Laws of the Guangdong Province

Administrative Regulations of Shenzhen Special Economic Zone on Harbors

 ( adopted by the 20th Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Conference on February 13, 1998; revised by the 32nd Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Conference on June 25, 2004)

Chapter One   General Provisions

Article 1  In order to strengthen the administration to the harbors in Shenzhen Special Economic Zone (hereinafter referred to as the special zone), promote the development of harbor industry and give play to harbors in the social economic development, these Regulations are formulated in combination with the actual circumstances of the special zone.

Article 2  These Regulations shall be applicable to the planning, construction, production, and operation of Shenzhen harbors, and other activities concerning harbors.

Article 3  For the purpose of these Regulations, the following terms shall be defined as:

1. Shenzhen harbors: referring to all the harbor areas and planning harbor areas for commercial vessels to come in and out;

2.  harbor areas: referring to the water and land areas which are designated with approval according to the overall layout planning of Shenzhen harbors in order to satisfy the production or operation needs of harbors;

3. planning harbor areas: referring to the water and land areas which are planned according to the overall layout planning of Shenzhen harbors in order to carry out further development or construction to harbors;

4.  harbor facilities: referring to the buildings and constructions built for harbor production or operation, and relevant facilities established for harbor production or operation in harbor areas or planning harbor areas, including harbor basic facilities and other facilities.

The harbor basic facilities include: breakwaters, diversion dikes, harbor approaches, retraining walls, harbor basins, anchorage grounds, ship locks, roads, docks, pontoons, trestles, buoys, passenger stations, railways, water supply facilities, drainage facilities, public communication facilities, power supply facilities, fire control facilities, environment protection facilities, navigation aid facilities and other facilities;

5. harbor businesses: referring to providing services to ships, consigners or passengers for stopping ships, transporting cargos or passengers, including providing harbor facilities, pulling services, cargo loading and unloading services, cargo storage services, lightering services and cargo tallying service to ships or consigners, and providing services to passengers for waiting ships, embarking and debarking.

The term of harbor profitable businesses refers to the harbor businesses which are profitable and have disbursement and settlement.

Article 4  The People' s Government of Shenzhen Municipality (hereinafter referred to as the municipal government) shall bring harbor industry into the planning of national economy and social development, and shall take charge of the organization of implementing the planning.

  The municipal government shall conduct macroscopic readjustment and control to harbor industry, and combine government investment with social investment.

Article 5  The municipal government shall establish a harbor administrative committee of Shenzhen Municipality (hereinafter referred to as the municipal harbor administrative committee) to fulfill the following functions and responsibilities:

1. drafting policies and guidelines to promote harbor development;

2. examining the overall layout planning of harbor and its revision;

3. examining every harbor planning and its revision;

4. putting forward the government' s investment planning to harbors;

5. deciding on the allocation and using scheme of coastlines, water areas and land areas in harbor areas;

6. examining the construction scheme of large harbor construction project; and

7. coordinating relevant departments in fulfilling their respective functions and responsibilities on harbor administration.

Article 6  The administrative competent department of harbor of the municipal government (hereinafter referred to as the municipal competent department of harbor) shall administrate harbor industry according to law.

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Chapter Two  Harbor Planning

Article 7  The overall layout planning of Shenzhen harbors shall be consistent with the national and provincial layout planning of harbors and the city overall planning of Shenzhen Municipality.

Article 8  The overall layout planning of Shenzhen harbors shall be drafted according to the needs of national economy and social development, combining with the handling capacity of Shenzhen harbors in passenger and cargo transportation in near and far future, the types of ships entering harbors, the categories, volume and flow directions of cargos coming from hinterland, capacities of harbors in centralized and scattered transportation, natural environment and safety of traffic and transportation.

The overall layout planning of Shenzhen harbors shall stipulate the scale, characters, functions and boundaries of harbors, the scope of planning harbor areas, division of harbor areas, usage of water and land areas, usage of coast lines, protection of environment, allocation of all facilities and lands for construction, and construction plan of each stage.

Article 9 The overall layout planning of Shenzhen harbors shall be drafted by the municipal competent department of harbor, and shall be submitted for examination and approval according to relevant regulations after the municipal administrative department of planning conducting comprehensive coordination and the municipal government finishing examination.

Article 10  The planning of each harbor area of Shenzhen harbors shall be drafted according to the overall layout planning of Shenzhen harbors, and shall stipulate the operation scope and scale of the harbor area, the arrangement of function areas of water and land areas, the complement of auxiliary production facilities, the protection of environment and the construction plan of each stage.

