A state-run or private enterprise which intends to apply for running wharf and transit shed facilities is entitled to do so by virtue of an agreement of investment, building and operation, or by virtue of an agreement of lease and operation.

When the wharf and transit shed facilities are opened for building and operating by a state-run or private enterprise, it shall in principle be done by an open bidding to the public. Nevertheless, if only one enterprise is present in the bidding or for any reasons for management in practical need, may be done by contracting an agreement through negotiation.
When the wharf and transit shed facilities are opened for leasing and operating by a state-run or private enterprise, it may be done by an open bidding to the public or by contracting an agreement through negotiation.

A state-run or private enterprise, while applying for running wharf and transit shed facilities, shall provide the following documents in duplicate to the commercial port authority for scrutiny and approval, and it will be qualified for tendering a bid after having passed the qualification scrutiny or negotiating an agreement:
1. a photocopy of company registration documents.
2. article of the company.
3. a list of shareholder, or members of board of directors and auditors.
4. a business plan:
(1) explanations of business targets.
(2) analyses of investment and benefit.
(3) list of facilities and equipments.
(4) methods for managing the leasing facilities and personnel arrangement.
(5) any other documents required by other laws and regulations.

The commercial port authority is entitled to collect administration fees based on an agreement from state-run or private enterprises which run the wharf and transit shed facilities.

A state-run or private enterprise applies for investing and building wharf and transit shed facilities within a commercial port area may be made by agreement between the commercial port authority and the applicant. For the period of use may be operated by the applicant, the commercial port authority shall establish the calculation formula and report to the commercial port administration authority for filing and then carry out accordingly.
When the commercial port authority and a state-run or private enterprise agree to invest and build the wharf and transit shed facilities, the applicant shall provide the design plan and the explanation, the executing plan of construction and the budget of the construction to the commercial port authority for sanction. When the construction is completed, the applicant shall file with the commercial port authority the design plan, the revised design plan, the draft plan of completed construction, the final budget report, the report of completion of construction and the report of acceptance after ascertaining the quality, etc.

Except for the dredging of berths of which work shall be entrusted to the commercial port authority, other construction projects shall be done by the state-run or private enterprise after it has applied for the issuance of a permit from the commercial port authority. The commercial port authority shall send representatives to supervise the construction, and shall coordinate the state-run or private enterprise to jointly check and accept the completed construction.

If the state-run or private enterprise fails to proceed to do the construction work within the agreed time period after it has been agreed to build wharf and transit shed facilities between the commercial port authority and a state-run or private enterprise, an application for an extension of a period of six-month may be filed by stating certain reasons with the commercial port authority, and if the failure of proceeding to the construction work within the agreed time period because of inevitable reasons, it is entitled to apply for a further extension of a period of six-month; if it cannot complete the construction work within the agreed period, it can apply for an extension of a period of six-month by stating certain reasons, and if it cannot complete the work within the extended period because of inevitable reasons, it is entitled to apply for a further extension of a period of six-month. If it still cannot proceed or complete the work after the expiration of the specific period(s), the commercial port authority may revoke the contract.

A state-run or private enterprise, which intends to lease wharf and transit shed facilities, is entitled to lease the facilities respectively after dividing them into different areas in accordance with the arrangement of berths, the methods of operations and the types of facilities, etc. The division of the areas shall be determined by the commercial port authority in accordance with the planning of commercial port areas.

A state-run or private enterprise, while running wharf and transit shed facilities, is entitled to operate in another area after having obtained such permission from the commercial management authority.

The state-run or private enterprise, while running ship stevedore operator by itself, shall apply for a permit of ship stevedore operator in accordance with provisions stipulated in Chapter 4. While employing the loading, unloading or handling workers, the employment contract shall be entered into in accordance with the Labor Standard Law. It shall file an employment list with the commercial port authority.

The commercial port authority, if necessary, is entitled to give notice to the state-run or private enterprise to provide the information concerning the present condition of the wharf and transit shed facilities, deployment of personnel, number and maintenance of equipment and tools, etc., for inspection. If it is found that their capacity cannot meet the required standards or there is potential safety problem, the commercial port authority shall require that state-run or private enterprise to improve them within a specific time period. If it fails to improve within that time period so as to obstruct the commercial port operation, the commercial port authority is entitled to revoke the contract.

When the state-run or private enterprise changes its organization, increases or reduces its capital, it shall arrange a change of registration in accordance with provisions of the Company Law, and report to the commercial port authority for verification.

The state-run or private enterprise shall report to the commercial port authority for verification within six months after its annual business closing date, by providing a photocopy of its business report, balance sheet, list of assets, income statement and documents relating to business income approved by taxation authorities.

The provisions stipulated in Chapter 2 are applicable to, subject to the necessary modification, loading, unloading and warehousing operations operated by a state-run or private enterprise which runs wharf and transit shed facilities.