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Guide on Application of Permit to Berth Alongside a Foreign Ship
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Ⅰ. Application Conditions
Where a Chinese ship needs to berth alongside a foreign ship, or a foreign ship needs to berth alongside another foreign ship, the captain or the agency handling the exit-entry business for relevant transport vehicles shall apply to the exit-entry frontier inspection authority for going through formalities for berth. The ship to be berthed is exempt from formalities for berth.
Ⅱ. Basis for Approval
Paragraph 2, Article 54, Exit and Entry Administration Law of the People's Republic of China
Article 20, Regulations of the People's Republic of China on Frontier Inspection of Exit from or Entry into the Country.
Ⅲ. Accepting Authorities
Entry-exit frontier inspection station
Ⅳ. List of Application Materials
1. Valid identification documents (original) of the person in charge of the ship or of the handler.
2. An Application Form for Berthing Alongside a Foreign Ship.
3. Certificate of seaworthiness of the ship (original or copy).
4. Certificate of nationality of the ship (original or copy).
Ⅴ. How to Apply
1. Apply On-site
The applicant may apply at the entry-exit frontier inspection station.
2. Apply Online
For border inspection authorities that support online application, the applicant can file an online application, which shall be processed online by the entry-exit frontier inspection station. Licenses shall be issued to applications that meet the requirements in a timely manner.
Ⅵ. Processing Procedures
1. The applicant shall submit application materials to the entry-exit frontier inspection station in accordance with the regulations.
2. The entry-exit frontier inspection station shall process and issue an Acceptance Form if the application materials are complete and in compliance with the statutory forms and format. For any application that can be processed immediately, the License to Berth Alongside a Foreign Ship shall be issued directly without issuance of the Acceptance Form.
If the application materials are not complete or compliant with statutory requirements, a One-time Notification shall be issued to the applicant which will indicate all the needed materials.
If applications are rejected, the applicant shall be informed of the reasons and basis for the rejection, and a Rejection Notification shall be issued.
3. The entry-exit frontier inspection station shall review the authenticity, validity and completeness of the application materials.
4. For application for temporarily berthing alongside a foreign ship, the entry-exit frontier inspection station shall grant or deny permission on the spot. For application for long-term license to berth alongside a foreign ship, decision shall be made within five working days from the date of application acceptance. If the application is rejected, a Disapproval Notification shall be issued.
Ⅶ. Results of Approval
1. For application for temporary berthing alongside a foreign ship, a License to Berth Alongside a Foreign Ship valid for the voyage or one month shall be issued on the condition to berth designated ships.
2. For application for long-term license to berth alongside a foreign vessel, a License to Berth Alongside a Foreign Ship valid for more than one month and less than one year shall be issued.
Ⅷ. Charges and Basis
Free of charge
Ⅸ. Rights and Obligations of Administrative Counterparts
1. According to the Administrative License Law of the People's Republic of China and the Exit and Entry Administration Law of the People's Republic of China, applicants have the following rights in accordance with the law:
a. If the statutory conditions and standards are met, the applicant has the right to apply for a license to berth alongside a foreign ship in accordance with the law.
b. Applicants shall have the rights to make statements and defenses when the entry-exit frontier inspection station implements administrative licensing.
c. If the applicant believes that the application requirements are met and the entry-exit frontier inspection station has not handled it in accordance with the law, he or she may apply for administrative reconsideration or file an administrative lawsuit.
2. According to the Administrative License Law of the People's Republic of China and the Exit and Entry Administration Law of the People's Republic of China, applicants have the following obligations in accordance with the law:
a. The applicant shall truthfully submit the relevant materials to the entry-exit frontier inspection station and presents truthful information, and shall be responsible for the authenticity of the application materials.
b. The applicant shall use the license to berth alongside a foreign boat in accordance with the regulations.
Ⅹ. Matters needing attention
If a ship obtains a long-term license to berth alongside a foreign ship and the person in charge has been replaced, the new person in charge shall report to the authority that issued the license, and submit his or her identity information.