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国务院办公厅转发口岸领导小组关于加强疏港工作几项补充规定的通

分类: 法律英语 
 

国办发(1986)46号
(June 7, 1986)
颁布日期:19860607  实施日期:19860701  颁布单位:国务院办公厅

The State Council has approved Several Additional Stipulations on Strengthening the Work of Unclogging Harbours formulated by the Leading Group for Port Affairs. It is hereby transmitted to you for implementation conscientiously.

SEVERAL ADDITIONAL STIPULATIONS ON STRENGTHENING THE WORK OF UNCLOGGNG HARBOURS

Since Several Stipulations on Strengthening the Work of Unclogging Harbours (hereinafter referred to as Stipulations) were implemented, some progress has been made in strengthening the planned administration of foreign trade transport, speeding up the transport of the goods at harbours and improving economic results. However, during the process of implementation, some provisions of the Stipulations have been found not clear enough. With the agreement of the relevant departments, the following additional stipulations are hereby formulated in order to further improve the work of unclogging harbours:

1. In order to enforce the plans, the monthly transport plans which have been balanced by the Ministry of Communications, the Ministry of Railways and Ministry of Foreign Economic Relations and Trade must be strictly implemented. The transport plans made and submitted by the relevant units must conform to the actual situation. In case plans which have been balanced and incorporated in the monthly transport plans have not been fulfilled, a fine of 0.5 yuan for every ton of goods shall be imposed on the relevant units. If the plans cannot be fulfilled due to objective reasons, no fines shall be imposed.

2. About provisions concerning the fines formulated in the Stipulations:

(1) When a large amount of materials (seasonal goods are not included) have crowded into a harbour in bulks, if the amount exceeds the monthly average amount in the yearly plan by 15%, or more, the companies ordering the goods shall be fined in accordance with the Stipulations.

(2) When goods which are not included in the yearly transport plans arrive at a harbour and, moreover, the owner has not made any supplementary plans according to the relevant provisions, fines shall be imposed on the owner in accordance with the Stipulations.

(3) In case that monthly plans have not been submitted as stipulated, the materials shall be treated as goods outside the plans. If the vessels are sent by our country, fines shall be imposed on the shipping companies. If the vessels are sent by other party, fines shall be imposed on the companies ordering the goods.

3. If it is necessary to unload goods from some planned vessels at more than two harbours or more, the shipping agent company at the first harbour should, according to the relevant stipulations, notify the shipping agent company at the next harbour of the information concerning the arrival of the vessels at the next harbour and instruct it to pass on the information to the office for port affairs, harbour section and other relevant units at the next harbour. In case of failure to pass on the information in time, China Ocean Shipping Agency or China National Foreign Trade Transportation Corporation shall circulate notices to criticize their respective shipping agent companies.

4. The monthly plan concerning the arrival of vessels and goods which has been balanced by the Ministry of Communications, the Ministry of Railways and the Ministry of Foreign Economic Relations and Trade shall be issued by the Ministry of Communications, with copies sent to the Transportation Bureaus of the other two ministries and the Office of the Leading Group for Port Affairs of the State Council. After receiving monthly plans from the Ministry of Communications, the various harbour sections shall promptly send copies to the local offices for port affairs, railway stations and foreign trade transportation companies. Local offices for port affairs shall take the monthly plans from the Ministry of Communications as the basis for conducting supervision and checks and imposing fines on unplanned transportation. The monthly railway plans for loading and unloading goods at harbours shall be carried out according to the existing procedures.

5. The monthly transport plan is the guarantee for carrying out the yearly transport plan. All the harbours, railway departments and owners (agents) must undertake their respective responsibilities in carrying out the balanced monthly plans.

(1) Planned vessels must not go beyond the month due to waiting to be loaded and unloaded. The Ministry of Communications should take this as one of the main standards in assessing the harbours' performance and shall carry out regular checks. If planned vessels cannot be loaded or unloaded within the prescribed period because of the harbours' responsibility, the Ministry of Communications shall circulate notices of criticism. If such cases are caused by foreign trade transport, the Ministry of Foreign Economic Relations and Trade shall circulate notices of criticism.

(2) It is necessary to ensure the fulfilment of the railway monthly transport plan. If the plan has not been fulfilled because of the responsibility of the railway department, the competent department for the railways shall circulate notices of criticism.

(3) For those materials which do not have reasonable directions of transportation, the railways shall only transport amounts within the quota (less than 500 ton for general goods; less than 1,000 ton for bulk cargo)。

In special cases, the approval of the competent department in the Ministry of Railways should be obtained; otherwise, the owners shall bear the economic losses.

(4) The bilateral and multilateral economic agreements signed among the various relevant units at the ports are a necessary measure to bring into full play the initiative of all the parties and speed up the turnover of vehicle, vessels and goods. The various offices for port affairs must do a good job in this respect.

6. In order to ensure the berth, loading and unloading of planned vessels, it is necessary to strictly control the number of temporary agreements for sending back single vessels quickly. Such agreements must not be signed for vessels outside the plans. All the harbours must strictly implement the Provisions Concerning Administration of Loading and Unloading for Foreign Trade Vessels at Chinese Harbours issued by the Ministry of Communications.

7. The provisions concerning fines in the Stipulations and these Additional Stipulations shall apply to the eight harbours of Dalian, Qinhuangdao, Tianjin, Qingdao, Lianyungang, Shanghai, Huangpu and Zhanjiang.

8. These Additional Stipulations shall go into effect as of July 1, 1986

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