China: The Decision on Amending the Regulations on the Operation and Management of Ports

Zoe Yu


On Dec 24, 2019, in order to implement the requirements of the State Council on the clearance of certification matters, the clearance of regulatory documents that are inconsistent with the current opening policy and the Foreign Investment Law, our Ministry has made corresponding amendments to 13 regulations including the “Port Management Regulations”. The background and main amendments of the 13 regulations are now interpreted as follows:


1. The „Enterprise Legal Person Business License“ and „Enterprise Business Registration Document“ stipulated in the „Regulations for the Qualification Management of Highway and Waterway Engineering Supervision Enterprises“ and „Implementation Rules of the International Maritime Regulations“ were revised to „Enterprise Unified Social Credit Code“. The credit information publicity system checks itself.


2. Modify the relevant ship’s certificate stipulated in the “Implementation Rules of the International Maritime Regulations” to “Company and ship name and ship identification code”, and the relevant authorities can verify the relevant information through information sharing; „Documents“ are no longer required to be notarized by a notary office, and amended to „Applicants must promise to be responsible for the true validity of the qualifications provided.“


3. The “Administrative Documents of Business License, Organizational Code Certificate, Establishment Documents and Other Institutions” stipulated in the “Administrative Measures for the Evaluation of the Impact of Navigational Conditions on the Evaluation of Navigation Channels” will be deleted.


4. Delete the „port operation permit and port dangerous cargo operation supplementary certificate“ stipulated in the „Port Facility Security Rules“, and the relevant contents have been included in the „Port Facility Security Evaluation Report“ or the review opinions of the „Port Facility Security Plan“ Repeat the regulations.


5. Delete the “Proof of Ownership or Use of Office Space” stipulated in the Regulations on the Operation of Ports. The relevant provisions on the trial operation of port projects in the „Regulations on the Management of Port Operations“, „Regulations on the Management of Port Engineering Construction“ and „Regulations on the Management of Safety of Port Dangerous Goods“ were deleted. When the „Regulations on Environmental Protection Management of Construction Projects“ were revised, the requirements related to the trial operation of the project have been deleted, and the port engineering safety, fire protection and occupational disease prevention and other facilities related to the trial operation have been in accordance with the „Safe Production Law“, „Fire Protection Law“, „Occupational Disease Prevention Law“ The requirements in the law regarding the use of individual acceptance tests can already guarantee safety requirements.


6. Deleting the „corporate certificate“ and other certificates stipulated in the „Administrative Measures for Testing and Testing of Highway and Waterway Engineering Tests“, permitting authorities may conduct inspections by means of information sharing or on-site verification among competent authorities.


7. Deleted the „Regulations on the Administration of Seafarers‘ Expatriation“ concerning the establishment of approved foreign investment employment agencies or Chinese-foreign joint venture talent intermediaries to engage in seafarer assignments. The restrictions on foreign investment access for these two types of institutions are not included in the „foreign investment access In the Special Management Measures (Negative List), the coherent provisions with the repealed Regulations on the Management of Crew Services have been deleted accordingly.


8. Delete the cohesive clauses in the „Regulations on the Administration of the Transport of Dangerous Goods by Road“ and the repealed „Regulations on the Administration of Foreign-invested Road Transport Industry“.


9. Some legal liability clauses in the „Administrative Provisions on Emergency Preparedness and Emergency Disposal of Marine Environment Polluted by Ships“, „Regulations on the Administration of General Aviation Business Licenses“ and „Administrative Measures on the Management of Licensing of Express Delivery Business Operations“ were adjusted and improved.


Original Link on Ministry of Transport of the Peoples’ Republic of China: