The Ministry of Science and Technology, the Ministry of Commerce
Document of the Ministry of Science and Technology and the Ministry of Commerce
GuoKeFaJiZi [2003] No. 179
Departments (commissions, bureaus) of Science and Technology and departments (commissions, bureaus) of Foreign Trade and Economic
Cooperation of all provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately
listed on the State plan, Science and Technology Commission of Xinjiang Construction and Production Corps, departments of Science
and Technology and departments of International Affairs and Cooperation of ministries and departments concerned and institutions
directly under the State Council:
In order to direct provinces, municipalities, autonomous regions and departments concerned to conduct their work to encourage foreign
investment in high-tech industry, to accelerate the pace in introducing advanced technologies from abroad, to strengthen abilities
of internal assimilation and independent innovation, further improve the quality and level of foreign investment, the Ministry of
Science and Technology and the Ministry of Commerce hereby worked cooperatively to formulate the Catalogue of Encouraged Hi-tech
Products for Foreign Investment (hereinafter referred to as Catalogue ). Based on Catalogue of Chinese High-tech Products, taking
into careful consideration high-tech products that should be developed imperatively in terms of technology or that have a big gap
between China and abroad as well as requirements of national security and environmental protection, etc., going through the assessment
of specialists in related fields, the Catalogue was formulated, which comprises 917 items in 11 types. Now the Catalogue is printed
and distributed to you, it is hoped that governments of different levels and various departments concerned, under the guidance of
the Catalogue, actively conduct work in encouraging foreign investment and create favorable conditions for the quickening development
of high-tech industry. Please implement in accordance with the document.
Attachment: Catalogue of Encouraged Hi-tech Products for Foreign Investment (2003)
The Ministry of Science and Technology and the Ministry of Commerce
June 2,2003
Catalogue of Encouraged Hi-tech Products for Foreign Investment (2003)
Compilation Comments
In order to further attract and encourage foreign investment in high-tech industry, to introduce advanced applicable technologies
from abroad and to strengthen abilities of internal assimilation and independent innovation, based on the former Catalogue of Chinese
High-tech Products, Ministry of Science and Technology and Ministry of Commerce worked cooperatively to formulate the Catalogue of
Encouraged Hi-tech Products for Foreign Investment (hereinafter referred to as Catalogue). The Ministry of Science and Technology
and the Ministry of Commerce invited specialists in various technological fields to assess and designate the high-tech products in
the Catalogue. 721 items in the Catalogue of Chinese High-tech Products are selected and 196 items that have a big gap between China
and abroad and that should be developed imperatively in terms of technology and equipment. The high-tech products listed in the Catalogue
are classified into eleven types in accordance with technological domain. They are electronics and information, software, aeronautics
and astronautics, opto-mechatronics, biomedicine and medical equipment, new material, new energy and efficient energy saving, environmental
protection, geospace and ocean, nuclear applied technology and modern agriculture.
Electronics and Information Computer and Computer Peripheral Equipments
1
Supercomputer (ten billion times and above)
2
Top-grade server (which comprises subsystems, such as supervisory control of network, disk, security, etc)
3
Large-scale simulation and emulation system
4
Large-scale industrial controlling machine and controlling unit
5
Computer digital signal processing board
6
High-speed, high-capacity memory system equipment
7
Wide-roll, high-resolution color printing equipment
8
Wide-roll, high-definition color Xerox equipment
9
Digital input liquid crystal display for flat PC
10
DVD reading and recording laser head
11
Printing head of high-resolution color printer (1200dpi and above)
12
Computer hard disk and its pivotal parts (120G and above)
13
Distance, non-tangible IC card and related implements
14
Hand-held GPS receiver
15
Graphics and image identifying and processing system
16
Wireless network interface adapter
17
Mobile PDA for wireless network
18
Hand-held inspection equipment for wireless network terminal
19
Data collection station for wireless network terminal
Microelectronics and Photoelectron device
20
LSIC with line thickness.18 micrometer
21
Power electronic device
23
CCD devices
24
MCT infrared detector
25
CMOS image sensor
26
LED epitaxial wafer
27
High-brightness light-emitting diode (LED)
28
Blue and white luminotron
29
Fourth generation of (92020mm) and above polysilicon TFT-LCD and its support pieces
30
PDD flat display and its pivotal pieces
31
New-type LCOS display
32
Chip semiconductor device
33
Chip multi-layer compound device
34
Chip quartz crystal resonator
35
Chip ceramic and quartz crystal filter
Communication Equipment and Products
36
High-end router
37
IP data communication equipment
38
Thousand Mb/s and above network exchanger
39
Communication equipment for broadband fiber access network
40
Communication equipment for fixed wireless access network
41
Digital trunked Communication equipment
42
10Gb/s and above SDH fiber communication equipment
43
Fiber wavelength-division multiplexer
44
OXC equipment
45
Fiber preformrod
46
3G mobile Communication Base Station
47
3G mobile communication exchange equipment
48
3G mobile phone
49
CDMA mobile Communication Base Station
50
CDMA mobile communication exchange equipment
51
CDMA mobile phone
52
622Mb/s and above SDH digital microwave transmission equipment
53
Microcomb wireless communication equipment
54
Satellite communication and transmission equipment
55
Velocity0Gb/s laser for light communication
56
Light communication metering and check-out equipment
57
GSM, CDMA and IMT-2000 mobile communication check-out equipment
Broadcast and Television Technology and Products
58
Broadcast grade SDTV and HDTV digital CCD phonograph
59
Broadcast grade digital video recorder
60
Broadcast grade digital television monitor
