Standing Committee of the People's Congress of Tangshan City, Hebei Province

Tangshan Port Regulations

(Adopted at the 25th meeting of the Standing Committee of the Fifteenth People's Congress of Tangshan City on August 30, 2019, and approved by the 13th meeting of the Standing Committee of the Thirteenth People's Congress of Hebei Province on November 29, 2019 )

Chapter One General Provisions

　　Article 1 In order to strengthen port management, protect and rationally develop and utilize port resources, maintain port safety and operating order, protect the legitimate rights and interests of parties, and promote port construction and development, in accordance with the "Port Law of the People's Republic of China" and "Hebei Province Port Regulations" ”And other laws and regulations, in accordance with the actual conditions of the city, formulate these regulations.

　　Article 2 These regulations shall apply to the planning and construction, operation and service, safety and supervision and management of ports in this city and related activities. The management of fishery ports and related activities do not apply to these regulations, and shall be implemented in accordance with relevant laws and regulations.

　　Article 3 The port management of this Municipality implements the principles of one port, one administration, scientific planning, market operation, and standardized services.

　　Article 4 The maritime port and port and shipping administrative department of the Municipal People's Government shall implement the administrative management of the ports of this city.

　　Relevant departments such as development and reform, public security, finance, natural resources and planning, housing and urban and rural construction, transportation, ecological environment, emergency management, agriculture and rural areas, as well as maritime affairs, customs and other relevant agencies are responsible for port management in accordance with their respective duties.

　　Article 5 The Municipal People’s Government shall incorporate port development into the national economic and social development plan, protect and rationally develop and utilize port resources in accordance with the law, adjust and optimize the functional structure of the port, give priority to the construction of professional public service port facilities, and promote the integration of port facilities and production factors , Speed ​​up the construction and improvement of the port collection and distribution system based on railway transportation and organic integration of multiple modes of transportation, and develop intensive, professional and modern port areas.

　　Article 6: Encourage and support domestic and foreign economic organizations and individuals to invest in the construction and operation of ports in accordance with the law, and the legitimate rights and interests of port investors and operators shall be protected in accordance with the law.

　　Article 7 Encourage the application of advanced and applicable environmental protection technologies, give priority to the use of new energy and clean energy facilities and equipment, and build green ports that save energy, reduce consumption, reduce pollution, and increase efficiency.

　　Encourage the application of new-generation information technologies such as artificial intelligence, the Internet of Things, big data, and cloud computing, and deep integration with port business, to build smart ports with smart supervision, smart operations, and smart services.

Chapter II Port Planning and Construction

　　Article 8 The municipal ocean port and port and shipping administrative department is responsible for organizing the preparation of the port overall plan. The preparation of the port master plan should be based on the needs of economic and social development, implement the "one port, two cities" strategic deployment, embody the principle of sustainable development of the port, give play to the leading role of the port, connect with the land and space planning, and protect and rationally use the shoreline in accordance with the law Resources, reserve enough land for port construction, build a world-class comprehensive trading port, and realize the integrated development of port, industry and city.

　　The preparation of a port master plan shall organize expert demonstrations, solicit opinions from administrative departments (institutions) and military agencies for development and reform, natural resources and planning, transportation, railways, water conservancy, and maritime affairs, and conduct environmental impact assessments in accordance with the law.

　　Article 9 The overall port plan shall be implemented after being reviewed and approved in accordance with the law. If revision or adjustment is needed, it shall be handled in accordance with legal procedures.

　　Port construction should conform to the overall port plan. It is forbidden to construct any port facilities in violation of the port's master plan, and it is forbidden to build, rebuild, or expand other facilities in the port area that affect the implementation of the port's master plan or the function of the port.

　　Article 10 The relevant departments of the municipal and county-level people’s governments, such as natural resources and planning, shall seek the opinions of the municipal ocean port and port and shipping administrative departments when preparing relevant plans for the port surrounding areas, and give priority to the development of port logistics and port industrial functions. .

　　Article 11 Units and individuals who need to use the land and waters in the port area, or construct facilities that span or pass through the waters and land areas of the port area and the relevant spaces above and below it, shall apply to the relevant administrative departments for relevant procedures in accordance with the law. The relevant administrative examination and approval departments shall solicit opinions from the municipal ocean port and port and shipping administrative departments in the process of handling relevant procedures.

　　Article 12 Engineering construction or other development projects around the port area may cause changes in the hydrology, topography, and topography of the port shoreline and port area waters, navigable waters, navigation channels, and anchorages, thereby affecting the implementation of the port’s master plan. Or if it hinders port construction, production and safety, the administrative examination and approval department of the people's government at the municipal or coastal county level (the development zone management committee) shall seek the opinions of the municipal ocean port, port and shipping administrative department, and maritime administrative agency when handling relevant procedures. .

　　The engineering construction unit or project development unit shall formulate corresponding preventive plans and take necessary preventive measures before carrying out construction or development.

　　Article 13 Where the construction of port facilities within the scope of the overall planning of the port requires the use of the port shoreline, the port shoreline use procedures shall be handled in accordance with the law and the right to use the port shoreline shall be obtained. If the actual user of the port shoreline changes or changes the purpose of the shoreline, or continues to use the port shoreline beyond the time limit, the change or extension procedures shall be handled in accordance with the law.

　　Where laws and regulations provide otherwise, follow those provisions.

　　Article 14 If the port shoreline needs to be temporarily used due to the construction of port facilities or other engineering projects, an application shall be submitted to the municipal ocean port and port and shipping administrative department, and the following materials shall be submitted:

　　(1) The application form for the temporary use of the port shoreline, including the time limit, scope and function of the temporary use of the port shoreline;

　　(2) Approval or filing documents for construction projects;

　　(3) Plan for the use of port shoreline;

　　(4) Recovery plan after the expiration of the use period.

　　After accepting the application for temporary use of the port shoreline, the municipal ocean port and port and shipping administrative department shall solicit the opinions of the maritime administrative agency and make a decision of approval or disapproval within 20 working days.

　　Article 15 The period of temporary use of the port shoreline shall generally not exceed one year; if the period expires and the use needs to be renewed, the shoreline user shall, 30 days before the expiration of the period of validity of the shoreline use, report to the municipal ocean port and port and shipping administration The management department applies for renewal. The maximum renewal period shall not exceed one year.

　　No permanent facilities shall be constructed on the shoreline of the port temporarily used. For temporary facilities constructed, the shoreline user shall dismantle and restore the original appearance of the shoreline by himself within one month after the expiration of the period of use.

　　Article 16 The construction of port construction projects and related supporting facilities shall optimize the layout, intensive use of land and marine resources, go through approval procedures in accordance with the law, and comply with relevant national standards and technical specifications.

　　　Article 17 The safety facilities, environmental protection facilities and occupational disease protection facilities of port construction projects shall be designed, constructed and put into use at the same time as the main project.

　　Article 18 Encourage port engineering construction to adopt new technologies, new equipment, new techniques, and new materials, implement standardized management of construction quality and safety, strengthen construction safety risk management and control, and scientifically organize construction.

　　Article 19 Ports and wharves shall construct receiving facilities for ship pollutants and waste in accordance with regulations; the city and the county-level people's government (development zone management committee) where the port is located shall make overall plans for the construction of ship pollutants and waste reception, transshipment, and treatment Disposal facilities, to realize the effective connection of port terminal reception facilities with urban public transfer and disposal facilities.

Chapter III Port Operation and Services

　　Article 20 The operation of docks and other port facilities, the operation of port passenger transportation services, the operation of cargo loading and unloading, lightening, storage and port tugboat operations in the port area shall obtain a port operation license according to law.

　　Simple docks and ship loading and unloading operation points are not within the scope of the port's operating license; it is prohibited to illegally set up simple docks and loading and unloading ship operations points.

　　Article 21 Provide ships with shore power, fuel materials, supplies of daily necessities, transportation of crew on the water, reception of ship pollutants (oily sewage, residual oil, tank washing water, domestic sewage and garbage), and oil boom supply services. Port services, as well as operators engaged in port facilities, equipment and machinery leasing and maintenance services, and port tally services shall file with the municipal ocean port and port and shipping administrative department within 30 days after obtaining a business license.

　　The municipal ocean port and port and shipping administrative department shall establish record-keeping status files and operators' integrity management system, and timely publicize record-keeping information and integrity management information to the public and update them regularly.

　　Article 22 No unit or individual may apportion or illegally collect fees from port operators, and must not illegally interfere with port operators’ operational autonomy.

　　Port operators shall abide by the state's regulations on port operating prices and charges, and publicize operating service charges and charging standards in their business premises in accordance with the law.

　　Article 23 Port operators shall, in accordance with the instructions of the city or the people's governments of relevant counties and districts, prioritize the operation of rescue materials, disaster relief materials and materials urgently needed for national defense construction.

　　Due to emergency needs such as emergency rescue and disaster relief, the people's government of the city or relevant county or district may requisition port facilities in accordance with the procedures prescribed by law. The requisitioned port facilities shall be returned to the requisitioned after being used. If the port operator or the requisitioned suffers losses due to the requisition, the municipal or relevant county or district people’s government shall provide corresponding compensation.

　　Article 24 The municipal ocean port and port and shipping administrative department shall establish a sound, fair, efficient and unified port public dispatch service system to protect the legitimate rights and interests of port operators, ship operators and agents, maintain the normal production order of ports, and improve port operations effectiveness.

