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CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE APPROVAL AND TRANSMISSION OF SEVERAL ADDITIONAL STIPULATIONS BY THE LEADING GROUP FOR PORT AFFAIRS ON STRENGTHENING THE WORK OF UNCLOGGING HARBOURS

    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
the 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, 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 harhours' performance and shall carry out
regular checks. If planned vessels cannot be loaded or unloaded within the
prescribed period on the harbours' account, 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 on the
railway department's account, 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 strict1y 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.