A port can be composed of one or more port areas.
Article 4 the State Council and the relevant local people's governments at or above the county level shall incorporate the requirements of port development and planning into their national economic and social development plans, and protect and rationally utilize port resources according to law.
Article 5 The State encourages domestic and foreign economic organizations and individuals to invest in the construction and operation of ports according to law, and protects the legitimate rights and interests of investors.
Sixth the State Council traffic administrative departments in charge of the national port work.
The management of ports within their respective administrative areas by local people's governments shall be determined in accordance with the State Council's regulations on port management system.
According to the port management system determined in the preceding paragraph, the port managed by the people's government of the city or county where the port is located shall be determined by the people's government of the city or county to implement the specific administrative management of the port; Ports managed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to implement port administration.
The departments that specifically implement port management as determined in the preceding paragraph are hereinafter collectively referred to as port administrative departments.
Chapter II Port Planning and Construction
Article 7 Port planning shall be compiled according to the requirements of national economic and social development and the needs of national defense construction, embody the principle of rational utilization of shoreline resources, conform to the urban system planning, and be connected and coordinated with the overall land use planning, overall urban planning, river basin planning, flood control planning, marine functional zoning, waterway traffic development planning and other transportation development planning, as well as other relevant plans stipulated by laws and administrative regulations.
The preparation of port planning shall organize expert argumentation and conduct environmental impact assessment according to law.
Article 8 Port planning includes port layout planning and overall port planning.
Port layout planning refers to port layout planning, including national port layout planning and port layout planning of provinces, autonomous regions and municipalities directly under the central government.
Port master plan refers to the specific planning of the port in a certain period of time, including the land and water scope of the port, the division of the port area, the throughput and the ship type arriving at the port, the nature and function of the port, the land and water use, the use of port facilities, the allocation of construction land and the order of phased construction.
The overall port planning shall conform to the port layout planning.
Article 9 The national port layout plan shall be compiled by the transportation department of the State Council in consultation with the relevant departments of the State Council and relevant military organs, and shall be promulgated and implemented after being approved by the State Council.
The port layout planning of provinces, autonomous regions and municipalities directly under the Central Government shall be organized and compiled by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to the national port layout planning, and sent to the transportation authorities in the State Council for comments. If the competent transportation department of the State Council has not made any amendment within 30 days from the date of receiving the materials for soliciting opinions, the port layout plan shall be promulgated and implemented by the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government; The competent department of transportation in the State Council believes that it does not conform to the national port layout plan, and shall propose amendments within 30 days from the date of receiving the materials for soliciting opinions; If the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government have objections to the amendments, they shall report to the State Council for decision.
Article 10 The overall port planning shall be worked out by the port administrative department in consultation with relevant departments and military organs.
Article 11 The overall planning of major ports with important geographical location, large throughput and wide influence on economic development shall be approved by the competent department of transportation of the State Council in conjunction with the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government after consulting the relevant departments of the State Council and relevant military organs, and promulgated for implementation. The list of major ports shall be determined and published by the transportation department of the State Council in consultation with the relevant departments of the State Council.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, after soliciting the opinions of the transportation authorities in the State Council, determine the important ports in this region. The overall planning of important ports shall be approved, promulgated and implemented by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government after consulting the transportation departments of the State Council.
The overall planning of ports other than those specified in the preceding two paragraphs shall be promulgated and implemented after being approved by the people's governments of the cities and counties where the ports are located, and shall be reported to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record.
The overall port planning within the scope specified in the first and second paragraphs of this article compiled by the port administrative department of the people's government of the city or county shall be examined and approved by the people's government at the corresponding level before being submitted for examination and approval.
Twelfth port planning changes, in accordance with the port planning procedures.
Thirteenth in the overall planning of the port area, the construction of port facilities and the use of deep-water port coastline shall be approved by the the State Council Municipal Transportation Department in conjunction with the comprehensive macro-control department of the State Council; The construction of port facilities and the use of non-deep water coastline shall be approved by the port administrative department. However, the port coastline is used for projects approved by the comprehensive macro-control department of the State Council or the State Council, and the approval procedures for the use of the port coastline will not be handled separately.
Port deepwater coastline standards shall be formulated by the transportation department of the State Council.
Article 14 Port construction shall conform to the port planning. Shall not violate the port planning and construction of port facilities.
Fifteenth port construction projects that must be approved by the relevant competent departments in accordance with the provisions of the state shall go through the examination and approval procedures in accordance with the relevant provisions of the state and conform to the relevant national standards and technical specifications.