Regulations of Shanghai Municipality on Port Services

· Document Number：Announcement No.40 of the Standing Committee of the People's Congress of Shanghai Municipality

· Area of Law： Foreign Economy and Trade

· Level of Authority： Provincial Local Regulations

· Date issued：11-17-2011

· Effective Date：03-01-2012

· Status： Effective

· Issuing Authority： Shanghai Municipality People's Congress (incl. Standing Committee)

Announcement of the Standing Committee of the People's Congress of Shanghai Municipality
(No. 40)
The Regulations of Shanghai Municipality on Port Services, as adopted at the 31st Session of the Standing Committee of the Thirteenth People's Congress of Shanghai Municipality on November 17, 2011, is hereby issued and shall come into force on March 1, 2012.
Standing Committee of the People's Congress of Shanghai Municipality
November 17, 2011
Regulations of Shanghai Municipality on Port Services
（Adopted at the 30th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on November 17, 2011）
Chapter I General Provisions
Article 1 With a view to raising the efficiency in port clearance, ensuring safe port passage and promoting the opening to the outside world, these Regulations are formulated in accordance with the relevant laws and administrative regulations of the State, and in the light of the actual circumstances of this Municipality.
Article 2 Ports mentioned in these Regulations refer to the harbors, airports, (railway/bus) stations, etc. that permit persons, goods, articles or vehicles to enter or leave the country directly through its customs, border or boundary.
Article 3 These Regulations apply to this Municipality's work on port opening, optimization of the clearance services, and guarantee of the port environment.
Article 4 The Municipal People's Government shall, with the help of the related departments of the State, strengthen the leadership of this Municipality's work on ports, and make an overall plan for promoting the construction and development of Shanghai port.
Article 5 The municipal port service department shall, in accordance with the due authority, be responsible for the port management and clearance coordination service, endeavor to optimize the port environment, and organize the implementation of these Regulations. The municipal departments of development and reform, construction and communications, commercial affairs, economy and informatization, planning and land resources, and transport and harbors shall, in accordance with their respective duties and functions, standardize and optimize administrative procedures, cooperate in the implementation of these Regulations, and provide port operation with open and transparent, convenient and efficient administrative services.
Inspecting bodies such as customs, quarantine department, animal and plant quarantine department, maritime administration, and border inspection organ (hereinafter referred to as the Port Inspection and Examination Authorities) shall, according to law, do a good job of inspection and examination as well as supervisory management of Shanghai port, and cooperate in the implementation of other related work of Shanghai port.
Article 6 This Municipality's trade associations shall strengthen self-disciplinary administration of such intermediary agencies as international freight forwarders, international shipping agents, and agents for quarantine inspection and customs clearance, supervise their members' operating activities, and guide them to raise the professional level and capabilities of their intermediary services.
Chapter II Port Opening
Article 7 The municipal port service department shall, jointly with the municipal departments of development and reform, planning and land resources, transport and harbors, commercial affairs, and finance, organize the planning of Shanghai port opening in accordance with the city's needs for opening to the outside world and for its social and economic development. The department shall also, upon soliciting opinions from the Port Inspection and Examination Authorities, the related district/county people's governments, the administrative agencies of this Municipality's specially supervised customs areas, submit the plan for approval and publication as required by the procedures.
The planning of Shanghai port opening shall include new open ports, expansion of the open ports as well as the project names, location, estimated throughput, Port Inspection and Examination Authorities and estimated staff size within the scope of the port opening.
The planning of Shanghai port opening is a special plan integrated into this Municipality's economic and social development planning, and forms the basis for implementation of the port opening administration.
Article 8 The planning of Shanghai port opening shall be properly connected with the special plans for harbors, airports and railways.
The related departments of this Municipality in compilation of the special plans of harbors, airports, railways, shall solicit opinions from the municipal port service department.
Article 9 With regard to construction projects listed in the planning of Shanghai port opening such as harbors, airports and stations, the municipal port service department shall, jointly with the Port Inspection and Examination Authorities, the related departments of this Municipality and construction units, coordinate in implementing the requirements for constructing facilities that are subject to on-the-spot port inspection and non-on-the-spot auxiliary facilities in accordance with relevant provisions of the State and in the light of the actual circumstances.
The on-the-spot inspection facilities and non-on-the-spot auxiliary facilities shall be constructed and supplied in accordance with the principle of “ensuring supervision, facilitating port clearance, intensive use of resources, and rational and proper utilization”.
Article 10 With regard to construction projects listed in the planning of Shanghai port opening such as harbors, airports and stations, the on-the-spot inspection facilities shall be planned, designed, invested and constructed in a unified manner together with the principal part of construction projects.
The related departments of this Municipality shall solicit opinions of the municipal port service department while undertaking the formalities of examining and approving (and verifying and recording) the aforesaid construction investment projects as well as the formalities of examining the design documents of construction projects.
Article 11 With regard to projects on new open ports or expansion of the open ports, the municipal port service department shall apply to the Municipal People's Government so that the latter might submit them to the State Council for examination and approval in accordance with the relevant provisions of the State.
