MEASURES CONCERNING COLLECTION OF HARBOUR TOLLS
MEASURES CONCERNING COLLECTION OF HARBOUR TOLLS
Important Notice:
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
MEASURES CONCERNING COLLECTION OF HARBOUR TOLLS
(Promulgated by the State Council on October 22, 1985)
Article 1
These Measures are formulated in order to speed up harbour construction to
meet the needs of economic development.
Article 2
Harbour tolls shall be collected on the goods entering and leaving the
following harbours: Dalian, Yingkou, Qinhuangdao, Tianjin, Yantai,
Qingdao, Shijiu, Lianyungang, Shanghai, Ningbo, Wenzhou, Fuzhou, Xiamen,
Shantou, Guangzhou, Huangpu, Haikou, Basuo, Sanya, Zhanjiang, Beihai,
Fangcheng, Nanjing, Zhenjiang, Zhangjiagang and Nantong.
Article 3
Compulsory payers (hereinafter referred to as the "payers") of harbour
tolls shall be the consignors (or their agents) or the consignees (or
their agents).
Article 4
For those goods entering and leaving the harbours listed in Article 2
(including the imported and exported foreign trade goods being transferred
from harbour to harbour), harbour tolls shall be collected only once,
during the whole course of water transportation.
Article 5
Collection of harbour tolls shall be conducted according to the Table of
Harbour Tolls Rates attached to these Measures.
Article 6
The following goods shall be exempted from harbour tolls:
(1) the goods which are exempted from harbour dues according to the Rules
for Collection of Harbour Dues promulgated by the Ministry of
Communications;
(2) the raw and processed materials needed in production and the products
being transported by enterprises on their own wharves;
(3) the goods which are exempted from harbour tolls according to the Table
of Harbour Tolls Rates.
Article 7
The Ministry of Communications shall be responsible for the collection and
control of harbour tolls. The harbour authorities or the cargo handling
companies in the harbour listed in Article 2 shall be agencies for
collecting harbour tolls. The agencies may entrust the collection of
harbour tolls to loading and unloading units on the water as well as other
harbours engaged in through-transport with the harbours listed in Article
2.
Article 8
No separate bills shall be designed for the collection of harbour tolls.
The agencies and the entrusted collectors shall add the item of harbour
tolls in the existing bills for transport charges and collect harbour
tolls together with transport and sundry charges.
The entrusted collectors shall settle accounts with, and hand over the sum
of money, to the agencies within 3 days of the receipt of harbour tolls
and must not withhold or divert the same to other uses.
Article 9
The income from harbour tolls shall be deposited into a special account of
the Ministry of Communications. The agencies must open a special account
of harbour tolls for the Ministry of Communications at the local
Industrial and Commercial Bank of China and must deposit the collected
funds into the account within 3 days of the receipt and transfer it to the
Ministry of Communications every month. The agencies are only empowered to
deposit and transfer the funds collected and must not use it.
Article 10
The income from harbour tolls is a source of State funds for harbour
construction. The use of the funds shall be arranged in a unified manner
by the Ministry of Communications according to the relevant stipulations
of the State.
Article 11
The Ministry of Communications shall check on the toll collection work of
the agencies or the entrusted collectors.
The agencies or entrusted collectors shall not fail to collect or wrongly
collect harbour tolls. If such mistakes occur, remedial steps must be
taken promptly.
Article 12
If a payer does not pay harbour tolls in accordance with these Measures,
in addition to being ordered to pay the tolls in full, he shall, depending
on the circumstances, be subject to a fine of no more than 5 times of the
sum due.
Article 13
If a dispute arises between a payer and an agency or an entrusted
collector over the payment of harbour tolls, the payer must pay the tolls
first according to the decision of the agency or entrusted collector and
then appeal to the Ministry of Communications for a reconsideration or
directly file a suit at a people's court.
Article 14
These Measures shall be interpreted by the Ministry of Communications,
which shall be responsible for formulating the rules for implementation.
Article 15
These Measures shall go into effect on January 1, 1986.
Appendix
Table of Harbour Toll Rates
|=============|======================================|==================================|
| |Rate (yuan/Ton) |
| |---------|
|Harbour | Goods | Export |
| |---------|
| |Seaport| Four Changjiang Harbours |
|=============|======================================|=======|==========================|
|Dalian | Petrolium (including crude oil) | 3.00 | 1.50 |
|-----------|--|-------|
|Yingkou | |
|Qinhuangdao | |
|Tianjin | |
|Yantai | Coal (including coke), Iron and Steel| |
|Qingdao | (including Pig iron), Metal Ores, | |
|shijiu | Non-metal ores, Cement, Timber, | 1.50 | 0.80 |
|Lianyungang | chemical Fertilizer | |
|Shanghai | |
|Ningbo | |
|Wenzhou |-----------|--|-------|
| | |
|Fuzhou | Mine Construction Materials, | |
|Xiamen | Others | 1.50 | 0.80 |
|Shantou | |
|Guangzhou |-----------|--|-------|
| | |
|Huangpu | Grains, Salt | 0.50 | 0.30 |
|Haikou |-----------|--|-------|
|Basuo | |
|Sanya | Goods whose freight is calculated by | |
|Zhangjiang | volume ton ( ) | 0.50 | 0.30 |
| | |
|Beihai |-----------|--|-------|
|Fangcheng | | |
|Nanjing | International | |
|Zhenjiang | Containerized | 20 ft |12.50 | 6.30 |
| |-----|--|-------|
|Zhangjiagang | Goods | 40 ft |25.00 | 12.50 |
|Nantong | (Yuan/Container) | |
|=============|======================================|=======|==========================|
|============|================================|======================================|
|Rate (yuan/Ton) |
|--------|
|Harbour | Import | Remark |
|--------|
|SeaportFour|Changjiang Harbours |
|============|===========|====================|======================================|
|Dalian |4.00 | 2.00 | Domestic imports are exempt from |
|Yingkou | | harbour tolls |
|----|------|-----------|
|Qinhuangdao | |
|Tianjin | |
|Yantai | | Domestic exports in the four Chang- |
|Qingdao | 2.50 | 1.30 | jiang Harbours are exempt from har- |
|shijiu | | bour tolls except for petroleum (in- |
|Lianyuangang| | cluding crude oil) and coal (in- |
|Shanghai | | cluding coke). |
| | |
|Ningbo |----|------|-----------|
|Wenzhou | |
|Fuzhou | 2.50 | 1.30 | Domestic imports and exports are |
|Xiamen | | exempt from harbour tolls. |
|Shantou |----|------|-----------|
|Guangzhou | | domestic imports are exempt from |
|Huangpu | 1.00 | 0.50 | tolls. So are domestic imports and |
|Haikou | | exports in the four Changjiang |
|Basuo | | harbours. |
|----|------|-----------|
|Sanya | | The scope of collection of or exemp- |
|Zhangjiang | 1.00 | 0.50 | tion from tolls shall be determined |
|Beihai | | by the above categorization of |
|Fangcheng | | goods. |
|----|------|-----------|
|Nanjing |25.00 | 12.50 |
|Zhenjiang | | domestic imports and exports are |
|----|------|
|Zhangjiagang| | exempt from harbour tolls |
|Nantong |50.00 | 25.00 |
| | |
|============|===========|====================|======================================|
Notes:
1. The measures and conversion of weights of goods shall be handled
according to the rules for collecting harbour does issued by the Ministry
of Communications.
2. The harbour tolls for other containerized import and export shall be
calculated by 80% of their contents and the rate of 1.00 yuan/M for
import and yuan/M for export.
3. The minimun harbour toll is 1.10 yuan.
|
