The port may consist of one or more harbor areas.
Article 4 The State Council and the relevant local people's governments at or above the county level shall reflect the development of ports and planning requirements in the national economy and social development plan, and protect and rationally utilize port resources in accordance with the law.
Article 5 The State encourages domestic and foreign economic organizations and individuals to invest in the construction and operation of ports in accordance with law, and protects the legitimate rights and interests of investors.
Article 6 The competent department of transportation under the State Council shall be in charge of port work throughout the country.
Local people's governments on the management of ports in their administrative areas, in accordance with the provisions of the State Council on the port management system to determine.
In accordance with the port management system determined in accordance with the preceding paragraph, the port by the people's government of the city or county where the port is managed by the people's government of the city or county to determine a department of the port of the specific implementation of administrative management; by the people's government of the province, autonomous region, municipality directly under the Central Government to determine a department of the people's government of the province, autonomous region, municipality directly under the Central Government to determine the implementation of the port of the specific implementation of the port of the administrative management.
In accordance with the preceding paragraph to determine the specific implementation of the administrative management of the port department, hereinafter collectively referred to as the port administration.
Chapter II Port Planning and Construction
Article 7 Port planning shall be based on the requirements of the national economy and social development and national defense construction needs, reflecting the principle of rational use of shoreline resources, in line with the planning of the urban system, and with the overall land-use planning, urban master plan, river basin planning, flood control planning, marine functional zoning, waterway transport development planning and other modes of transport development planning, as well as laws and administrative regulations. Transportation mode development planning and other relevant planning as stipulated by laws and administrative regulations are connected and coordinated.
The preparation of port planning should be organized expert demonstration, and environmental impact assessment in accordance with the law.
Article 8 port planning, including port layout planning and port master plan.
Port layout planning, refers to the distribution of port planning, including national port layout planning and provinces, autonomous regions and municipalities directly under the Central Government port layout planning.
Port master plan, refers to a port in a certain period of specific planning, including the port's water and land area, port area division, throughput and to the port of the ship type, the nature and function of the port, the use of water and land area, port facilities, construction of shoreline use, the construction of land allocation, as well as the construction of the sequence of phases and other content.
Port master plan should be consistent with the port layout plan.
Article IX of the national port layout plan, by the State Council department in charge of transportation to seek the views of the State Council departments and relevant military authorities to prepare for the approval of the State Council announced after implementation.
Provinces, autonomous regions and municipalities directly under the Central Government port layout plan, organized by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the national port layout plan, and sent to the competent department of the State Council traffic for comments. Transportation department of the state council from the date of receipt of the material for comments full thirty days without modification, the port layout plan by the relevant provincial, autonomous regions, municipalities directly under the central people's government announced the implementation of; the state council department of transportation that does not meet the national port layout plan, shall be received from the date of the material for comments within thirty days of the modification; the relevant provincial, autonomous regions, municipalities directly under the central people's government on the If the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government have objections to the modifications, the State Council shall decide.
Article 10: The port master plan shall be prepared by the port administrative department in consultation with the relevant departments and military authorities concerned.
Article 11 The master plan of major ports with important geographical location, large throughput and wide influence on economic development shall be approved by the competent department of transportation under the State Council in conjunction with the people's governments of the provinces, autonomous regions and municipalities directly under the central government concerned after consulting with the relevant departments of the State Council and the relevant military organs, and shall be promulgated and implemented. The list of major ports shall be determined and published by the competent traffic department of the State Council after consulting the relevant departments of the State Council.
The people's governments of the provinces, autonomous regions and municipalities directly under the Central Government of the State Council, after consulting the views of the competent departments of the State Council transportation to determine the important ports in the region. Important port master plan by the people's governments of provinces, autonomous regions and municipalities directly under the Central People's Government to seek the views of the State Council department in charge of transportation after approval, announced and implemented.
The master plan of the ports other than the provisions of the preceding two paragraphs, by the people's government of the city or county in which the port is located, after approval and implementation, and reported to the people's government of the province, autonomous region, municipality directly under the Central Government for the record.
The master plan of a port belonging to the scope of the first and second paragraphs of this article prepared by the port administrative departments of the people's governments of the cities and counties shall be examined and approved by the people's governments of their respective levels before being submitted for approval.
Article XII modification of port planning, in accordance with the port planning procedures.
Article XIII in the port master plan area for the construction of port facilities, the use of port deep-water shoreline, by the State Council department in charge of transportation in conjunction with the State Council's comprehensive economic macro-control department for approval; construction of port facilities, the use of non-deep-water shoreline, by the port administration for approval. However, the State Council or the State Council's comprehensive economic macro-control department approved the construction of the project using the port shoreline, no longer separately for the use of the port shoreline approval procedures.
The standard of deep-water shoreline of the port shall be formulated by the competent department of transportation under the State Council.
Article 14 Port construction shall be consistent with port planning. No port facilities shall be constructed in violation of port planning.
Article 15 Port construction projects which are subject to the approval of the relevant authorities in accordance with the state regulations shall go through the approval procedures in accordance with the relevant state regulations and conform to the relevant state standards and technical specifications.