsible for carrying out investigations and studies, summing up and exchanging experience, reporting to the relevant departments at higher levels the major contradictions and problems which have emerged in their work, and putting forward proposals for their solution.

11. They shall be responsible for fulfilling other tasks assigned by leading departments at higher levels.

12. These Provisions shall apply to the administrative committees for port affairs or offices for port affairs of the provinces or municipalities where there are category-1 ports. The scope of functions of the administrative organs at category-2 ports may be provided by the people's governments in the relevant provinces (autonomous regions or municipalities directly under the Central Government) according to the actual conditions of the local ports.

to the relevant units in the provinces (autonomous regions or municipalities directly under the Central Government) for consideration and decision. Important foreign-related matters shall be reported, together with the opinions of the relevant units of the provinces (autonomous regions or municipalities directly under the Central Government), to the competent department under the State Council for consideration decision. Foreign-related matters of great importance and urgency may be directly reported to the competent department under the State Council for instructions and reports shall be sent to the relevant units in the provinces (autonomous regions or municipalities directly under the Central Government); (4) in case differences of opinion appear in their work, the units at the ports should observe the relevant stipulations of the State and give priority to settling the issues concerning external affairs through consultation. If agreement cannot be reached through consultation, decisions shall be made by the local administrative organs for port affairs or the local people's governments as requested by these organs; (5) local administrative organs for port affairs shall promptly organize the relevant units in solving the contradictions and disputes that arise in their coordination, and are empowered to made arbitrations in emergency cases.

The various units at the ports must carry out the decisions made by the local administrative organs for port affairs in the light of the above- mentioned principles.

7. They shall be responsible for organizing the various units at the ports in giving publicity to and carrying out education on foreign-related policies, disciplines and strengthening public security and shall, in conjunction with the relevant departments, examine important foreign-related matters at the ports and cases of serious violation of the disciplines and put forward suggestions concerning the penalties.

8. They shall be responsible for checking and supervising the organization and implementation of the port plans, their construction and systemized technical innovations, and for promoting their synchronic progress.

9. They shall be responsible for examining the applications for the opening or closing of category-1 and category-2 ports, reporting the applications for approval, and organizing the detailed work in the implementation, in accordance with the various policies and regulations of the state concerning the opening of ports.

10. They shall be responsible for carrying out investigations and studies, summing up and exchanging experience, reporting to the relevant departments at higher levels the major contradictions and problems which have emerged in their work, and putting forward proposals for their solution.

11. They shall be responsible for fulfilling other tasks assigned by leading departments at higher levels.

12. These Provisions shall apply to the administrative committees for port affairs or offices for port affairs of the provinces or municipalities where there are category-1 ports. The scope of functions of the administrative organs at category-2 ports may be provided by the people's governments in the relevant provinces (autonomous regions or municipalities directly under the Central Government) according to the actual conditions of the local ports.