The municipal port service department shall, after the State approval of the new open ports or expansion of the open ports, organize a preliminary acceptance check in accordance with the relevant provisions of the State; upon passing the check, they shall be submitted to the competent port administrative department of the State for an official acceptance check.
Article 12 In the case of a port that is open temporarily or in the case of temporary entry/exit of a non-open area, the municipal port service department shall submit the case to the related State department for examination and approval as required by the procedures. Upon approval, the municipal port service department shall coordinate with the Port Inspection and Examination Authorities to conduct inspection, quarantine and supervisory administration.
Article 13 Within the scope of port opening, in case such working areas as wharves, airport terminals or stations need to start operating for the outside, the operating unit shall submit the case to the municipal port service department. A working area operating for the outside shall be in conformity with the planning of Shanghai port opening, undertake the project-launching formalities recognized by the competent administrative department, and meet the production conditions. The conditions for inspection, quarantine and supervision of the facilities at the ports shall meet the requirements for port inspection, quarantine and supervision.
The municipal port service department shall, within 20 working days from the date of accepting the case, take the initiative to coordinate with the Port Inspection and Examination Authorities, conduct an acceptance check on the conditions of production, safety, inspection, examination and supervision in the working areas, and shall, within 5 working days after the check, report to the Municipal People's Government, which may approve the operation for the outside and submit the case to the competent port administrative department of the State for records.
The extension of such working areas as wharves, airport terminals and stations approved by the Municipal People's Government for operation for the outside shall follow the provisions provided in two preceding clauses to undertake the relevant formalities for operation for the outside.
Article 14 Within the scope of port opening, in case such working areas as wharves, airport terminals and stations are not yet open to the outside but need temporary opening to accommodate international transport means owing to special circumstances in port construction, emergency support and scientific research, the operating units in the working areas shall submit the case to the municipal port service department in advance thereof. The working areas for temporary accommodation shall meet the production conditions approved by the related competent administrative department and meet the essential conditions for inspection, quarantine and supervision.
The municipal port service department shall promptly take the initiative to handle the formalities for temporary accommodation, coordinate to guarantee the Port Inspection and Examination Authorities to conduct inspection, quarantine and supervision.
Article 15 The municipal port service department shall, jointly with the Port Inspection and Examination Authorities as well as the related departments of this Municipality, conduct regular evaluations of the port's on-the-spot inspection facilities, throughputs, clearance volumes, service ability, as well as coordinate to implement the corresponding management measures according to the evaluation results.
Chapter III Optimizing the Clearance Services
Article 16 This Municipality shall set up centralized clearance service places according to the layout of the ports in Shanghai to facilitate the clearance declaration and the relevant business of taxation, foreign exchange and finance.
The municipal port service department shall organize the Port Inspection and Examination Authorities and the related units to be stationed in the centralized clearance service places to jointly handle the business, establish a routine coordination mechanism, and urge the clearance service places to improve their functions and services.
This Municipality's power and telecommunication enterprises shall guarantee the service of electric power and telecommunications in the centralized clearance service places.
Article 17 This Municipality shall promote the construction, operation and development of an electronic port information platform, and support the Port Inspection and Examination Authorities and port operating units in raising the informatization application level at such links as declaration, inspection, clearance and follow-up supervision.
The municipal departments of port service, economy and informatization, shall, jointly with the Port Inspection and Examination Authorities, the related departments of this Municipality and port operating units, integrate the clearance procedures and the relevant information and data into the electronic port information platform, and promote sharing of the clearance information.
Article 18 This Municipality shall support the Port Inspection and Examination Authorities to optimize the clearance flow, perfect the clearance services, and facilitate passengers' clearance and trade.
The municipal port service department shall strengthen its clearance coordination service, promote coordination among the Port Inspection and Examination Authorities, the related departments of this Municipality and port operating units to promptly handle various problems affecting the routine clearance operation.
As for the major problems affecting the clearance efficiency and involving innovation in the clearance pattern, the municipal port service department shall, jointly with the related units, put forward solutions and report to the Municipal People's Government for coordination and promotion.
Article 19 This Municipality shall establish a mechanism to guarantee clearance services for major activities, including important international conferences, major international sports events and large-scale world exhibitions.
In the light of the characteristics of significant activities and their clearance requirements, the municipal port service department shall, jointly with the Port Inspection and Examination Authorities, the related departments of this Municipality and port operating units, provide guarantee for clearance services, and, if necessary, make special schemes to ensure safe and convenient clearance for significant activities.
Article 20 In the case of the flow of the bonded goods in the specially supervised areas of the ports and customs, the municipal departments of development and reform, port service as well as the administrative organs of this Municipality's specially supervised customs areas shall, in accordance with the relevant provisions of the State and in the light of the principle of ensuring safe and convenient entry/exit of goods, cooperate with the Port Inspection and Examination Authorities to rationally determine the supervision flow and method, and establish a supervision pattern convenient for the flow of bonded goods.
