Chapter 3 Management and Operation
Article 11 In order to administrate international commercial ports, the MOTC shall establish the respective commercial port authority in each port.
A domestic commercial port shall be administrated by the port authority, which is established by the respective provincial (or municipal) government.
The specialized zones, the export processing zones and the free trade zones, which are delimited or established within a port area, shall be administrated and operated by the appropriate authorities for respective functions, or by institutions especially established for these purposes.
Article 12 The commercial port facilities, within commercial port area, can be constructed by virtue of an agreement, or leased and operated, in accordance with actual needs, by state-run or private enterprises, except for those enormous project, or those related to the entrance or the departure of ship, and public safety, which shall be constructed and operated by the commercial port authority.
For the commercial port facilities on public-own land within a commercial port area, which are invested and constructed in accordance with the previous paragraph, by a state-run or private enterprise, the period of operation by that investor shall be determined by an agreement between the investor and the commercial port authority based on the amount of investment and the profitability analysis, and be reported to the commercial port administration authorities for approval. The period is exempted from the limitation provided by Article 25 of the Land Law. Nevertheless, those facilities shall be owned by the commercial port authority.
Article 13 The loading and unloading facilities for special cargoes and other special facilities, which are constructed outside a commercial port area, shall be administrated by its relevant governing authorities, except that those relating to the management of ship’s entrance and departure
shall be governed by this Law, subject to the necessary modification.
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