Laws of the People's Republic of China

    Article 1  These Measures are formulated in order to speed up harbour
construction to meet the needs of economic development.

    Article 2  Harbour tolls shall be collected on the goods entering and
leaving the following harbours: Dalian, Yingkou, Qinhuangdao, Tianjin, Yantai,
Qingdao, Shijiu, Lianyungang, Shanghai, Ningbo, Wenzhou, Fuzhou, Xiamen,
Shantou, Guangzhou, Huangpu, Haikou, Basuo, Sanya, Zhanjiang, Beihai,
Fangcheng, Nanjing, Zhenjiang, Zhangjiagang and Nantong.

    Article 3  Compulsory payers (hereinafter referred to as the "payers") of
harbour tolls shall be the consignors (or their agents) or the consignees (or
their agents).

    Article 4  For those goods entering and leaving the harbours listed in
Article 2 (including the imported and exported foreign trade goods being
transferred from harbour to harbour), harbour tolls shall be collected only
once, during the whole course of water transportation.

    Article 5  Collection of harbour tolls shall be conducted according to the
Table of Harbour Tolls Rates attached to these Measures.

    Article 6  The following goods shall be exempted from harbour tolls:

    (1) the goods which are exempted from harbour dues according to the Rules
for Collection of Harbour Dues promulgated by the Ministry of Communications;

    (2) the raw and processed materials needed in production and the products
being transported by enterprises on their own wharves;

    (3) the goods which are exempted from harbour tolls according to the Table
of Harbour Tolls Rates.

    Article 7  The Ministry of Communications shall be responsible for the
collection and control of harbour tolls. The harbour authorities or the cargo
handling companies in the harbour listed in Article 2 shall be agencies for
collecting harbour tolls. The agencies may entrust the collection of harbour
tolls to loading and unloading units on the water as well as other harbours
engaged in through-transport with the harbours listed in Article 2.

    Article 8  No separate bills shall be designed for the collection of
harbour tolls. The agencies and the entrusted collectors shall add the item of
harbour tolls in the existing bills for transport charges and collect harbour
tolls together with transport and sundry charges.

    The entrusted collectors shall settle accounts with, and hand over the sum
of money, to the agencies within 3 days of the receipt of harbour tolls and
must not withhold or divert the same to other uses.

    Article 9  The income from harbour tolls shall be deposited into a special
account of the Ministry of Communications. The agencies must open a special
account of harbour tolls for the Ministry of Communications at the local
Industrial and Commercial Bank of China and must deposit the collected funds
into the account within 3 days of the receipt and transfer it to the Ministry
of Communications every month. The agencies are only empowered to deposit and
transfer the funds collected and must not use it.
harbour construction. The use of the funds shall be arranged in a unified
manner by the Ministry of Communications according to the relevant
stipulations of the State.

    Article 11  The Ministry of Communications shall check on the toll
collection work of the agencies or the entrusted collectors.

    The agencies or entrusted collectors shall not fail to collect or wrongly
collect harbour tolls. If such mistakes occur, remedial steps must be taken
promptly.

    Article 12  If a payer does not pay harbour tolls in accordance with these
Measures, in addition to being ordered to pay the tolls in full, he shall,
depending on the circumstances, be subject to a fine of no more than 5 times
of the sum due.

    Article 13  If a dispute arises between a payer and an agency or an
entrusted collector over the payment of harbour tolls, the payer must pay the
tolls first according to the decision of the agency or entrusted collector and
then appeal to the Ministry of Communications for a reconsideration or
directly file a suit at a people's court.

    Article 14  These Measures shall be interpreted by the Ministry of
Communications, which shall be responsible for formulating the rules for
implementation.