　　Article 25 The Municipal People's Government shall strengthen the overall planning and coordination of port work, and maritime, customs and other administrative agencies shall actively cooperate to improve customs clearance methods, reduce customs clearance costs, and improve customs clearance efficiency and quality of foreign trade goods entering and leaving the port.

　　Article 26 The Municipal People's Government shall formulate and implement an inland port construction plan, and build a logistics system, rail-sea combined transportation system and data exchange information system based on transportation nodes.

　　Encourage and support units and individuals to carry out inland port construction in this city and inland areas, or engage in rail-sea combined transportation, transit transportation, route development and other activities directly related to inland port construction.

　　Article 27 Relying on the Caofeidian Free Trade (Experimental) Area, expand port trade service functions, play the role of port resource allocation hub, and promote the construction of port-based bulk commodity trading platforms, import and export trade integrated service platforms and overseas warehouses.

　　Article 28 Encourage and guide financial institutions to innovate financial products and services, and provide credit, guarantee, fund investment, insurance, leasing and other support to eligible port, shipping, and logistics enterprises.

Chapter IV Port Security and Supervision and Administration

　　Article 29 Port operators shall abide by the "Safety Production Law of the People's Republic of China" and other laws and regulations related to production safety, strengthen production safety management, establish a sound production safety responsibility system and production safety rules and systems, and improve production safety conditions. Promote the standardization and intelligentization of production safety, improve the level of production safety, and ensure production safety.

　　Article 30 The main persons in charge of port operators, safety management personnel, and port operations operators shall receive training on relevant laws, regulations, rules and safety knowledge, occupational health protection and emergency rescue knowledge.

　　The main person in charge and safety management personnel of the port dangerous goods storage unit shall accept the safety production knowledge and management ability assessment organized by the municipal ocean port and the port and shipping administrative department; the handling management personnel of the hazardous chemical port operator shall obtain the qualifications after passing the assessment , And accept the supervision and inspection of the municipal ocean port and port and shipping administrative department.

　　Article 31 The people’s government of the county and district (the management committee of the development zone) where the port facilities are located shall strengthen the leadership of the port’s work safety in the area under its jurisdiction, establish a sound work safety coordination mechanism, and coordinate and resolve problems in the supervision and management of port work safety in a timely manner. Major issues.

　　Article 32 The municipal ocean ports, port and shipping administrative management, emergency management and other relevant departments, as well as maritime management agencies, shall strengthen the supervision and management of port safety production in accordance with their respective duties. If a hidden safety hazard is discovered during supervision and inspection, the person under inspection shall be ordered to eliminate it immediately or within a time limit in accordance with regulations. Major safety hazards shall be listed for supervision.

　　The municipal ocean port and port and shipping administrative departments shall strengthen the supervision of the docks for loading and unloading hazardous chemicals in the port area and the storage tanks only connected to them, and the onshore gas stations dedicated to the loading and unloading equipment of port enterprises and non-operating vehicles in the port area. management.

　　The emergency management department shall strengthen the supervision and management of the production devices and connected storage tanks for hazardous chemicals production and use in the port area and the gas stations serving social vehicles on land in the port area.

　　Maritime administration agencies shall strengthen the supervision and management of ships entering and leaving ports, berthing and leaving, and berthing operations in ports.

　　Article 33 The people’s government of the county and district (the management committee of the development zone) where the port facilities are located shall formulate emergency rescue plans for production safety accidents, establish and improve the port safety production emergency rescue management work mechanism, build a joint and interoperable emergency rescue command platform, and rely on fire protection , Large-scale enterprises, industrial parks and other emergency rescue forces to strengthen the construction of emergency rescue bases and teams.

　　The municipal ocean port and port and shipping administrative departments shall formulate emergency plans for port dangerous cargo accidents that may endanger public safety, emergency evacuation and rescue plans for passengers in major production safety accidents, and prevention plans for natural disasters, and organize their implementation after approval by the Municipal People's Government.

　　Article 34 Port operators shall formulate emergency plans for port dangerous goods accidents, emergency evacuation and rescue plans for passengers in major production safety accidents, and prevention plans for natural disasters in accordance with the law. The prepared plans shall be in accordance with the local county and district people’s government (development zone management). The committee) organized and formulated the emergency rescue plan for production safety accidents, and reported it to the municipal ocean port and port and shipping administrative department for the record.

　　Port operators shall regularly organize drills in accordance with the content of the prepared emergency plan, carry out drill assessment work, and revise and improve the emergency plan in a timely manner.