61
Digital video switch
62
Digital audio sound console
63
Multi-track digital audio decoder
64
MPEG code stream recording equipment
65
MPEG code stream editing equipment
66
Digital television program storing system equipment
67
Digital television broadcast MUX
68
TV Standards Converter
69
Digital television source (high definition television) encoder and decoder
70
Digital television converter
71
Equipment of data transaction broadcasting system for digital television
72
Digital television broadcasting transmitter
73
Digital sound broadcasting transmitter
74
Digital television broadcasting SFN equipment
75
CATV QAM modulator
76
CATV optical transmitter and receiver
77
Satellite digital television broadcasting uplink station equipment
78
SMATV head-end equipment
79
MVDS (multi-point video distribution system) equipment
80
Plasma (PDP) flat digital television receiver
81
High definition television big screen liquid crystal projection television
82
DLP (digital light processing) big screen projection television
83
Digital television bit error ratio supervising equipment
84
Digital television test Signal Generator
Production equipment and test instrument for specialized techniques
85
Automatic precise chip mounter
86
Automatic-manual printed circuit precise printer
87
Hot wind loading welder
88
Multistep repetitive ray recorder
89
Plasma sediment and erosion equipment
90
Ion injector
91
Epitaxial growth equipment of compound semiconductor
92
High-speed online checkout equipment
93
Large-scale digital integrated circuit function test set
94
Specialized integrated system SOC scale test technology equipment
95
Multi-chip assembling module test technology equipment
96
Digital oscillometer (1000MHz and above)
97
Spectrometer
98
Logic analyzer
Software System Software
1
Operating system software
2
Network and communication protocol processing software
3
High level language compiler
4
Device driver
5
Embedded operating system
6
Embedded browser
7
embedded graphical user interface
Support Software
8
Internet/Intranet network administration software
9
Software development and testing platform
10
Computer-aided tool software
11
Middleware (non-confidential involved)
12
Database management system
Application Software
13
E-commerce software
14
Multimedia design software
15
Simulation and emulation software
16
ERP application software
17
Intelligent software
18
Information and network security software (non-confidential involved)
19
three-dimension computer-aided design software
20
Integrated circuit design computer-aided application software
21
Online storage and offline backup software
Aeronautics and Astronautics Aircraft and Support Products
1
Commercial transporter (including aerobus and airfreighter)
2
Training plane
3
general-purpose airplane
4
Parts and components for commercial planes
5
Commercial helicopter
6
Parts and components for helicopters
7
Wing in ground effect craft
8
Commercial aircraft turbine fan engine
9
Commercial aircraft gas turbine engine
10
Turbine propeller engine
11
Turbine shaft engine
12
Fan engine
13
New-type piston engine
14
Aeronautic auxiliary propulsion system
15
Parts and components for aeroengine
16
Airborne equipment for commercial plane
Ground Service Equipment
17
Facilities for civil airports
18
Protective equipment for civil airports
19
Ground test equipment
20
Ground equipment for aviation experiment
21
Aeronautic test and measurement equipment
22
Specialized equipment for aeronautic manufacture
23
Specialized equipment for trial manufacture of aeronautic material
24
Aviation simulation and training equipment
25
Comprehensive test devices for airborne equipment
Commercial Carrier Rocket
26
Structural components for the body of carrier rocket
27
Ground test equipment for carrier rocket
28
Mechanic and environmental test equipment for carrier rocket
29
transport equipment for carrier rocket
30
Equipment for space museum
Commercial spacecraft and ground facilities
31
Electronic equipment for spacecraft
32
Optical mechanical and Electronic products for spacecraft
33
Structural and institutional product for spacecraft
34
Temperature control product for spacecraft
35
Test equipment for satellite-related product
36
Ground reception and application equipment
Opto-mechatronics Automated Machinery and Equipment
1
Convertible five-sided processing center
2
Longmen processing center
3
Numerical controlled superfine lathe
4
Numerical controlled milling center
5
Numerical controlled precise spalling center
6
Highly efficient, high precision numerical controlled flat sharpener (precision accuracy<0.5
7
Numerical controlled high precision sharpener for internal and external circles (precision accuracy<0.5
8
Numerical controlled cutter sharpener (principal coordinate interlocked)
9
Numerical controlled low-speed cross-threading, electric-spark line cutting machine
10
Numerical controlled tooth wimbling, milling machine
11
Numerical controlled precise hobber
12
Numerical controlled tooth-milling machine with worm and abrasive wheel and numerical controlled shaping machine with abrasive wheel
13
FTL flexible cone production line
14
Numerical controlled mechanical press
15
Punching-shear compound processing machine
16
Plate multi-point shaping machine press without modules
17
Industrial robot and intelligent robot
18
Laser cutting and welding suite
19
Precise laser processing and erosion suite
20
Vacuo ion-ailming equipment
21
High-speed super-hard precise cutter system
22
Numerical controlled servo system
23
Tricoordinate gauging machine
24
Intelligent cooling device for processing equipment
25
High-speed, multi-spindle processing center (main spindle speed>12000r/min, rapid speed>50m/min)
26
Numerical controlled precise tooth-milling machine with coiling umbrella and tooth gear
27
Numerical controlled multi-rod precise leveling machine
28
Numerical controlled coordinate-measuring milling center
29
Bottomup numerical controlled lathe and spalling center
30
Straightline and flat dynamo and its driving system
31
Numerical controlled coordinate-measuring grinding machine
32
Automated three-dimensional stockhouse
33
Rare earth permanent-magnet dynamo
34
Direct current pressure-modulating chopping draught gear
35
Alternating current frequency-and-pressure-modulating draught gear
36
Quarto four-color rotary offset machine and self-control system
37
Sterilizing equipment and automatisation
38