Article 11  The planning of each harbor area of Shenzhen harbors shall be drafted under the organization of the municipal competent department of harbor, and shall be submitted to the municipal government for examination and approval after the municipal administrative committee of harbor conducting comprehensive coordination.

Article 12  The overall layout planning of Shenzhen harbors and planning of harbor areas shall be implemented under the supervision of the municipal competent department of harbor.

Article 13  The revision of overall layout planning of Shenzhen harbors or planning of harbor areas shall be examined and approved according to the drafting, examination and approval procedures stipulated in these Regulations.

Chapter Three  Harbor Construction

Article 14  The design, construction and acceptance check of construction project of Shenzhen harbors shall be consistent with the overall layout planning of Shenzhen harbors, the planning of harbor areas, and the national industry technical standards and requirements.

Article 15  The municipal government shall construct government docks by steps according to the overall layout planning of Shenzhen harbors, and improve the construction of docks.

Article 16  Anyone who wants to build, rebuild or expand harbor facilities or other projects in harbor areas or planning harbor areas shall go through relevant formalities at relevant departments according to the submission and approval procedures for basic construction after getting examination and approval of the municipal competent department of harbor.

Anyone who wants to construct facilities or conduct other constructions in the water areas of harbor areas or planning harbor areas shall apply for examination and verification to the supervisory department of water safety in advance.

Article 17 Anyone who wants to establish an industry area in harbor areas or planning harbor areas shall apply for approval to relevant competent department after the municipal competent department of harbor examining and approving.

Article 18  If the municipal government wants to invest into and construct a project of harbor basic facility, the municipal competent department of harbor shall organize a public bidding. The municipal administrative department of construction shall conduct supervisory administration.

As to a project of constructing harbor facility without governmental investment, the tender invitation and submission shall be carried out according to relevant law and regulations. The municipal administrative department of construction shall conduct supervisory administration jointly with the municipal competent department of harbor.

Article 19  The supervisory organization of project quality which is legally established shall take charge of the quality supervision to construction projects of harbor facilities according to relevant regulations of the nation and the special zone, and shall accept the supervision of municipal administrative department of construction.

Article 20  After a construction project of harbor facility is completed, the municipal competent department of harbor shall assist the competent department of checking completed project to conduct acceptance check according to legal procedures.

Article 21  Anyone who wants to construct dock facilities outside harbor areas and planning areas shall get approval from the municipal competent department of harbor. Anyone who wants to construct above or under water, shall also get approval from the supervisory department of water safety in advance.

Chapter Four   Administration on Harbor Affairs

Article 22 Anyone who wants to apply for establishing an enterprise engaging in harbor profitable businesses shall go through formalities according to legal qualifications and procedures.

If the establishment shall be examined and approved by the superior competent department according to law, it shall be submitted according to legal procedures after the municipal competent department of harbor finishing examination.

Article 23  Any harbor enterprise which wants to change its operation scope of harbor business, it shall undergo the examination or get approval from the original examination or approval organ.

Any harbor enterprise which wants to stop operation shall report to the municipal competent department of harbor for record.

Article 24  The municipal competent department of harbor shall annually check the operation conditions of enterprises engaging in harbor loading and unloading, storage, cargo tallying and pulling, and shall order the enterprise which fails to pass the annual check to rectify in a limited time.

Article 25  The municipal competent department of harbor shall supervise the production safety of harbor enterprises according to relevant law and regulations on safety administration, and shall assist the competent department of labor in training the safety officers of harbor enterprises.

Article 26  The municipal competent department of harbor shall collect and regularly distribute the information of harbors at home and abroad, and shall provide necessary consultation services to harbor enterprises about the production and operation conditions of harbors at home and abroad.

Harbor enterprises and other units engaging in harbor businesses shall submit their statistics forms and materials to the municipal competent department of harbor according to relevant regulations.

Article 27  The municipal competent department of harbor shall charge harbor administrative career fees according to relevant national regulations.

Article 28  Every enterprise engaging in harbor profitable businesses shall sign harbor business contracts with clients.

Harbor business contracts except the contracts which can be settled immediately shall be signed in writing. Every enterprise engaging in harbor loading, unloading or storage shall use format contracts.

Article 29  Harbor enterprises shall strengthen administration to operation sites, guarantee operation safety and cargo' s quality, and accept the supervision and check of municipal competent department of harbor.

