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Chapter Law Content

Title: The Commercial Port Law CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 1 General Principles
Article 1
Matters concerning planning, construction, management, operation, security, and pollution prevention of commercial ports are governed by this Law.
Article 2
The authority in charge with respect to this Law is the Ministry of Transportation and Construction.
The operation and management organizations of commercial ports are as follows:
1.“International Commercial Ports”: Shall be managed and governed by state-operated enterprises mandated from authorities in charge. Should management-related items involve public authority, such items shall be handled by Bureau of Maritime and Port under the Ministry of Transportation and Construction Communications (hereafter cited as “Commercial Port Authority”).
2.“Domestic Commercial Ports”: Shall be managed and governed by institutions designated by Commercial Port Authority or Executive Yuan(hereafter cited as “Designated Agency”).
Article 3
Terms used in this Law are defined as follows:
1.“Commercial Port” refers to a port where merchant ships enter in and depart from.
2.“International Commercial Port” refers to a port where ROC-flagged ships and foreign-flagged ships are allowed to enter in and depart from.
3.“Domestic Commercial Port” refers to a port where only ROC-flagged ships are allowed to enter in and depart from. Foreign-flagged ships are only allowed to enter in and depart from such port if a special permission is granted from the ROC government or for the mere purpose of taking shelter.
4.“Commercial Port Area” refers to waterways within the Commercial Port borders, and the land areas where the need of port construction, development and operation is called for.
5. “Commercial Port Facilities” refers to all relevant facilities which would facilitate the entrance, docking, departure of ships, and loading and unloading of cargoes, warehousing, lightering operation, passenger services, port-sightseeing, and businesses related to FTZ operation, either above water, on land, or under water.
6.“Specialized Zones” refers to regions, within Commercial Port Area, which have been delimited for the use of fishery, manufacturing industries, and other particular purposes.
7. “Commercial Port Controlled Areas” refers to regions ,within the Commercial Port Area, which have been designated to be under surveillance with regard to personnel and vehicle access.
8.“Berth” means a water area of wharf, buoy berth or other mooring facilities for harboring ships.
9.“Anchorage” means a water area where ships are allowed to anchor.
10.“Dangerous Objects” refers to substances that are within the definition of International Maritime Dangerous Goods Code (IMDG Code) enacted by the United Nations International Maritime Organization.
11.“Cargo Handling Forwarders” refers to enterprises, inside of the Commercial Port Area, dealing with business by means of providing machinery and labor services for loading and unloading of cargoes without using methods through the original channel.
12.“Cargo Handling Industry” refers to the business engaging in the operation of counts, handovers, check-and-accept, cabin control, and cargo sorting upon loading and unloading cargoes.
13.“Commercial Port Administrative Authority” refers to the state-operated enterprise agencies mandated from authorities in charge and in accordance with Article 2, Paragraph 2, Subparagraph 1 of this Law.
Article 4
For the appointment of an International Commercial Port, the MOTC shall report to the Executive Yuan for approval and promulgation. The MOTC shall consult with the Ministry of Interior Affairs (the MOIA) and appropriate authorities to delimit a commercial port area and the administration area before reporting to the Executive Yuan for approval.
For the appointment of a Domestic Commercial Port, the respective municipal government shall report to the MOTC for approval and then relay to the Executive Yuan for promulgation. The municipal government shall report to the MOTC to consult with the MOIA and appropriate authorities for purpose of commercial port area delimition before granting an approval.
Article 5
The commercial port authority is entitled to establish a port police force in accordance with laws for the purpose of public order at the port area, and to assist personnel in undertaking respective duties.
Fire control matters within the commercial port area shall be carried out by the fire department of the port or commissioned local government agencies.
While the above-mentioned port police force and fire department of the port assist in handling violations within the port, they are also placed under the instruction and monitoring of the commercial port authority.