Computer jacquard weaving artificial fur machine
39
Superfine desintegrator (submicro grade)
40
Large-scale sterilized baling press
41
Weaving pill and corner loom
42
Superfine filter equipment (submicro grade)
43
Ceramic filter machine (submicro grade)
44
High-precision strip mill (10)
Key Basic Parts of Electromechanics
45
hydraumatic plunger pump and motor with high voltage>40MPa
46
High-voltage monoblock-type multiport valve
47
Low-power pneumatic valve, control valve for island use
48
High-frequency electric controlled air valve
49
Intelligent air cylinder
50
High-performance rubber obturator
51
High-temperature, high-voltage mechanical sealing
52
Non-tangible gas film sealing
53
Bearing for high speed passenger train car(1000 km/h and above)
54
Low noise bearing (vibration value 55
Covering piece die assembly for automobile
56
Intelligent plastic-shell circuit breaker (Voltage 380V, 660V, current 1000A)
57
Intelligent chest or drawer circuit breaker for large-scale project
58
Anti-skid brake system (ABS)
59
Electron controlled automatic transmission case
60
Electric steering gear with booster
61
On-vehicle diagnostic equipment
62
Electric device for gasoline engine
63
Electric device for diesel motor
64
Transfer device for automobile alternative fuel
65
Advanced electronic sensor for automobile
66
Turbocharger for engine
67
Exhaust gas recirculation equipment for engine
68
Efficient automobile tail gas purge switch (reach Europe III Standard)
69
Fueling battery for automobile
70
High-pressure oil supply system for diesel motor (600Bar)
71
Vehicle dynamic control system(VDC)
72
Active suspension system
73
Automobile collision avoidance system
74
Automobile electric antijoyride device
75
Intelligent control system for the internal environment of automobile
76
Multi-energy management system for automobile motive power
77
Air suspension system
78
Electronic Braking Device (EBD)
Instrumentation and System
79
On site bus control system
80
Dynamo and control system for electric automobile
81
Electricity dispatch and management automatic system
82
Automatic system for transportation and management
83
GPS position fix, inspection, alarming dispatch system
84
Comprehensive management system for security check-out in the coalmine
85
Automatic inspection and control system for hydraulic power plant
86
Non-work automatic compensation device
87
Automatic device for power generating facilities with new energy
88
Automatic cruise control system (automobile auxiliary driving system)
89
Electronic charging management system (non-stop electronic payment system)
90
Two pass flowmeter
91
Solid flowmeter
92
On-site bus intelligent instrument
93
Liquid phase chromatograph
94
Mass spectrograph
95
X-ray diffractometer
96
X-ray fluorescence spectrograph
97
Industrial chromatograph
98
Industrial mass spectrograph
99
Near infrared spectrograph
100
Optical Emission Spectrometer
101
Laser scanning microscope
102
Scanning tunneling microscope
103
Transmission microscope
104
Scanning electron microscope
105
Laser comparator
106
Optical maser (power>2KW)
107
Total station meter
108
High-definition numeric voltmeter (with measuring range of seven bit and a half and above)
109
High-definition numeric ampere meter (with measuring range of seven bit and a half and above)
110
Industrial X-ray defectoscope (800KV and above)
111
Performance test device specialized for automobile components
112
Automatic film plating machine with electron gun
113
Overspeed ultra centrifuge (100000r/min and above)
114
VXI bus automatic test system (in accordance with IEEE1155 international standards)
115
humidity, air and ion sensitive sensor
116
Fiber sensor
117
photoelectric sensor
118
Single lens reflex with high performance
119
Digital camera(with definition of 2 million pels and above)
120
Digital multifunctional duplicating machine
121
Automatic zooming camera
122
Digital multimedia projector
123
Nuclear magnetic resonance spectrometer
Biomedicine and Medical Equipment
Biomedicine
1
TNF receptor medicine
2
Growthfactor of neurocyte
3
Anti-body tumor antigen monoclonal antibody
4
Anti-body virus antigen monoclonal antibody
5
Recombinant Streptokinase
6
Monoclonal antibody-oriented medicine
7
P53 anti-cancer agent for recombinant adenovirus
8
Hepatitis detection kit
9
Pathogen diagnosis kit
10
Tumor diagnosis kit
11
Human immunodeficiency virus(HIV) diagnosis kit(including detection kit of standard enzyme and standard golden as well as gene chip,
etc.)
12
Extract of traditional Chinese medicine
Chemical medicine
13
Moracizine Hydrochloride
14
Ozagrel
15
Esmolol hydrochloride
16
Celiprolol Hydrochloride Tablets
17
Levamlodipine Besylate Tablet
18
Provastatin
19
Simvastatin
20
Lisinopril Capsules
21
Ticlopidine
22
Doxazosin
23
losartan
24
Macrogol 4000
25
Tegaserod
26
Docusate
27
Mifeprex
28
Norethisterone Enanthate
29
Piperaquine Phosphate
30
Sirolimus
31
Etimicin Sulfate
32
Cefaclor
33
Maxipime
34
Cefpirome
35
Meropenem
36
Linezolid/Zyvox
37
Flutamide
38
Memantine
39
Lamivudine
40
Production of paclitaxel by biotechnology
41
Exemestane
42
Gallium Nitrate
43
Capecitabine
44
Melphalan
45
Voriconazole
46
Phencynonate Hydrochloride
47
Machloramine
48
Paroxetine Hydrochloride
49
Pramipexole hydrochloride
50
Fluticasone
51
Salmeterol
52
Ibudilast
53
Articaine
54
Gabexate Mesilate
55
Poloxomer
56
polymethacrylamine I, II
57
Polyacrylic Acid
58
Carbomer
59
Compound sodium phosphate tablets
60
Zidovudine, Stavudine
Food Biotechnology and Products
61
Alkaline cellulase
62
Xylanase
63
Alkali tolerant protease
64
New type of L-amino acid
65
New type of D-amino acid
66
Glutathion
67
Chiral compound resolution or isomerase
68
L-amino acid
69
D-amino acid
70
Fungus amylose
71
High purity Metallo thionein (MT)
72
Fermentation glycerol
New-type medical equipment
73
Entrapping treatment equipment with boron neutron
74
Proton treatment equipment
75
Ultrasonic transducer for medical use
76
Digital diasonograph
77
Notebook digital color diasonograph
78
Cardiac pacemaker (including intracorporal one)
79
Electric craniotome
80
Cardiac telemetric monitor
81
Endoscope for medical use
82
Eyeground camera
83
Digital X-ray unit
84
X-ray tube (including tungsten target, molybdenum target and X-CT ray tube)
85
Specialized X-ray unit
86
X-ray image intensifier
87
Positive electron tomography (PET) device
88
single photon emitter tomography (SPECT) device
89
