Provisions of the People’s Republic of China on Marine and Maritime Administrative Punishment 2003

The Provisions on Marine and Maritime Administrative Punishments of the People’s Republic of China, which were adopted at the 9th executive meeting of this Ministry on June 25, 2003, are hereby promulgated and shall take effect as of September 1, 2003.

Provisions of the People’s Republic of China on Marine and Maritime Administrative Punishment

Chapter I General Rules

Article 1 In order to regulate marine and maritime administrative punishments, to protect the legitimate rights and interests of the parties concerned, to guarantee and supervise marine and maritime administration, to maintain the maritime traffic order, and to prevent vessels from polluting the coastal waters, the present Provisions are enacted in accordance with the Maritime Traffic Safety Law, the Marine Environment Protection Law, the Administrative Punishment Law, and other relevant laws and administrative regulations.

Article 2 Any act that is committed within the coastal waters and the relevant land areas under the jurisdiction of the People’s Republic of China (hereinafter referred to as China) and that is against marine and maritime administration shall be subject to maritime administrative punishment according to the relevant laws and administrative regulations of China and the present Provisions.
Any act that is committed within a vessel of Chinese nationality and that is against marine and maritime administration shall also be subject to maritime administrative punishment according to the relevant laws and administrative regulations of China and the present Provisions.
Any act that is committed by a Chinese crew member within the coastal waters and relevant land areas under the jurisdiction of China, that is against marine and maritime administration, and that is punishable pursuant to the relevant laws and administrative regulations of China, shall be subject to maritime administrative punishment according to the relevant laws and administrative regulations of China and the present Provisions.

Article 3 The terms “coastal waters”, “vessels”, “installations”, and “operations” as mentioned in the present Provisions have the same meanings as those of the corresponding terms used in the Maritime Traffic Safety Law, however, except there are otherwise provisions in the relevant laws and administrative regulations of China and the present Provisions.
Vessel operators as mentioned in the present Provisions include vessel managers.
Installation operators as mentioned in the present Provisions include installation managers.
Parties concerned as mentioned in the present Provisions include natural persons, legal persons, and other organizations, and are interchangeable with the vessel owners and operators that have committed illegal acts against maritime administration.

Article 4 “Acts against marine and maritime administration” as used in the present Provisions are referred to as “illegal acts against maritime administration” for short, including:
1) Those against the administration of vessel owners, operators, and safe vessel operations;
2) Those against the administration of vessel and marine installation inspection;
3) Those against the administration of vessel registration;
4) Those against the administration of crew members;
5) Those against the administration of sailing, berthing, and operations;
6) Those against the administration of safety guarantee for open maritime traffic;
7) Those against the administration of safety supervision of transport of dangerous goods by sea;
8) Those against the administration of marine salvage;
9) Those against the administration of marine salvage;
10) Those against the supervision and administration of pollution of coastal waters caused by vessels;
11) Those against the order of investigation and handling of maritime traffic accidents; and
12) Other illegal acts against marine and maritime administration.

Article 5 The laws and administrative regulations cited in the present Provisions are as follows:
1) The Maritime Traffic Safety Law refers to the Maritime Traffic Safety Law of the People’s Republic of China;
2) The National Flag Law refers to the National Flag Law of the People’s Republic of China;
3) The Law on the Administration of the Entry and Exit of Citizens refers to the Law of the People’s Republic of China on the Entry and Exit of Citizens;
4) The Regulation on Vessel Registration refers to the Regulation of the People’s Republic of China on Vessel Registration;
5) The Regulation on the Inspection of Vessel and Marine Installations refers to the Regulations of the People’s Republic of China on the Inspection of Vessel and Marine Installations;
6) The Regulation on Navigation Aids refers to the Regulation of the People’s Republic of China on Navigation Aids;
7) The Provisions on the Administration of Marine Navigational Warnings and Navigational Notices refers to the Provisions of the People’s Republic of China on the Administration of Marine Navigational Warnings and Navigational Notices;
8) The Regulation on the Safety Administration of Dangerous Chemicals;
9) The Measures for the Administration of Foreign Merchants’ Participation in the Salvage of Sunk Vessels and Objects in the Coastal Waters of China;
10) The Regulation on Prevention of Environment Pollution Caused by Dismantling of Vessels;
11) The Marine Environment Protection Law refers to the Law of the People’s Republic of China on Marine Environment Protection;
12) The Regulation on the Investigation and Handling of Maritime Traffic Accidents refers to the Regulation of the People’s Republic of China on the Investigation and Handling of Maritime Traffic Accidents; and
13) The Administrative Punishment Law refers to the Administrative Punishment Law of the People’s Republic of China.

