国办发（1987）21号
（April 15， 1987）
颁布日期：19870415 　实施日期：19870415 　颁布单位：国务院办公厅

　　The State Council has approved the Interim² Provisions for the Scope of Functions of Local Administrative³ Organs for Port Affairs submitted by the Leading Group for Port Affairs. It is hereby transmitted to you for implementation⁵.

　　There are a considerable number of units involving in handling external matters at ports， which are gateways⁶ 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 act in his own way， the work will inevitably⁷ 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 provincial⁸ （regional） and the municipal level shall each appoint a vice⁹ 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， standardized¹⁰ and modernized¹¹ to meet the needs of the development of the national economy and the growing foreign trade， scientific and technical exchanges and personnel inter¹ flow.

　　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 coordination¹² of port affairs at the marine¹³， land and aerial ports in their respective areas. 2. They shall be responsible for implementing¹⁴ the principles， policies， and stipulations of the State concerning port work and shall formulaterules 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 jurisdiction¹⁵， checking and ensuring the implementation of the transport plans balanced and issued by the Central Government， and enhancing projection¹⁶ and prediction.

　　4. They shall be responsible for organizing the inward and outward transportation of goods organizing the relevant parties in signing economic agreements， coordinating¹⁷ the work of the departments in charge of railways， harbours and trade， strengthening the loading and unloading of goods for vehicle and vessels¹⁸， speeding up the turnover¹⁹ 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 inspection²⁰ and examination at the ports， which shall， within their respective functions and according to their respective regulations， conduct supervision²¹ 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 cargo²² for other units or other countries， loading， unloading and tallying²³ of goods， storage and transshipment， inspection and examination， notarization and appraisal²⁴， claims from foreign countries， supply and services， reception and publicity²⁵， etc.） functioning as arbitration²⁶ 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 jointly²⁷ formulated²⁸ and issued by several departments under the State Council should be implemented²⁹ by all the relevant units. Local administrative organs for port affairs have the right to refuse to implement⁴ 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 discrepancies³⁰ among the rules and regulations of different competent departments under the State Council， local administrative organs for port affairs shall promptly³¹ 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 （autonomous³² 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 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 consultation³³. 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 arbitrations³⁴ 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 violation³⁵ 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 detailed³⁶ 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 investigations³⁷ 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