　　Article 35 After a port operator has a production safety accident, the relevant personnel at the scene of the accident shall immediately report the truth to the person in charge of the unit. After receiving the accident report, the person in charge of the unit shall promptly activate the emergency response plan, quickly take effective measures to deal with it, protect the accident site, prevent the accident from expanding, and immediately report truthfully to the local emergency management department and the municipal ocean port and port and shipping administration in accordance with relevant national regulations. Management department. No concealment, false report or late report shall be allowed, and shall not deliberately destroy the accident scene or destroy relevant evidence.

　　After receiving a production safety accident report, the people's government of the county or district where the port facility is located (the development zone management committee) and the person in charge of the department responsible for safety production supervision and management shall immediately organize accident rescue in accordance with the requirements of the production safety accident emergency rescue plan.

　　Article 36 Port operators shall maintain port facilities on a regular basis in accordance with port facility maintenance and management regulations and maintenance technical specifications to ensure the normal use and safe operation of port facilities.

　　Article 37 The maritime administrative agency shall establish a dynamic data information service platform for ships entering and leaving the port, and open it to relevant departments such as the municipal ocean port and port and shipping administration to realize resource sharing.

　　Article 38 The municipal ocean port and port and shipping administrative department shall supervise and inspect the implementation of these regulations according to their duties:

　　(1) Supervisors and inspectors shall show law enforcement credentials when carrying out supervision and inspection according to law;

　　(2) Supervisors and inspectors have the right to obtain relevant information from the inspected unit and relevant personnel, and may consult and copy relevant materials;

　　(3) Supervisors and inspectors shall keep confidential the business secrets learned during inspections;

　　(4) The supervisory and inspector shall make a written record of the time, place, content, problems found and the handling of the supervisory inspection, and shall be signed by the supervisory inspector and the person in charge of the inspected unit; the person in charge of the inspected unit refuses to sign , Supervisors and inspectors should record the situation.

　　Article 39 The inspected unit and relevant personnel shall accept the supervision and inspection carried out by the administrative agency according to law, provide relevant information and materials truthfully, and shall not refuse to inspect or conceal or falsely report relevant information and materials.

　　Article 40 The municipal maritime port and port and shipping administrative department shall set up reporting telephones, mailboxes and e-mail boxes to accept reports from citizens, legal persons and other organizations. The accepted report shall be dealt with according to law after investigation and verification.

Chapter V Legal Liability

　　Article 41 If the port investor or operator violates the provisions of these regulations, the "Port Law of the People's Republic of China" and other relevant laws and regulations have legal liability provisions, follow those provisions.

　　Article 42 In violation of the provisions of Article 12 of these regulations, the construction unit or the project development unit constructs or develops the project around the port area, causing the port shoreline and port water area, navigable water area, waterway, anchorage If the hydrology, topography, and landform changes, which affect the implementation of the port’s master plan, or hinder port construction, production and safety, the municipal ocean port and port and shipping administrative department or maritime management agency shall order corrections within a time limit, and may impose a penalty of 30,000 yuan Fines above 50,000 yuan.

　　Article 43 In violation of the provisions of Article 13 of these regulations, if a port shoreline user fails to invest in development and construction after obtaining the port shoreline use right, the municipal ocean port and port and shipping administrative department shall order correction within a time limit; In case of correction, the municipal ocean port and port and shipping administrative department shall request the cancellation of the approval document for port shoreline use according to law, and may impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.

　　Article 44 In violation of the first paragraph of Article 20 of these regulations, a port operator who engages in port operations without permission or changes the scope of operations without authorization shall be ordered by the municipal ocean port and port and shipping administrative department to stop operations and confiscate illegal operations. Income; if the illegal income is less than 50,000 yuan, a fine of 50,000 yuan but less than 100,000 yuan shall be imposed; if the illegal income is more than 50,000 yuan but less than 100,000 yuan, a fine of 100,000 yuan and 200,000 yuan shall be imposed; If the amount is more than 10,000 yuan, a fine of two to five times the illegal income shall be imposed.

　　In violation of the second paragraph of Article 20 of these regulations, the illegally set up simple docks and loading and unloading operation points shall be cleaned up by the local county-level people's government to organize relevant departments in accordance with the law.

　　Article 45: Where the people’s government at the county level, the municipal maritime port and port and shipping administrative department or other relevant departments, institutions and their staff in the port facility where the port facility is located has one of the following acts in the port management process, the person in charge shall be directly responsible Or other directly responsible persons shall be given administrative sanctions according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:

　　(1) Violating the prescribed authority or procedures to approve or modify the port overall plan;

　　(2) Failing to implement the administrative license in accordance with the prescribed conditions, procedures and time limit;

　　(3) Failure to perform safety production supervision and management duties in accordance with the law, causing production safety accidents;

　　(4) Participating in port operations or in disguised form;

　　(5) Other acts of abuse of power, dereliction of duty, and malpractice for personal gain.

Chapter VI Supplementary Provisions

　　Article 46 These regulations shall come into force on January 1, 2020.