Article 30  Every enterprise which engages in the harbor business of loading, unloading, storage, cargo tallying or pulling shall charge fees according to relevant national regulations.

Article 31 The planning and construction of a dock which is constructed and used by a consignor shall be supervised by the municipal competent department of harbor.

No consignor' s dock may be opened for operation until getting approval from the municipal competent department of harbor.

Article 32  The municipal trades association of harbor is a self-disciplined social organization formed by harbor enterprises, and shall accept the guide and supervision of municipal competent department of harbor.

The chapter and important decisions of municipal trades association of harbor shall be submitted to the municipal competent department of harbor for record.

Chapter Five   Harbor Protection

Article 33  Every enterprise, unit and individual has the obligation to protect harbor facilities. It is forbidden to destroy any harbor facility.

Article 34  The owner and operator of harbor facilities shall take charge of maintaining their facilities and guarantee the normal usage of the facilities.

Article 35  Anyone who loads, unloads, transports or stores dangerous cargo in harbor areas shall strictly abide by the regulations of relevant law, regulations and rules.

Article 36  No one may dump waste or discharge poisonous or harmful material in harbor areas or planning harbor areas.

Anyone who wants to engage in breeding, planting, digging, dumping clay and sandstone or explosive operation shall get approval from the municipal competent department of harbor in advance, and apply to relevant competent department for examination and approval according to legal procedures.

Article 37  Anyone who fills water areas to make new lands in harbor areas or planning harbor areas shall abide by the overall layout planning of Shenzhen harbors and the planning of harbor areas, and shall apply for examination and approval to the municipal competent department of harbor jointly with the relevant department of planning, environment protection and water safety supervision.

Article 38  Before a planning harbor area is developed and constructed, the municipal competent department of harbor shall carry out administration to protect the environment of water and land areas jointly with the relevant departments of planning, environment protection and water safety supervision. No unit or individual may destroy the natural land forms of the planning harbor area, construct permanent buildings in it, or pollute its environment.

Anyone who wants to construct a temporary building in a planning harbor area shall get approval from the municipal competent department of harbor, and shall go through relevant formalities at the administrative departments of planning and construction.

Article 39 Any construction unit, which wants to start a project construction or other development item outside a harbor area or a planned harbor area which may affect its functions of a harbor area or planned harbor area or may change the hydrological condition, geological condition, landform or physiognomy of navigable waters or anchorage ground, shall get approval from the municipal harbor competent department and the supervisory department of water safety in advance and submit corresponding prevention scheme, and may not start construction or development until having adopted necessary prevention measures.

Article 40 Under any one of the emergent situations of maritime perils, fire, typhoon and sea pollution, the municipal harbor competent department shall assist relevant departments of water-safety supervision, fire control and environment protection in salvage by affective measures to protect the safety of persons, ships, cargos and other properties.

Chapter Six  Harbor Pilotage

Article 41  Foreign ships which want to enter or leave Shenzhen Harbor, move their berths, anchor at places outside Shenzhen Harbor or leave their berths outside Shenzhen Harbor shall apply for pilotage according to relevant national regulations.

Chinese ships which want to enter or leave Shenzhen Harbor, move their berths, anchor at places outside Shenzhen Harbor or leave their berths outside Shenzhen Harbor may apply for pilotage. A Chinese ship shall apply for pilotage if relevant regulations require.

Article 42  The municipal competent department of harbor shall be in charge of the administration to the pilotage businesses in Shenzhen Harbor, and shall establish a pilotage organization for Shenzhen Harbor according to its productions needs and layout.

The supervisory department of water safety shall supervise by law the sailing safety of pilotage in the harbor.

Article 43  The pilotage organization of Shenzhen Harbor shall organize the pilotage businesses in Shenzhen Harbor uniformly, and shall appoint pilots to provide all-day services for ships which need or are required to be piloted.

No unit or individual that are not belong to the pilotage organization of Shenzhen Harbor may engage in pilotage businesses in Shenzhen Harbor.

Article 44  The pilotage organization of Shenzhen Harbor shall make a pilotage arrangement in time after receiving a ship' s pilotage application, submit the arrangement for record to the municipal competent department of harbor and the supervisory department of water safety, and pilot the ship according to relevant regulations of Shenzhen Harbor.

Article 45  No one may engage in pilotage in a pilotage area of Shenzhen Harbor until he gets a competency certificate of being a pilot and is hired by a pilotage organization.

Article 46  The pilot shall obey the dispatching by the pilotage organization of Shenzhen Harbor, and may not engage in pilotage services or pilotage consultation services without its appointment.