X-ray three-dimensional directional radiation treatment system (X-ray)
90
ray three-dimensional directional radiation treatment system (ray)
91
Sensor for medical use
92
Standard enzyme immunity analyzer
93
Blood analyzer
94
Biochemical analyzer
95
Mechanical heart valve and invitro test device
96
Blood dialyzer (mechanical kidney)
97
Aqueduct for medical use
98
Blood vessel embolus agent and plunger material
99
Hemanalysis blood transfusion device
100
Device for reimportation of blood from his own body
New Material
Metal Material
1
High damping material
2
Full-length quenching heavy rail (rail of 60, 75 kg)
3
Anti-crush oil pipe for superdeep well
4
Pipeline steel of X70 and above
5
Purified, high carbon chromium bearing steel and carburization bearing steel
6
High-quality deep-drawing steel plate for automobile
7
Expansion joint of metal bellows
8
Metal hose of high-flexibility stainless steel
9
Iron based or ironnickel based amorphous, minicrystal alloy
10
Cobalt based or cobaltnickel based amorphous, minicrystal alloy
11
Hitemperature alloy powder
12
High-performance prestress steel wire
13
High-intensity and low-relaxation prestress steel strand
14
New type structural stainless strand
15
Erosion resistant modification material for the surface of turbine blade
16
High-performance agglomeration rare earth material with permanent magnetism
17
High-performance welding rare earth material with permanent magnetism
18
Highly-insulated rare earth material with permanent magnetism
19
High-performance ferrite material
20
Rare earth permanent magnet processed by anti-shielding technology
21
welding wire and thread of drug core
22
Hydrogen-stored rare earth material for dynamic battery
23
Lithium ion electrode material
24
Niobium powder and thread for capacitor
25
Polysilicon
26
Silicon monocrystal and polished chip with diameter of 150mm and 200mm
27
Zone-melting silicon monocrystal
28
Compound semiconductor material (gallium arsenide, gallium phosphide, gallium nitride)
29
Polysilicon, amorphous silicon for solar battery and battery components
30
Hitemperature superconducting material
31
Memory alloy material (titaniumnickel, copper-based and ferrum ?Cbased memory alloy material)
32
Superfine (nanometer) calcium carbide and superfine (nanometer) crystal hard alloy (including high-precision hard alloy and high-precision
hard cutter)
33
Superhard composite material
34
precious metal composite material
35
New material of rare earth and application ware
36
Compound aluminum foil for radiator
37
Medium and high voltage aluminum foil of cathode capacitance
38
Large-scale aluminum alloy bar section of special type
39
Prestretching thick plate of aluminum alloy and enveloped plate of aluminum alloy
40
Precise die forging of aluminum alloy
41
High-intensify aluminum alloy material
42
PS aluminum alloy plate
43
Aluminum plate for beverage can
44
Electrified rail overhead wire
45
Superthin copper strip
46
Erosion and heat resistant copper alloy tube for exchanger
47
High-performance coppernickel and copper ferroalloy strip
48
Berrillium copper strip, wire, tube bars
49
Rare earth luminescent material (plasma panel display fluoresent material, white LED rare earth fluoresent material)
50
High temperature and senescence resistant tungsten filament
51
Magnesium alloy cast
52
Solder without plumbum
53
Processed material of magnesium alloy plate, tube and bar
54
Magnesium alloy and magnesium alloy weld assembly processed by surface modification technology
55
Foamed aluminum
56
Titanium alloy bar and titanium welding tube
57
Big-mangneto stretching material of rare earth ferroalloy and application products
Inorganic Nonmetal material
58
Superfine powder of silicium carbide(SIC) (purity>99%, average power diameter: 0.5~5)
59
Superfine power of silicon nitride(SI3N4) (purity>99%, average power diameter: 0.5~5)
60
Superfine r-AL2O3 miropowder(average power diameter<0.5)
61
Zirconium oxide ceramic powder
62
Highly-purified aluminium nitride powder(Aln) (powder diameter: 0.5-2)
63
Antiseptic scavenger
64
Titanium dioxide (powder diameter 50~100nm, purity8.5% )
65
Silica pigment (powder diameter 10~100nm)
66
Barium titanate (purity 99% , powder diameter<1)
67
High concentration hydrogen peroxide(content 95~98%)
68
Specialized sodium phosphate
69
Ceramic wafer
70
Inorganic splitting membrane and functional diaphragm
71
Piezoelectric ceramic parts
72
High-performance ceramic cutter material
73
Multifunctional light composite board
74
Fiber gypsum board
75
High-quality synthetic quartz crystal
76
High-performance synthetic mica and products
77
Thermotropic thermal resistor (PTC)
78
Silicon carbide ceramic
79
Silicon nitride ceramic
80
Ceramic with microwave as medium
81
BN-TiB2 current conducting compound ceramic
82
ZrO2 ceramic
83
Hitemperature resistant workable ceramic
84
Diamond membrane tool
85
Diamond drawing die
86
Artificial diamond of saw blade level
87
Cubic boron nitride crystal
88
Ceramic material and product of comb extrusion
89
Porous ceramics and product
90
High-efficiency compound thermal insulation material for external wall
91
Lightweight aggregate concrete building block (not load bearing type)
92
Multidimensional, multi-directional integrated weaving fabric and modeling fabric
93
High-intensity fiberglass and high-elasticity modulus fiberglass
94
Quartz fiberglass and product
95
Aluminum coated fiberglass
96
Grey yarn felt of consecutive fiberglass and superficial felt of fiberglass
97
Direct twistless slubbing of high-density fiberglass
98
Fiberglass cloth and thin felt for microelectronics
99
Electromagnet wave screening glass
100
High-intensity anti-bulletin glass
101
Microcrystal glass baseplate for disk
102
Glass baseplate for microelectronics
103
Infrared penetrating glass
104
Fused sealing glass for electron device
105
Quartz glass for laser
106
Large-scale quartz glass diffusion tube, crucible and bell of electronic level
107
High-performance optical quartz glass
108
Optical fiber plate, image inverter and fiber light cone
109
micro-channel plate of super second generation and third generation
110
Image inverting beam
111
Laser medical fiber and laser transmitting quartz fiber
112
Fiber preformrod, fiber and fiber cable
Organic Macromolecule Material and Products
113
High anti-weathering decorative anticorrosion paint
114
Metal lighting vanish and coating varnish of CA series
115
WBC aqueous metal lighting vanish for automobile
116