Article 6 The principles of legitimacy, openness, justice, and combination of punishment and education shall be abided by in the imposition of maritime administrative punishment.

Article 7 Maritime administrative punishment shall be imposed by maritime administrative agencies according to law.

Chapter II Types and Application of Marine and Maritime Administrative Punishments

Article 8 The types of maritime administrative punishments are as follows:
1) Warning;
2) Fine;
3) Disqualification from vessel inspection;
4) Revocation of the nationality certificate or temporary nationality certificate of a vessel;
5) Confiscation of the vessel registration certificate;
6) Detention of the job certificate of crew membership;
7) Revocation of the job certificate of crew membership;
8) Revocation of the entry and exit certificate of any sailor;
9) Confiscation of illegal proceeds;
10) Confiscation of vessel; and
11) Other maritime administrative punishments provided for by laws and administrative regulations.
The expression “job certificate of crew membership” as mentioned in the preceding paragraph of the present Article includes the training certificate of crew membership, the service book of crew members, the competence certificate of the crew membership, and other competence certificates.
The expression “vessel registration certificate” as mentioned in the first paragraph of the present Article includes the vessel nationality certificate, the vessel ownership registration certificate, the vessel mortgage registration certificate, and the bareboat charter registration.

Article 9 When giving maritime administrative punishment, a maritime administrative agency shall order the party concerned to rectify the illegal act against maritime administration or to do so within a prescribed time limit.

Article 10 A party that has committed two or more illegal acts against maritime administration shall be imposed on separate maritime administrative punishments, which shall be executed together.
The parties that have committed a joint illegal act against maritime administration shall be imposed on maritime administrative punishments respectively.
With respect to the same illegal act against maritime administration committed by a party, the maritime administrative punishment of fine may not be imposed twice or more.

Article 11 The degree of a maritime administrative punishment shall be corresponding to that of the illegal act against maritime administration and to the maritime administrative liabilities to be assumed.
Where an illegal act against maritime administration is minor and has been rectified in good time, and thus resulting in no damages, no maritime administrative punishment shall be imposed.
Where a party committing an illegal act against maritime administration is in any of the situations specified in Article 27 of the Administrative Punishment Law, the maritime administrative punishment to be imposed shall be lightened or mitigated according to law.
Where a Chinese vessel or crew member that committed an illegal act against maritime administration has already received maritime administrative punishment overseas, no maritime administrative punishment shall be given for a second time.

Article 12 Where a party committing an illegal act against maritime administration is in any of the following situations, that party shall be given a heavier maritime administrative punishment:
1) Causing relatively serious consequences or involving serious circumstances;
2) Having been given maritime administrative punishment for the same illegal act against maritime administration within one year;
3) Coercing or inveigling others to commit an illegal act against maritime administration;
4) Forging, hiding, or destroying the evidence of an illegal act against maritime administration;
5) Refusing or obstructing the supervision and administration carried out by the maritime administrative agency; and
6) Other situations where heavier maritime administrative punishment shall be given as provided for by laws and administrative regulations.

Chapter III Illegal Acts Against Marine and Maritime Administration and the Administrative Punishments

Section 1 Violations of the Administration of Vessel Owners or Operators or of the Safe Operations of Vessels

Article 13 For any of the following acts against the administration of safe operations by vessel owners or operators, the vessel owner or vessel operator shall be imposed on a fine:

1) Engaging in navigation or other relevant activities without obtaining the certificates of conformity with safe operations and of conformity with the pollution prevention system;
2) Providing falsified materials, or by any other wrongful means, cheating the vessel owner or operator for the certificates of conformity with safe operations and with the pollution prevention system;
3) Forging or altering the certificates of conformity with safe operations and with the pollution prevention system of the vessel owner or operator;
4) Transferring, trading, leasing, or using in other’s name the certificates of conformity with safe operations and with the pollution prevention system of the vessel owner or operator; or
5) Engaging in navigation or other relevant activities by using forged or altered certificates of conformity with safe operation and with the pollution prevention system of the vessel owner or operator.
The amounts of the fines specified in the preceding paragraph of the present Article shall be determined pursuant to the following provisions:

1) For an illegal act in non-business activities, a fine ranging from 200 Yuan to 1,000 Yuan shall be imposed;
2) For an illegal act in business activities, and if there are any illegal proceeds, a fine of less than 3 times the value of the illegal proceeds, and no more than 30,000 Yuan at the maximum, shall be imposed; and
3) For an illegal act in business activities, and if there are no illegal proceeds, a fine ranging from 300 Yuan to 10,000 Yuan shall be imposed.