Article 21 This Municipality shall, in accordance with the characteristics of the regional economic development and the requirements for its cooperation with other provinces/cities in port clearance, establish a trans-regional port cooperation mechanism with other provinces, autonomous regions or municipalities directly under the central authority so as to promote Shanghai port's functions of serving the Yangtze River Delta, the Yangtze Valley, and even the whole country.
The municipal port service department shall coordinate with the Port Inspection and Examination Authorities to innovate the pattern of supervising regional port clearance, optimize the transit flow of passengers and goods, and expand the application scope of the facilitating measures for regional clearance.
The municipal departments of construction and communications, transport and harbors, port services, shall strengthen port logistic cooperation, press ahead with the development of multi-modal combined transport, including direct river-sea transport, railway-sea transport, waterway transshipment, and land-air transport, and support trans-regional cooperation among port operating units and shipping enterprises.
Chapter IV Protection of Port Environment
Article 22 The municipal departments of port services, public security, transport and harbors, commercial affairs, public health, quality and technical supervision, shall coordinate with the Port Inspection and Examination Authorities to strengthen the early warning and precaution of port perils, to cooperate in doing well such port safety control tasks as cracking down on smuggling, guarding against illegal border entry/exit, preventing and controlling hygienic epidemics, and managing and controlling hazardous goods.
A port operating unit shall establish and perfect a safety management system, regularly inspect the implementation of all safety precaution measures in its own unit; handle in a timely manner the problems existing in its own unit that are likely to trigger off port safety incidents, and report to the related department as required.
The emergency commanding unit responsible for contingencies at this Municipality's harbors, airports and stations shall prepare and implement the predetermined emergency schemes to handle port contingencies, organize emergency drilling, and improve the emergency-handling mechanisms.
Article 23 The departments of construction and communications, public security, transport and harbors, of this Municipality shall strengthen the management of the ports and nearby facilities such as roads and stockyards, enhance the coordination in cargo-passenger collection and distribution at ports, disperse in a timely manner passengers and goods, alleviate serious traffic jams, and ensure smooth entry/exit at ports.
Article 24 The municipal departments of economy and informatization, port service, commercial affairs, industry and commerce, quality and technical supervision, taxation, shall, joint with the Port Inspection and Examination Authorities, the People's Bank of China and the foreign exchange management department, establish an information-sharing mechanism about enterprises' good faith, promote mutual recognition of good faith standards, and cooperate in implementing a classification system of clearance supervision based on the levels of enterprises' good faith.
Article 25 The municipal departments of development and reform, industry and commerce, commercial affairs, transport and harbors, port service, shall cooperate with the Port Inspection and Examination Authorities to guide the development of such intermediary agencies as international freight forwarders, international shipping agents and agents for quarantine inspection and customs clearance in order to standardize their business operations and enhance the supervision of the intermediary service market.
Article 26 The municipal port service department shall organize the formulation of the Shanghai port annual development report to describe the port operation, the supervision services and the innovative clearance measures, and also publish the report.
The municipal port service department shall, jointly with the municipal departments of transport and harbors, commercial affairs, foreign exchange management, as well as the Port Inspection and Examination Authorities, regularly collect the related data on Shanghai port operation and enhance the analysis and monitoring of the port operation.
Article 27 The municipal port service department shall support the Port Inspection and Examination Authorities to improve the norms for clearance service windows, and urge the Port Inspection and Examination Authorities and port operating units to jointly build civilized ports in accordance with relevant provisions set by the State and this Municipality.
The municipal port service department shall organize the related trade associations and enterprises in this Municipality to conduct regular evaluations of the port services, and, upon finding problems, coordinate with and urge the related units to address them in a timely manner.
Chapter V Legal Liability
Article 28 Acts in violation of these Regulations shall be penalized in accordance with the laws and administrative regulations if there are penalty provisions thereof.
Article 29 Within the scope of port opening, if an operating unit at such working areas as wharves, airport terminals or stations, fails to undergo the formalities for launching an operation for the outside and accommodates, without authorization, international transport means in violation of the provisions of Article 13 of these Regulations, or fails to undergo the formalities of temporary permission and accommodates, without authorization, international transport means in violation of the provisions of Article 14 of these Regulations, the municipal port service department shall order it to make rectifications and confiscate its illegal gains thereof, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.
Beyond the scope of port opening, if an operating unit at such working areas as wharves, airport terminals or stations fails to undergo the formalities of port opening and accommodates, without authorization, international transport means, the municipal port service department shall stop it, and submit the case to the related State department for handling.
Article 30 Any staff members of the administrative organs who have neglected their duties, played favoritism, committed irregularities in violation of the provisions of these Regulations shall be given disciplinary sanction by their own unit or the superior organ according to law; if the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability as provided by law.
Chapter VI Supplementary Provisions
Article 31 These Regulations shall be effective as of March 1, 2012.