cathode electrophoretic vanish with thick film of HED series
117
Paint for ship
118
Paint for aircraft
119
Rare earth cerium sulphide red dye
120
Flexible resinous plate
121
Laser image output film
122
Color ink jet printing material
123
Photoresist
124
Electronic enveloping resin
125
Ray-recording pulp for plasma color display
126
High-performance printing ink(Fineness0, acidproof, alkaliproof)
127
Superpure gas with electronic grade
128
Carbinol synthetic catalyst under low pressure
129
Conversion catalyst low water carbonizing methane
130
Catalyst of low water carbonizing CO under high temperature
131
Catalyst for catalysis and crack of heavy oil
132
FCC catalyst and accessory ingredient against the contamination of heavy metal
133
Special molecular sieve
134
Three-effect catalyst for purification of automobile tail gas
135
Special type catalyst for dearsenication of oil product
136
Aramid fiber
137
Carbon fibre
138
High-performance superfine fiber
139
High-die, low-shrinking industrial terylene filament
140
Elastic fiber
141
Electrolytic capacitor paper
142
High-performance base paper for copper-coated foil board
143
High-precision fuel filter
144
Color spray painting paper
145
Temperature-resistant sheathing paper
146
Hidronickel and Lithium batt
Order of the President of the People’s Republic of China
No.5
The Port Law of the People’s Republic of China, adopted at the 3rd Meeting of the Standing Committee of the 10th National People’s
Congress of the PRC on June 28, 2003, is hereby promulgated for implementation as of January 1, 2004.
Hu Jintao, President of the People’s Republic of China
June 28, 2003
Port Law of the People’s Republic of China
Adopted at the 3rd Meeting of the Standing Committee of the 10th National People’s Congress of the PRC on June 28, 2003
Contents
Chapter I General Provisions
Chapter II Port Planning and Construction
Chapter III Port Operations
Chapter IV Port Security and Supervisory Management
Chapter V Legal Responsibilities
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
This Law has been formulated for the purposes of strengthening port administration, maintaining port security and operation orders,
protecting the legitimate rights and interests of the parties concerned and promoting port construction and development.
Article 2
This Law is applicable to the undertakings of port planning, construction, maintenance, operation, management and the relevant activities.
Article 3
Ports herein refer to the areas of water and land within certain range with corresponding dock facilities of functions for entry
and exit of ships, anchorage, moorage, off and on of passengers, handling of commodities, lighterage, as well as storage.
Ports may consist of one or more port areas.
Article 4
The State Council and the relevant local people’s government of and above county level shall in the plan on national economy and
social development embody the requirements for port development and planning and protect and make rational use of the port resources
by force of law.
Article 5
The state encourages the economic organizations and individuals at home and abroad to make investment on construction and operation
of ports and protect the legitimate rights and interests of investors by force of law.
Article 6
The competent traffic authority of the State Council is in charge of the national administration of port works.
The administration of ports by local people’s government within its administrative division shall be determined according to the provisions
on the port administrative system of the State Council.
For the ports under the administration by the local people’s government of the city and county level as per the port administrative
system determined herein, the local people’s government concerned shall designate a department for actual implementation of the administrative
management of the ports concerned; and for the ports under the administration by the people’s government of the province, autonomous
region and municipality directly under the Central Government, the people’s government of the province, autonomous region and municipality
directly under the Central Government shall designate a department for actual implementation of the administrative management of
the ports concerned.
The departments determined herein for actual implementation of the administrative management of the ports are hereinafter referred
to as the administrative management of the ports.
Chapter II Port Planning and Construction
Article 7
Ports planning should be prepared and compiled according to the requirements for national economy and social development and the
demands for defense construction, which shall in the principle of rational utilization of the coastal resources conform to the planning
of urban and township system and dovetail and be in harmony with the overall land use planning, overall urban planning, river reach
planning, flood prevention planning, functional division of seas, development planning of waterway transportation, development planning
of other means, as well as other relevant planning specified by laws and administrative laws and regulations.
The preparation and compilation of ports planning shall witness expert demonstration and evaluation of environmental influences by
force of law.
Article 8
The ports planning shall consist of port layout planning and overall port planning.
The port layout planning refers to the layout and distribution planning of ports, including national port layout planning and port
layout planning of the province, autonomous region and municipality directly under the Central Government.
The overall port planning refers to the specific planning of a port in certain period, including the water and land scopes of the
port, division of the port area, throughput and categories of potential ships, nature and functions of the port, utilization of the
water and land areas, port facilities, use of the coastal lines built, configuration of construction land, and sequences for phased
construction, etc.
The overall port planning shall conform to the port layout planning.
Article 9
The national port layout planning should be prepared by the competent traffic authority of the State Council upon solicitation of
the opinions of the relevant departments of the State Council and the relevant military organs, which should be ratified by the State
Council before promulgation and implementation.