Article 14 If a party commits any of the following acts in violation of the administration of safe operation of vessels, that party shall be imposed on a fine, or the job certificate of the crew member shall be detained or even revoked:
1) Engaging in navigation or other relevant activities without obtaining the certificate of safety administration of vessels;
2) Providing falsified materials, or by any other wrongful means, to cheat for the certificate of safety administration of vessels;
3) Forging or altering the certificate of safety administration of vessels;
4) Transferring, trading, leasing, or using in any other’s name the certificate of safety administration of vessels; or
5) Using forged or altered certificate of safety administration of vessels to engage in navigation or other relevant activities.

The amounts of fines, the period of detaining job certificate of crew membership, or the revocation of the said certificate provided for in the preceding paragraph of the present Article shall be determined pursuant to the following provisions:
1) For an illegal act in non-business activities, the vessel owner or vessel operator shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; the captain shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan, and his/her job certificate of crew membership shall be detained for 3 to 6 months.
2) For an illegal act business in business activities, if there are any illegal proceeds, the vessel owner or vessel operator shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain shall be imposed on a fine of less than 3 times the value of the proceeds obtained by himself/herself, and no more than 20,000 Yuan at the maximum, and his/her job certificate of crew membership shall be detained for 12 to 24 months.
3) For an illegal act in business activities, if there is no illegal proceeds, the vessel owner or vessel operator shall be imposed on a fine ranging from 500 Yuan to 10,000 Yuan; the captain shall be imposed on a fine ranging from 300 Yuan to 8,000 Yuan, and his/her job certificate of crew membership shall be detained for 6 to 12 months.

Section 2 Violations of the Administration of Inspection of Vessels and Marine Installations

Article 15 The terms “vessels” and “marine installations” as mentioned in this section mean the same as those of the corresponding terms used in the Regulation on Inspection of Vessels and Marine Installations.

Article 16 If a vessel or any major equipment on that vessel relating to navigation safety or pollution prevention, etc. does not have the corresponding valid inspection certificates in violation of Article 4 of the Maritime Traffic Safety Law, the following administrative punishments shall be given pursuant to Article 44 of the Maritime Traffic Safety Law:

1) For an illegal act in non-business activities, the vessel owner or vessel operator shall be imposed on a fine ranging from 300 Yuan to 1,000 Yuan; the captain shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan, and his/her job certificate of crew membership shall be detained for 3 to 6 months.
2) For an illegal act in business activities, if there are any illegal proceeds, the vessel owner or vessel operator shall be imposed on a fine of less than 3 times of the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain shall be imposed on a fine of less than 3 times the value of the proceeds obtained by himself/herself, and no more than 30,000 Yuan at the maximum, and his/her job certificate of crew membership shall be detained for 12 to 24 months or even be revoked.
3) For an illegal act in business activities, if there are no illegal proceeds, the vessel owner or vessel operator shall be imposed on a fine ranging from 300 Yuan to 10,000 Yuan; the captain shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan, and his/her job certificate of crew membership shall be detained for 6 to 12 months.

The expression “a vessel or any relevant major equipment on that vessel does not have the corresponding valid inspection certificates” as mentioned in the preceding paragraph of the present Article includes the following situations:
1) Having no corresponding inspection certificates;
2) Holding a forged, altered, transferred, traded, or leased inspection certificate;
3) The inspection certificate held not being in conformity with the actual situations of the vessel or the relevant major equipment on that vessel;
4) Holding an expired inspection certificate;
5) Holding any other inspection certificate not in conformity with the laws, administrative regulations, and rules.

Article 17 Where the towing operations on the open sea involving large-sized installations and mobile platforms has not undergone the towing inspection conducted by the vessel inspection agency and not reported to the maritime administrative agency for approval in violation of Article 16 of the Maritime Traffic Safety Law, the following administrative punishments shall be given pursuant to Article 44 of the Maritime Traffic Safety Law:

1) For an illegal act in non-business activities, the owner or operator of the vessel or installation shall be imposed on a fine ranging from 300 Yuan to 1,000 Yuan; the captain and the major person in charge of the installation shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan, and his/her job certificate of crew membership shall be detained for 3 to 6 months.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel or installation shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain and the major person in charge of the installation shall be imposed on a fine of less than 3 times the value of the proceeds obtained by himself/herself, and no more than 30,000 Yuan at the maximum, and his/her job certificate of crew membership shall be detained for 12 to 24 months or even be revoked.
3) For an illegal act in business activities, if there are no illegal proceeds, the owner or operator of the vessel or installation shall be imposed on a fine ranging from 300 Yuan to 10,000 Yuan; the captain and the major person in charge of the installation shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan, and his/her job certificate of crew membership shall be detained for 6 to 12 months.

