Interpretation of port planning and management regulations, port construction management regulations

Legal analysis: The "Regulations on the Administration of Port Construction" is formulated to strengthen the management of port construction, standardize the market order of port construction, and ensure the quality of port projects.

Legal basis: "Provisions on the Administration of Port Construction" Article 2 These provisions shall apply to port engineering construction activities within the territory of the People's Republic of China. The term "port engineering construction" in these regulations refers to the construction of new wharf projects (including outfitting wharf projects) and supporting facilities, breakwaters, anchorages, revetments and other projects that are carried out in order to realize the port functions within the scope of port planning.

Article 3 The Ministry of Transport is in charge of the industry management of port engineering construction nationwide. The provincial-level competent department of transportation shall be responsible for the supervision and management of the construction of port projects within its administrative area. The local port administrative department shall implement the supervision and management of the port engineering construction within the administrative area in accordance with the provisions of the local people.

Legal analysis: The management regulations are formulated in accordance with relevant laws and administrative regulations to strengthen the management of port construction, standardize the market order of port construction, and ensure the quality of port projects. This provision applies to the construction of new, expanded and reconstructed port construction projects and their supporting facilities within the territory of the People's Republic of China.

Legal basis: "Regulations on the Administration of Port Construction".

Article 3 The Ministry of Communications is responsible for the industry management of port construction in the country, and is specifically responsible for the construction and management of port construction projects approved and approved by the National Development and Reform Commission and approved by the Ministry of Communications.

The provincial-level transportation department is responsible for the industry management of port construction within the administrative area, and is specifically responsible for the construction and management of port construction projects approved and approved by the relevant departments of the provincial people's government.

The construction and management of the remaining port construction projects shall be the responsibility of the port administrative department where the port is located.

The above-mentioned transportation departments at all levels responsible for the construction and management of the port and the port administrative departments where the ports are located are collectively referred to as the port administrative departments.

Article 4 The construction of the port shall conform to the port layout plan and the overall port plan, and implement the relevant construction laws, regulations, rules and technical standards.

Article 5 Port construction projects shall, in accordance with the relevant provisions of the State, implement the project legal person responsibility system, the bidding and bidding system, the project supervision system and the contract management system.

Port planning and port layout are two related but separate concepts.

Port planning refers to the study and comparison of different port development models, to determine the direction of port development and to carry the standard, and to formulate macro planning and strategies for port development. The main contents of port planning include the industrial structure of the port, the layout of functions, the scale and configuration of port facilities and equipment, etc.

The port layout refers to the design of the trouser source inside the port according to the planning plan, and determines the location and layout of the main facilities and areas within the port, including wharves, docks, storage yards, roads, railways, etc. The main purpose of the port layout is to improve the service efficiency and management effectiveness of the port, as well as to lay a solid foundation for the development of the port.

Therefore, it can be said that port planning is a prerequisite for port layout, which determines the overall strategy and goals of port development. The port layout realizes the specific requirements of port planning and provides specific guidance and implementation plans for the construction and development of ports.

Lawyer's analysis: The construction of office facilities of relevant administrative institutions in the port shall be in line with the overall plan of the port, and the construction costs of large-scale office facilities may be apportioned to the port operator in small amounts.

Legal basis]:

Port Law of the People's Republic of China

Article 11 The overall planning of major ports with important geographical location, large throughput and wide impact on economic development shall be approved by the competent department of transportation after soliciting the opinions of relevant departments and relevant military organs, and shall be approved by the people of the relevant provinces, autonomous regions and municipalities directly under the Central Government, and shall be promulgated for implementation. The list of major ports shall be determined and published by the competent department of transportation after soliciting the opinions of the relevant ministries and departments.

The people of provinces, autonomous regions and municipalities directly under the Central Government shall determine the important ports in their regions after soliciting the opinions of the competent departments of transportation. The overall planning of important ports shall be approved by the people of provinces, autonomous regions and municipalities directly under the Central Government after soliciting the opinions of the competent departments of transportation, and shall be promulgated for implementation.

The overall plan of the port other than the provisions of the preceding two paragraphs shall be promulgated and implemented after approval by the people of the city or county where the port is located, and shall be reported to the people of the province, the district and the municipality directly under the Central Government for the record.

Municipal and county people's ** port administrative departments are prepared within the scope of the first and second paragraphs of this article of the overall plan of the port, before submitting for examination and approval, it shall be approved by the people at the same level.

Article 18 Navigation facilities and other auxiliary facilities shall be constructed simultaneously with the port and shall be put into use on schedule.

The construction of the office facilities of the relevant administrative institutions in the port shall be in accordance with the overall plan of the port, and the construction costs shall not be apportioned to the port operator.