Decree of the State Council of the People's Republic of China  

No. 780

The Provisions on the Replenishment of International Cruise Ships at Ports of the People's Republic of China, adopted at the 29th executive meeting of the State Council on March 22, 2024, are hereby promulgated and shall come into force as of June 1, 2024.

Premier Li Qiang

April 22, 2024

International cruise ships at the ports of the People's Republic of China

Provisions on port replenishment

Article 1 These Provisions are formulated in order to improve the facilitation level of international cruise ship berthing and replenishment in the ports of the People's Republic of China and promote the high-quality development of cruise economy.

Article 2 The international cruise ships mentioned in these Provisions refer to cruise ships of foreign nationality and cruise ships of Chinese nationality navigating international routes.

These Provisions apply to the activities of international cruise ships that obtain materials and related services required for their operations during their berthing at the ports of the People's Republic of China.

Article 3 The state has established and improved systems and norms that are suitable for international cruise ships to dock for replenishment, encouraged international cruise ships to dock for replenishment at the ports of the People's Republic of China, protected the legitimate rights and interests of international cruise operators, harbor based supplies and related service providers, and created a stable, fair, transparent and predictable business environment.

Article 4 The relevant departments of the State Council and the relevant local people's governments at or above the county level should implement the Party's and the country's line, guidelines, policies, decisions and arrangements, adhere to the overall national security concept, and strengthen information sharing, coordination and service guarantee of international cruise replenishment.

According to the national port layout, the development and reform department of the State Council, the competent department of transportation and the people's government of the relevant coastal provinces, autonomous regions and municipalities directly under the Central Government will promote the construction of supporting facilities for international cruise ship docking supplies, expand service functions and improve service capabilities.

The General Administration of Customs, together with the relevant departments of the State Council, innovates the management model, improves the level of computerization, intelligence and standardization, optimizes the customs clearance process, improves the efficiency of customs clearance, and reduces the cost of customs clearance.

The competent departments of the State Council in charge of industry and informatization, public security, finance, commerce, culture and tourism, emergency management, taxation, market supervision and management, tobacco monopoly, immigration management, etc. shall do a good job in their respective areas of responsibility, and formulate policies and measures for facilitating international cruise ship docking supplies as needed.

People's governments of provinces, autonomous regions, and municipalities directly under the Central Government where international cruise ships call at ports should strengthen the organization and leadership of port replenishment, formulate local supply facilitation policies and measures on the basis of soliciting the opinions of the people's governments of cities where ports are located, and support and urge the subordinate departments and units to perform their duties.

Article 5 The relevant departments of the State Council and the relevant local people's governments at or above the county level, in combination with the actual situation, comprehensively use big data, artificial intelligence and other technical means to implement classified management of port supplies, improve customs clearance, warehousing and other management measures for different types of materials, and promote the construction of an international cruise material supply guarantee center.

Article 6 Ship oil supply enterprises shall, in accordance with the relevant provisions of the State, carry out the bonded oil supply business, improve the supply guarantee capacity, and provide convenient and efficient services for international cruise ships replenishing at ports.

Article 7 The port operator, shore power supply enterprises and international cruise operators shall establish and improve the cooperation mechanism, improve the management, use, maintenance system and operating procedures of shore power supply and receiving facilities, and ensure that international cruise ships relying on the port for supply use shore power in accordance with relevant regulations and safety regulations.

Article 8 In accordance with relevant laws and regulations and the contract, the international cruise ship berthing supplies and relevant service providers supply food, daily necessities, drugs, medical equipment, emergency rescue supplies, ship spare parts and other materials required for international cruise ship operations, and provide relevant services.

If the supplies for international cruise ships to dock at ports are restricted by the state to leave the country, or exceed the quantity for international cruise ships' own use, the customs formalities shall be handled in accordance with the relevant provisions of the People's Republic of China on export goods; Those whose exit is prohibited by the state shall not be supplied.

If the materials unloaded by international cruise ships are restricted by the state from entering the country, the customs formalities shall be handled in accordance with the relevant provisions of the People's Republic of China on the import of goods; Those prohibited by the state from entering the territory shall not be unloaded into the territory of the People's Republic of China.

Article 9 The drugs and medical devices that international cruise ships need to purchase from the People's Republic of China shall be supplied by enterprises with the qualification to operate drugs and medical devices.

If the drugs to be purchased by international cruise ships are subject to export license administration by the state, an application shall be submitted to the relevant competent department in accordance with the provisions of relevant laws and administrative regulations. The relevant competent department shall examine the application in a timely manner, make a decision of approval or disapproval and inform the applicant.

Article 10 The duty-free tobacco products that international cruise ships need to purchase from within the territory of the People's Republic of China shall be supplied by enterprises qualified to operate duty-free tobacco products. An enterprise operating duty-free tobacco products shall, in accordance with the relevant provisions of the State, supply duty-free tobacco products in reasonable quantities to international cruise ship staff and passengers for their own use on international cruise ships.

Article 11 The people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government where international cruise ships call at ports shall, on the basis of soliciting the opinions of the people's governments of the cities where the ports are located, formulate a list of commonly used low-risk materials for international cruise ship docking supplies, and specify the types and quantities of commonly used low-risk materials related to international cruise ship operations that are allowed to be supplied at ports within their respective administrative regions.

The transportation, storage and supply service providers of commonly used low-risk materials shall establish and improve a safety management system that is compatible with the risk degree of related materials.

Article 12 If domestic materials are supplied to international cruise ships, they can be exported in general trade or as inbound and outbound means of transport materials, and export tax refund shall be handled in accordance with the relevant provisions of the State.

The customs shall clearly define the corresponding supervision requirements for the goods and materials exported by general trade as specified in the preceding paragraph, and strengthen risk management; Suppliers of port supplies and related services can go through customs clearance procedures through the "single window" of international trade.

Article 13 Materials needed by international cruise ships for replenishment at ports may be centrally stored in areas under special customs supervision or bonded areas in accordance with relevant customs regulations. The customs shall provide convenient conditions for the warehousing, distribution, transshipment, distribution, loading and unloading of relevant materials.

Article 14 Unless otherwise stipulated by the state, international cruise ships that call at ports to supply foreign goods and materials shall not be subject to the administration of tariff quotas and licenses.

Unless otherwise specified by the state, if an international cruise ship docks for replenishment of foreign materials, the same container may leave the port after unpacking, reloading, splitting and assembling at the designated area. The specific measures shall be formulated by the General Administration of Customs.

Article 15 International cruise operators, port based supplies and related service providers shall not endanger China's national security or damage social and public interests, and shall abide by Chinese laws and regulations in port based supply activities; Those who violate these regulations shall be investigated for legal responsibility according to law.

Violation of these regulations and infringement of the legitimate rights and interests of international cruise operators, port supplies and related service providers shall bear legal liabilities according to law.

If the staff of the government and its relevant departments violate these regulations and commit dereliction of duty, abuse of power, favoritism and malpractice in performing relevant duties, they shall be investigated for responsibility according to law and regulations.

Article 16 These Provisions shall come into force as of June 1, 2024.