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CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING TRANSMISSION OF THE INTERIM PROVISIONS OF THE LEADING GROUP FOR PORT AFFAIRS ON THE SCOPE OF FUNCTIONS OF LOCAL ADMINISTRATIVE ORGANS FOR PORT AFFAIRS

    The State Council has approved the Interim Provisions for the Scope of
Functions of Local Administrative Organs for Port Affairs submitted by the
Leading Group for Port Affairs. It is hereby transmitted to you for
implementation.

    There are a considerable number of units involving in handling external
matters at ports, which are gateways of China to foreign countries. Under
different systems of subordination and with their own rules and regulations,
contradictions often occur among these units. If each acts in his own way, the
work will inevitably be hindered and harmful effects on foreign relations will
be caused. Facts have proved that it is necessary to establish streamlined
administrative organs for port affairs at various levels and it is an
effective measure in raising the comprehensive capacity of the ports.

    In order to strengthen the administration of ports, the relevant people's
governments at the provincial (regional) and the municipal level shall each
appoint a vice governor (vice chairman) and a vice mayor to be directly
responsible for the administration of port affairs so that the work will
gradually become regularized, systematized, standardized and modernized to
meet the needs of the development of the national economy and the growing
foreign trade, scientific and technical exchanges and personnel interflow.
INTERIM PROVISIONS FOR THE SCOPE OF FUNCTIONS OF LOCAL ADMINISTRATIVE
ORGANS FOR PORT AFFAIRS

    In order to improve the administration of port affairs, the following
provisions are made on the scope of functions of local administrative
commissions for port affairs and offices in charge of port affairs in
accordance with the spirit of the Circular of the State Council Concerning
Further Strengthening Leadership over Port Affairs:

    1. Local administrative commissions for port affairs and offices in charge
of port affairs are the administrative organs for port affairs under the
direct leadership of the relevant provincial (regional) or municipal people's
governments and are responsible for the administration and coordination of
port affairs at the marine, land and aerial ports in their respective areas.

    2. They shall be responsible for implementing the principles, policies,
and stipulations of the State concerning port work and shall formulate rules
for their implementation according to the actual conditions in the ports of
their areas.

    3. They shall be responsible for balancing the foreign trade transport
plans for the ports under their jurisdiction, checking and ensuring the
implementation of the transport plans balanced and issued by the Central
Government, and enhancing projection and prediction.

    4. They shall be responsible for organizing the inward and outward
transportation of goods, organizing the relevant parties in signing economic
agreements, coordinating the work of the departments in charge of railways,
harbours and trade, strengthening the loading and unloading of goods for
vehicle and vessels, speeding up the turnover of vehicle and vessels and the
transportation of goods and ensuring the smooth flow of goods at the ports.

    5. They shall be responsible for supervising and checking the work of the
units in charge of inspection and examination at the ports, which shall,
within their respective functions and according to their respective
regulations, conduct supervision and administration of the personnel, means of
transport, goods, luggage and other objects that enter or leave the country,
and fulfil their duties concerning inspection, examination, quarantine, etc..

    6. They shall be responsible for coordinating the work of and handling the
contradictions among the various units at the ports (including units that are
in charge of foreign trade transport, and that handle cargo for other units or
other countries, loading, unloading and tallying of goods, storage and
transhipment, inspection and examination, notarization and appraisal, claims
from foreign countries, supply and services, reception and publicity, etc.),
functioning as arbitration organs. The following principles should be observed
in coordinating the work of and handling the contradictions among the various
units at the ports:

    (1) the stipulations which have been jointly formulated and issued by
several departments under the State Council should be implemented by all the
relevant units. Local administrative organs for port affairs have the right to
refuse to implement those stipulations which have been altered unilaterally by
any one department without the agreement of the original departments that
issued them;

    (2) if disputes arise due to discrepancies among the rules and regulations
of different competent departments under the State Council, local
administrative organs for port affairs shall promptly report the case to the
Leading Group for Port Affairs of the State Council, with proposals for the
possible solutions;

    (3) local administrative organs for port affairs must handle
foreign-related matters in strict accordance with the rule of reports for
instructions. Ordinary foreign-related matters which cannot be coped with by
the units at the ports shall be reported to the relevant units in the
provinces (autonomous regions or municipalities directly under the Central
Government) for consideration and decision. Important foreign-related matters
shall be reported, together with the opinions of the relevant units of the
provinces (autonomous regions or municipalities directly under the Central
Government), to the competent department under the State Council for
consideration and decision. Foreign-related matters of great importance and
urgency may be directly reported to the competent department under the State
Council for instructions and reports shall be sent to the relevant units in
the provinces (autonomous regions or municipalities directly under the Central
Government);

    (4) in case differences of opinion appear in their work, the units at the
ports should observe the relevant stipulations of the State and give priority
to settling the issues concerning external affairs through consultation. If
agreement cannot be reached through consultation, decisions shall be made by
the local administrative organs for port affairs or the local people's
governments as requested by these organs;

    (5) local administrative organs for port affairs shall promptly organize
the relevant units in solving the contradictions and disputes that arise in
their coordination, and are empowered to made arbitrations in emergency cases.

    The various units at the ports must carry out the decisions made by the
local administrative organs for port affairs in the light of the
above-mentioned principles.

    7. They shall be responsible for organizing the various units at the ports
in giving publicity to and carrying out education on foreign-related policies,
disciplines and strengthening public security and shall, in conjunction with
the relevant departments, examine important foreign-related matters at the
ports and cases of serious violation of the disciplines and put forward
suggestions concerning the penalties.

    8. They shall be responsible for checking and supervising the organization
and implementation of the port plans, their construction and systemized
technical innovations, and for promoting their synchronic progress.

    9. They shall be responsible for examining the applications for the
opening or closing of category-1 and category-2 ports, reporting the
applications for approval, and organizing the detailed work in the
implementation, in accordance with the various policies and regulations of the
state concerning the opening of ports.

    10. They shall be responsible for carrying out investigations and studies,
summing up and exchanging experience, reporting to the relevant departments
at higher levels the major contradictions and problems which have emerged in
their work, and putting forward proposals for their solution.

    11. They shall be responsible for fulfilling other tasks assigned by
leading departments at higher levels.

    12. These Provisions shall apply to the administrative committees for port
affairs or offices for port affairs of the provinces or municipalities where
there are category-1 ports. The scope of functions of the administrative
organs at category-2 ports may be provided by the people's governments in the
relevant provinces (autonomous regions or municipalities directly under the
Central Government) according to the actual conditions of the local ports.