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MEASURES FOR THE INSPECTION OF SHIPS OF INTERNATIONAL VOYAGE ENTERING OR LEAVING THE PORTS

Category  PORT ADMINISTRATION Organ of Promulgation  The State Council Status of Effect  In force
Date of Promulgation  1995-03-21 Effective Date  1995-03-21  

Measures for the Inspection of Ships of International Voyage Entering or Leaving the Ports of the People's Republic of China





(Promulgated in Decree No.173 by the State Council of the People's Repulic

of China on March 21, 1995)

    Article 1  These Measures are formulated with a view to strengthening the
administration of ships of international voyage entering or leaving the ports
of the People's Republic of China, facilitating the entry or exit of the ships
and improving the efficency and functions of ports.

    Article 2  The ships of international voyage (hereinafter referred to as
ships) entering or leaving the ports of the People's Republic of China and
crew members, passengers, cargo and other articles carried thereon shall be
subject to inspection under these Measures by the organs stipulated in Article
3 of these Measures. But if otherwise provided for by laws or by the State
Council, special provisions shall apply.

    Article 3  The harbour superintendencies of the People's Republic of China
(hereinafter referred to as the harbour superintendencies), the customs
offices of the People's Republic of China (hereinafter referred to as the
customs offices), the border inspection offices of the People's Republic of
China (hereinafter referred to as the border inspection offices), the
quarantine offices of the People's Republic of China (hereinafter referred to
as the quarantine offices) and the animal and plant inspection offices of the
People's Republic of China (hereinafter referred to as the animal and plant
offices) shall be the organs responsible for inspection of ships of
international voyage entering or leaving the ports of the People's Republic of
China (hereinafter joinly referred to as the inspection organs).

    Article 4  The inspection organs shall exercise inspection and shall
handle illegal acts in accordance with the provisions of the relevant laws and
administrative regulations.

    The harbour superintendencies shall be responsible for convening the joint
meeting attended by other inspection organs to study and resolve the problems
relating to inspection of entry or exit ships.

    Article 5  Where a ship is intended to enter or leave the port of the
People's Republic of China, the shipper or his agent shall go through the
entry or exit formalities in accordance with the relevant provisions of these
Measures. The inspection organs will not embark on the ship to perform
inspection except in cases of the situations provided in the second paragraph
of Article 10 and Article 11 of these Measures or in other special situations.

    The shipper or his agent shall accurately complete report forms and shall
truthfully submit relevant proof, certificates and information in accordance
with the provisions by the inspection organs when going through the entry or
exit formilities.

    Article 6  The shipper or his agent shall, seven days before the scheduled
arrival of his ship at a port (or if the voyage is less than seven days, at
the time of departure from the previous port), complete an "Application Form
for Port Entry of Ships of International Voyage" and apply for examination and
approval with the harbour superintendencies at the port of arrival.

    Where a ship is intended to enter the waterway of the Yangtze River, the
shipper or his agent shall, seven days before its scheduled passage through
the Port of Shanghai (or if the voyage is less than severn days, at the time
of departure from the previous port), complete an "Application Form for Port
Entry of Ships of International Voyage" and apply for examination and approval
with the harbour superintendencies at the port of arrival.

    Article 7  The shipper or his agent shall, 24 hours before the scheduled
arrival of his ship (or if the voyage is less than 24 hours, at the time of
departure from the previous port), report with the inspection organs on the
time of arrival, place of berth, arrangement of berth or changing berth and
information on crew members and passengers.

    Article 8  The shipper or its agent failing to complete the entry
formalities before the arrival of his ship, shall complete the formalities
with the inspection organs within 24 hours as of arrival of ship.

    If the time period of berth of a ship is less than 24 hours, the shipper
or his agent may, with approval of the inspection organs, go through the exit
formalities at the same time when going through the entry formalities.

    Article 9  The shipper or his agent having completed the entry formilities
before the arrival of his ship, may embark or disembark passengers, load or
unload cargo or other articles on arrival.

    Where a shipper or his agent fails to complete the entry formalites before
the arrival of his ship, no person, other than pilots and inspectors from the
inspection organs who exercise inspection of entry formalities, shall be
allowed to embark on or disembark from the ship, no cargo or other articles
shall be loaded or unloaded on arrival; if the previous port of call is in the
People's Republic of China, passengers are allowed to embark on or disembark
from the ship, and cargo or other articles to be loaded or unloaded on
arrival, but all entry formalities shall be completed without delay.

    Article 10  The quarantine offices shall exercise telecommunicated
quarantine inspection of ships. For ships with sanitary certificates, the
shippers or their agents may apply to the quarantine offices for
telecommunicated quarantine inspection.

    Ships from pestilence areas, or ships carrying any quarantinable epidemic
victim or suspect or corpse of anyone who dies due to an unidentified cause
other than accidential harm, or ships without sanitary certificates or with
lapsed sanitary certificates or in unqualified sanitary conditions, shall
be subject to quarantine inspection at archorage by the quarantine offices.

    Article 11  The animal and plant inspection offices may, at archorage,
exercise quarantine inspection of ships from animal and plant epidemic areas,
animals and plants and their products, and other quarantine projects carried
thereon.

    Article 12  A shipper or his agent shall, within four hours before
departure of his ship from port (or if the time period of berth is less than
four hours, at the time of his arrival), complete all necessary exit
formalities with the inspection organs. The competent inspection organ shall
endorse a "Liaison Form of Exit Formalities of Ships" and the shipper or his
agent shall submit the Liaison Form and other proof, certificates and
information as required to apply to the harbour superintendencies for an Exit
Permit.

    Article 13  After taking out the Exit Permit, if situations change or the
ship fails to leave the port within 24 hours, the shipper or his agent shall
submit a report with the harbour superintendency which will, in consultation
with other inspection organs, determine whether or not the exit formalities
are to be completed anew.

    Article 14  For a ship with fixed number of crew members that navigates a
fixed route for one or more than one voyage within 24 hours, the shipper or
his agent may file a written application with the harbour superintendencies
for completing the regular entry or exit formalities. The harbour
superintendency which receives the application shall, in consultation with
other inspection organs and upon examination and approval of them together,
issue a Regular Exit Permit with a period of validity not less than seven days
and shall exempt the ship from the entry formalities within this period of
validity.

    Article 15  The inspection organs and their personnel must enforce the law
impartially and fulfil duties scrupulously to carry out inspection in time and
accept applications for entry or exit of ships promptly.

    Article 16  The meanings of the following terms used in this Measures:

    "Ships of international voyage" mean ships with foreign nationality which
enter or leave the ports of the People's Republic of China, or ships with
nationality of the People's Republic of China which navigate international
routes.

    "Ports" mean ports for entry or exit of ships of international voyage
under approval of the State.

    A "shipper" menas an owner or an operator of ships.

    Article 17  This Measures shall enter into effect as of the date of
promulgation. With approval of the State Council, the General Rules Concerning
Joint Inspection of Entry or Exit Ships promulgated by the Ministry of
Communications, the Ministry of Foreign Economic Relations and Trade, the
Ministry of Public Security and the Ministry of Public Health on October 24,
1961 shall be superseded simultaneously.



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