The port layout planning of the province, autonomous region and municipality directly under the Central Government shall be prepared
and compiled under the organization of the people’s government of the province, autonomous region and municipality directly under
the Central Government, which should be submitted for solicitation of opinions form the competent traffic authority of the State
Council according to the national port payout planning. In case no opinions have been aired for modification by the competent traffic
authority of the State Council within thirty days upon its receipt of the solicitation of opinions, such port layout planning may
be promulgated for implementation by the people’s government of the province, autonomous region and municipality directly under the
Central Government; in case the competent traffic authority of the State Council is of the opinion that the port layout planning
is not in compliance with the national port layout planning, the opinions on modifications should be provided for within thirty days
upon receipt of the solicitation of opinions; and in case the people’s government of the province, autonomous region and municipality
directly under the Central Government is in disputer with the modification opinions, a petitions may be submitted for decision by
the State Council.
Article 10
The overall port planning should be prepared and compiled by the port administrative department upon solicitation of opinions from
the relevant departments and the relevant military organs.
Article 11
The overall planning of the principal ports of important geographical positions, large throughput and wide influence on economic
development should be promulgated for implementation with joint approval by the people’s government of the province, autonomous region
and municipality directly under the Central Government upon solicitation by the competent traffic authority of the State Council
of opinions from the relevant department of the State Council and the relevant military organs. The directory of the principal ports
should be determined and promulgated upon solicitation by the competent traffic authority of the State Council of opinions from the
relevant department of the State Council.
The people’s government of the province, autonomous region and municipality directly under the Central Government shall determine
the important ports within the administrative division under its jurisdiction upon solicitation of opinions from the competent authority
of the State Council. Before promulgation and implementation, the overall planning of important ports should be ratified by the people’s
government of the province, autonomous region and municipality directly under the Central Government upon solicitation of opinions
from the competent traffic authority of the State Council.
The overall planning of the ports other than those specified by the above-mentioned two paragraphs should be approved by the local
people’s government of city and county level before promulgation and implementation, which should also be submitted for filing by
the people’s government of the province, autonomous region and municipality directly under the Central Government.
The overall port planning prepared and compiled by the port administrative departments of the people’s government of city and county
level within the scope specified by the first and second paragraphs of this article should be reviewed and ratified by the people’s
government of the proper level before submission for ratification and approval.
Article 12
The modification of the port planning should be handled with in compliance with the statutory procedures for port planning.
Article 13
The construction of port facilities in the overall planned areas of ports and use of the deep-water lines of ports should be approved
by the competent traffic authority of the State Council jointly with the comprehensive and macro-control and adjustment department
of economy of the State Council, and the construction of port facilities and use of the deep-water lines of ports should be approved
by the port administrative departments, provided that the use of port coastal lines by the projects to be constructed with approval
by the State Council or the comprehensive and macro-control and adjustment department of economy of the State Council does not require
for separately handling of the procedures relating to approval for use of the port coastal lines.
The competent traffic authority of the State Council should formulate the standards for the deep coastal lines of ports.
Article 14
The port construction shall be in compliance with the port planning and no port facilities should be constructed in violation of
the port planning.
Article 15
The port construction projects requiring for approval by the relevant organ according to the state provisions, shall go through the
examination and approval procedures in compliance with the relevant state provisions, which shall conform to the relevant state standards
and technological norms.
The construction of the port engineering project shall go through the evaluation of environmental impacts by force of law.
The security facilities and environmental protection facilities for port construction projects must by designed, implemented and put
into use synchronously with the mainstay engineering.
Article 16
The use of land and water areas for port construction shall be handled with in compliance with the provisions of the laws and administrative
regulations concerning the land administration, administration for use of seas, watercourse administration, navigation administration,
and the protection administration of military facilities, as well as other relevant laws and administrative regulations.
Article 17
The places of the ports where dangerous cargos are processed and where sanitary and insecticide treatment are made shall meet the
requirements of the overall port planning and the relevant state security production, firefighting, inspection, quarantine and environmental
protection, and their distance from densely populated areas and passenger facilities of the ports shall conform to the provisions
of the relevant departments of the State Council. The construction may be started only upon handling of the relevant formalities
by force of law and approval by the port administrative department.
Article 18
Navigation mark facilities and other accessory facilities shall be constructed synchronously with the ports, thus ensuring scheduled
start of use.
The construction of the office facilities of the relevant administrative administration of the ports shall conform to the overall
port planning, the construction fees of which should not be distributed to the port operators.
Article 19
The construction projects of port facilities can only be put into use after qualified acceptance examination upon their completion
in compliance with the relevant state provisions.
The ownership of the port facilities shall be determined according to the provisions of the relevant law.
Article 20
The relevant people’s government above county level shall ensure necessary capital input, which should be used for construction and
maintenance of the infrastructures of the navigation path, wave-prevention slope and anchoring sites for public use of the ports.
The detailed measures thereof should be provided for by the State Council.
Article 21
The relevant people’s government above county level shall take measures for organizing and constructing complementary facilities
of the ports, such as navigation path, railway, highway, water supply and drainage, power supply and communication.
Chapter III Port Operations
Article 22
The undertakings of port operation shall be available for the port operating licenses obtained from the port administrative department
with written application with registration made at the administration for industry and commerce. by force of law.
The port administrative department shall abide by the principles of openness, fair and equality in implementing the port operation
licenses.
Port operations include the operations of docks and other port facilities, operations of passenger services of the ports, operations
of handling, lighterage and warehousing within the port area and the operations of tugboats of the ports.
Article 23
The obtaining of the port operation licensing shall be available with fixed operation sites, corresponding facilities, equipment,
professional technicians and management personnel relating to the operation businesses, together with other conditions specified
by laws and regulations.
Article 24
The port administrative department shall within thirty days upon receipt of the written application as specified by the first paragraph
of Article 22 herein make decision on whether or not granting the license by force of law. In case the license is granted, the certificate
for license of port operation will be issued, otherwise, reasons thereof should be notified to the applicant in writing.