Article 47  The pilot shall provide safe and timely pilotage services for ships, and shall pilot ships earnestly and carefully. The piloted ship' s captain' s responsibilities of managing and driving the ship shall not be exempted.

Article 48  When the pilotage organization makes a pilotage arrangement and appoints a pilot to lead a ship, the number and horsepower of the tugboats it used shall be consistent with the type of the piloted ship according to the standards made by the municipal competent department of harbor.

Enterprises engaging in tugboat businesses shall provide qualified tugboats which accord with the technical standards of safety.

Article 49  The owner or operator of harbor facilities shall provide safe environments for ships to anchor, leave and move berth according to the harbor designing standards and the safety requirements of pilotage made by relevant departments.

Article 50  The pilotage organization of Shenzhen Harbor shall charge pilotage fees according to the national standards of pilotage fees.

Chapter Seven  Legal Responsibilities

Article 51  Anyone who commits any one of the following acts in violation of these Regulations shall be ordered to make correction within a time limit by the municipal harbor competent department, and shall be imposed a fine of 30,000 to 50,000 yuan:

1. building, rebuilding or expanding a harbor facility or constructing other project in a harbor area or planned harbor area without being examined and approved by the municipal competent department of harbor;

2. establishing an industry area in a harbor area or planned harbor area without being examined and approved by the municipal competent department of harbor;

3. building an eternal construction in a planned harbor area;

4. building a temporary construction in a planned harbor area without being examined and approved by the municipal competent department of harbor;

5. building a dock facility outside a harbor area or planned harbor area without being approved by the municipal competent department of harbor; or

6. starting a project construction or other development item in a harbor area or planned harbor area which may affect its functions, change the hydrological condition, geological condition, landform or physiognomy of navigable waters or anchorage ground, or endanger harbor construction, production or safety, without being approved by the municipal competent department of harbor and the supervisory department of water safety.

Article 52  Anyone who commits any one of the following acts in violation of these Regulations shall be ordered to restore the original states within a limited time by the municipal competent department of harbor and may be imposed a fine of 10,000 to 20,000 yuan simultaneously:

1. destroying the natural landform of a planned harbor area; or

2. cultivating, planting, excavating, dumping clay and sandstone or conducting demolish operation in a harbor area or planned harbor area without being approved by the municipal competent department of harbor.

Article 53  Anyone who fills water areas to make new lands in a harbor area or planned harbor area without approval shall be ordered to stop filling by the municipal competent department of harbor. The new lands shall be confiscated by the municipal government. which may affect the functions of a harbor area or planned harbor area or may change the hydrological condition, geological condition, landform or physiognomy of navigable waters or anchorage ground which may affect the functions of a harbor area or planned harbor area or may change the hydrological condition, geological condition, landform or physiognomy of navigable waters or anchorage ground which may affect the functions of a harbor area or planned harbor area or may change the hydrological condition, geological condition, landform or physiognomy of navigable waters or anchorage ground.

Article 54  Anyone who commits any one of the following acts in violation of these Regulations shall be confiscated his illegal gains by the municipal competent department of harbor, and may be imposed a fine of 1 to 2 times of the illegal gains simultaneously;

1. a unit other than the pilotage organization of Shenzhen Harbor or a person engaging in pilotage businesses; or

2. a pilot of the pilotage organization of Shenzhen Harbor engaging in pilotage businesses without appointment.

Article 55 Any staff member of the municipal competent department of harbor who neglects his duties, abuses his powers or plays irregularities for favoritism in violation of these regulations shall be imposed administrative penalties by his unit or the supervisory department, and shall be investigated for criminal responsibilities if his act constitutes a crime.

Article 56  If a party does not agree with the decision of administrative penalty made by the municipal competent department of harbor, he may apply for review to its superior authority within 15 days upon receiving the penalty notice. If a party does not agree with the review decision, he may bring litigation before people' s court within 15 days upon receiving the review decision. The party may also bring litigation before people' s court directly within 15 days upon receiving the penalty notice.

If a party does not implement the penalty decision made by the municipal competent department of harbor, and does not apply for review or bring litigation before people' s court, the municipal competent department of harbor may apply for coercive execution to people' s court.

Chapter Eight  Supplementary Provisions

Article 57  These Regulations shall be applicable to the fishing ports in which commercial boats anchor, and which are engaged in harbor operational businesses.

Article 58  The municipal government may make detailed rules for implementing these Regulations.