Article 25
Operations of port trimming services shall be eligible for licenses obtained according to the provisions. The implementation of the
operation licenses for port trimming services shall abide by the principles of openness, fairness and equality, the detailed measures
for which should be provided for by the competent traffic authority of the State Council.
The operators of port trimming services shall fairly and accurately handle with the trimming services, being prohibited from concurrent
operations of the cargo handling services and warehousing services specified in the third paragraph of Article 22 herein.
Article 26
in undertakings of operations, the port operators shall abide by the relevant laws and regulations, the provisions of the port operation
rules of the competent traffic authority of the State Council and perform the contractual duties by force of law, thus providing
customers with fair and excellent services.
The operators undertaking the port passenger services shall adopt effective measures for the security passengers, provide passengers
with quick, convenient and flexible services, and maintain good climate for waiting of the scheduled travel.
The port operators shall adopt effective measures for prevention and treatment of the pollution and harms to the environment according
to the relevant laws and regulations on environmental protection.
Article 27
The port operators shall take priority in arranging the rescue materials, calamity relief materials and materials urgently required
by national defense construction.
Article 28
The port operators shall at the business sites publish the charging items and charging criteria of the operation services, which
should not be implemented without publication.
In case the operation charges of ports adopt the prices directed or determined by the government by force of law, the port operators
shall execute in compliance with the provisions.
Article 29
The state encourages and protects the fair competition in port operation activities.
The port operators shall not implement monopoly acts or unfair acts, or force others to provide port services by any means.
Article 30
According to the provisions of the Statistic Law of the PRC and the relevant administrative laws and regulations, the port administrative
department requires for the port operators to provide the statistic data, which should be provided truthfully by the port operators.
The port administrative department shall according to the relevant state provisions submit the statistic data submitted by the port
operators and keep confidential the commercial secrets of the port operators.
Article 31
The legitimate rights and interest of the port operators is protected by law and no unit or individual shall distribute charges to
or illegally collect charges from the port operators or illegally interfere with the operation autonomy of the port operators.
Chapter IV Port Security and Supervisory Management
Article 32
According to the provisions of the Security Production Law of the People’s Republic of China, other relevant laws and regulations
and the security operation rules on ports of the competent traffic authority of the State Council, the port operators shall strengthen
the administration of security production, establish and perfect rules and systems relating to the security production responsibility
system, perfect the security production conditions, adopt the effective measures for safeguard of the security production and ensure
the security production.
The port operators shall by force of law formulate the preplan on incident emergency of the dangerous cargos of the this port, the
urgent passenger scattering and rescue preplan in case of material production security incidents and preplan on prevention of natural
disasters, thus safeguarding the organization and implementation thereof.
Article 33
The port administrative department shall by force of law formulate the preplan on incident emergency of the dangerous cargos of the
this port potentially to the detriment of social public interests, the urgent passenger scattering and rescue preplan in case of
material production security incidents and preplan on prevention of natural disasters, and establish and perfect the urgent rescue
system in case of material production security incidents on the ports.
Article 34
Entry and exit of ships of the ports shall be reported to the marine administrative authority according to the laws and administrative
laws and regulations of water traffic, upon receipt of which the marine administrative authority shall give timely notice to the
port administrative department.
Port entry and exit of ships with dangerous cargos shall according to the provisions of the competent traffic authority of the State
Council be accompanied with report of the names, features, package and time of entry and exit of the port of the dangerous cargos
to the marine administrative authority, upon receipt of which the marine administrative authority shall within the time specified
by the competent traffic authority of the State Council determine whether or not consent is granted, together with notice to the
reporter and submission to the port administrative department, provided that fixed ships and ships of fixed navigation lines and
fixed cargo varieties may be reported regularly.
Article 35
In case of handling of dangerous cargos and their transfer among ships in the port, the names, features, package and time and place
for such operations of the dangerous cargos should according to the provisions of the competent traffic authority of the State Council
be reported to the marine administrative authority, upon receipt of which the marine administrative authority shall within the time
specified by the competent traffic authority of the State Council determine whether or not consent is granted, together with notice
to the reporter and submission to the port administrative department.
Article 36
The port administrative department implement supervisions and inspection on the security production of the ports and focus on patrol
inspection on the docks of concentrated passenger flow and big volume of cargos or of special use, and in case of any hidden risks
found during the inspection, the inspected should be ordered to eliminate such risk immediately or within time limits.
The department in charge of security production and the relevant departments shall according to the provision of laws and regulations
implement supervisions and inspection on the security production of the ports within their authority.
Article 37
Cultivation and plantation activities are prohibited in the ports.
No digging or explosion activities should be conducted in the ports that may harm the port security, which, if required for engineering
construction, should be adopted with the corresponding security and protection measures with approval from the port administrative
department, and if required for approval by the marine administrative authority according to the laws and administrative laws and
regulations of water traffic, submission should be made for such approval by the marine administrative authority.
No soil, sand or stones should be poured in the port water and poisonous and harmful substance exceeding specific standards should
not be discharged in violation of the relevant laws and regulations on environmental protection.
Article 38
In case of project construction of bridges, underwater tunnels and water power stations that may be of influence on the changes of
the port hydrological conditions, the department in charge of approval of such project shall solicit the opinions of the port administrative
department prior to examination and approval.
Article 39
According to the laws and administrative laws and regulations of water trafficships needing navigation pilot for entry and exit
of the ports shall apply for pilot with the piloting agency, the detailed measures for piloting should be specified by the competent
traffic authority of the State Council.
Article 40
In case of congestion of the ports due to stay of passengers and accumulation of cargos, the port administrative department shall
timely adopt effective measures for alleviation of the port load and the local people’s government of city and county level may,
if necessary, directly adopt the measures for port alleviation.
Article 41
The port administrative department shall organize for formulation of the articles of association of the ports under its administration,
which should be published.
The articles of association of the ports shall include the description of the geological location of the ports, the navigation path
conditions, depth of the port pool, machinery facilities and handling capacity, as well as the specific measures for the ports to
implement the laws and regulations on port administration and the relevant provisions of the competent traffic authority of the State
Council.
Article 42
The port administrative department shall supervise and inspect the implementation of this Law.
When implementing supervision and inspection by force of law, the inspectors of the port administrative department shall be enpost_titled
to understand the relevant circumstances from the inspected units and the relevant persons and read and copy the relevant materials.
The inspectors shall keep confidential the commercial secrets accessed during inspection.
The inspectors shall present the enforcement certificates while implementing inspection and supervision.
Article 43
The inspectors shall record in writing the inspection time, place, content, problems found and treatment, which should be singed
by the inspectors and the responsible person of the inspected unit, and in case the responsible person of the inspected unit refuses
to sign on the records, the inspectors shall keep filing and report to the port administrative department.
Article 44
The inspected units and the relevant persons shall accept the inspection and supervision implemented by the port administrative department
by force of law, such as truthfully providing the relevant circumstances and materials, not refusing to the inspection, not concealing
and fraudulently reporting the relevant circumstances and materials.
Chapter V Legal Responsibilities
Article 45
In any of the following cases, the people’s government above county level or the port administrative department shall order for correction
in time limit and in case no correction has been made, the authority making such order may apply with the people’s court for dismantling
the facilities constructed in breach of law, and/or together with fins no more than RMB50,000.00:
(1)
Construction of ports, dock or other port facilities in violation of ports planning;
(2)
Construction of port facilities and use of port coastal lines without approval.
In case the examination and approval department of the construction project approve the projects constructed in violation of the port
planning, the direct responsible executive and other direct responsible person should be accorded with administrative punishment.
Article 46
In case of construction of operation sites for dangerous cargos in the port, special sites for sanitary and insecticide treatment
without approval by force of law, or the distance from the operation sites for dangerous cargos in the port and special sites for
sanitary and insecticide treatment to densely populated areas or passenger facilities of the ports is not in compliance with the
provision of the relevant department of the State Council, the port administrative department may order for stopping the construction
or the use concerned and for correction in time limit, and/or together with fines no more than RMB50,000.00.
Article 47
Use of docks, or port handling facilities, passenger facilities without qualified examination and approval, the port administrative
department may order for stopping use of such facilities concerned and for correction in time limit, and/or together with fines no
more than RMB50,000.00.
Article 48
In case of any of the following acts, the port administrative department may order for stopping the illegal operations and confiscation
of the illegal incomes. In case the illegal incomes exceed RMB100,000.000, fines of two to five times the illegal incomes may be
imposed concurrently; and in case the illegal incomes is no more than RMB100,000.000, fines no less than RMB50,000.00 but no more
than RMB100,000.00 may be imposed:
(1)
Undertaking of port operations without obtaining the port operation license by force of law;
(2)
Undertaking of port trimming services without license by force of law; and
(3)
The port trimming operators are concurrently involved in undertakings of cargo handling and warehousing services.
In case of act specified in the above-mentioned paragraph (3) with serious circumstances, the relevant competent authority may revoke
the license for port trimming services.
Article 49
In case the port operators does not take priority in arranging the works relating to rescue materials, calamity relief materials
and materials urgently required by national defense construction, the port administrative department shall prosecute for correction,
and in case of serious results, the port business license may be repealed.
Article 50
In case the port operators implement monopoly acts or unfair acts in business activities in violation of the relevant laws and administrative
laws and regulations, legal responsibilities should be undertaken in compliance with the provisions of the relevant laws and administrative
laws and regulations.
Article 51
The port operators in breach of the provision on security production of Article 32 of this Law, the port administrative department
or other department in charge of supervision and administration of security production by force of law may accord corresponding punishment;
in serious case, the port administrative department may revoke the port operation license and accord punishment with the principal
responsible persons; and in case of crimes constituted, penal punishment may be prosecuted by force of law.
Article 52
In case of entry and exit of ships of the port without reporting to the marine administrative authority in compliance with the provisions
of Article 34 of this Law, the marine administrative authority shall accord with the punishments according to the laws and administrative
laws and regulations of water traffic.
Article 53
In case of undertaking of handling and transferring among ships dangerous cargos in the port without reporting to the port administrative
department with consent by force of law, the port administrative department may order for stopping of the operations with fines no
lees than RMB5,000.00 but no more than RMB50,000.00.
Article 54
In case of cultivation and plantation activities in the port water areas, the marine administrative department shall order for correction
within time limit, and in case no correction has been made upon such order, the cultivation and plantation facilities should be dismantled
with the expenses thereof to be borne by the offender, and/or together with fine no more than RMB10,000.00.
Article 55
In case of digging and explosion activities, or pouring clay, sand, and stone in the port water areas that may harm the port security
without approval by force of law, the port administrative department shall order for stopping such acts and for elimination of any
hidden risk thereof within time limits; and in case no elimination has been achieved, such elimination shall be enforced with the
expenses thereof to be borne by the offender, and/or together with fine no less than RMB5,000.00 but no more than RMB50,000.00; in
case of punishment to be imposed by the marine administrative department in compliance with the provision of the laws and administrative
laws and regulations of water traffic, such provision should be observed, and in case of crimes constituted, penal punishment should
be prosecuted.
Article 56
In case of any of the following acts on the part of the competent traffic authority, the port administrative department or the marine
administrative department in violation of law, the direct responsible executive and other direct responsible person should be accorded
with administrative punishment, and in case of crimes constituted, penal responsibilities should be prosecuted:
(1)
Approval for construction of port facilities and use of port coastal lines in violation of law, approval for construction of operation
sites for dangerous cargos in the port, or special sites for sanitary and insecticide treatment in violation of law, or approval
for entry or exit of ships with dangerous cargoes of the ports in violation of law, or approval for handling and transfer among ships
dangerous cargos in the ports in violation of law;
(2)
Granting port operation license or port trimming service
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