Article 18 Where the actual conditions of a vessel are not in conformity with what is stated in the vessel’s inspection certificate, if that vessel fails to, as in violation of Article 17 of the Maritime Traffic Safety Law, apply for a new inspection or to take effective safety measures pursuant to the requirements of the maritime administrative agency, the following administrative punishments shall be given pursuant to Article 44 of the Maritime Traffic Safety Law:
1) For an illegal act in non-business activities, the owner or operator of the vessel shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; the captain shall be imposed on a fine ranging from 100 Yuan to 1,000 Yuan, and his/her job certificate of crew membership shall be detained for 3 to 6 months.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain shall be imposed on a fine of less than 3 times the value of the proceeds obtained by himself/herself and no more than 30,000 Yuan at the maximum, and his/her job certificate of crew membership shall be detained for 12 to 24 months or even be revoked.
3) For an illegal act in business activities, if there is no illegal proceeds, the owner or operator of the vessel shall be imposed on a fine ranging from 300 Yuan to 10,000 Yuan; the captain shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan, and his/her job certificate of crew membership shall be detained for 6 to 12 months.

Article 19 If a party, as in violation of the Regulation on the Inspection of Vessels and Marine Installations, alters the inspection certificate of a vessel, marine installation, or cargo container, or changes the vessel load line without authorization, or cheats for the inspection certificate of the vessel, marine installation, or cargo container, the corresponding inspection certificates that have been issued shall be rescinded pursuant to Article 26 of the Regulation on the Inspection of Vessels and Marine Installations, and the party concerned may be ordered to make up the relevant formalities.

Article 20 If a party, as in violation of the Regulation on the Inspection of Vessels and Marine Installations, forges the vessel inspection certificate, or alters the vessel load line without authorization, a notice of criticism shall be circulated to that party pursuant to Article 27 of the Regulation on the Inspection of Vessels and Marine Installations, and a fine ranging from 1 time to 5 times the amount of the corresponding inspection fee may be imposed.
The word “forging” as used in the preceding paragraph of the present Article includes altering and modifying.

Article 21 Where the inspection personnel of a vessel inspection agency, as in violation of the Regulation on the Inspection of Vessels and Marine Installations, commit any of the following acts, the party concerned shall be disqualified from conducting inspection on the ground of abuse of power, seeking private benefits through wrongful means, neglect of duty, or serious breach of duty in accordance with Article 28 of the Regulation on the Inspection of Vessels and Marine Installations:
1) Conducting the inspection of vessels and installations beyond the authorized power;
2) Failing to comply with the prescribed inspection criterion in inspecting the vessels and installations;
3) Failing to comply with the prescribed inspection items in inspecting the vessels and installations;
4) Failing to comply with the prescribed inspection procedures in inspecting the vessels and installations;
5) The vessel inspection certificate or report issued being not in conformity with the actual conditions of the vessels or installations;
6) Failing to comply with the relevant provisions in charging fees for inspection of the vessels and installations.

Section 3 Violations of the Administration of Marine Vessel Registration

Article 22 The term “vessels” as mentioned in the present Section means the same as that of the corresponding term used in the Regulation on Vessel Registration.

Article 23 Where a vessel, in violation of Article 5 of the Maritime Traffic Safety Law, sails without the certificate of vessel nationality or with a falsified certificate of vessel nationality, that party shall be given the following administrative punishments pursuant to Article 44 of the Maritime Traffic Safety Law:
1) For an illegal act in non-business activities, the owner or operator of the vessel shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; the captain shall be imposed on a fine ranging from 100 Yuan to 1,000 Yuan, and his/her job certificate of crew membership shall be detained for 3 to 6 months.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 20,000 Yuan at the maximum, and his/her job certificate of crew membership shall be detained for 12 to 24 months or even be revoked.
3) For an illegal act in business activities, if there is no illegal proceeds, the owner or operator of the vessel shall be imposed on a fine ranging from 300 Yuan to 10,000 Yuan; the captain shall be imposed on a fine ranging from 200 Yuan to 8,000 Yuan, and his/her job certificate of crew membership shall be detained for 6 to 12 months.

Article 24 Where a vessel, in violation of the Regulation on Vessel Registration, pretends to be of Chinese nationality and hangs the flag of China in sailing, that vessel shall be confiscated pursuant to the first paragraph of Article 49 of the Regulation on Vessel Registration.
Where a vessel of Chinese nationality, in violation of the Regulation on Vessel Registration, pretends to be a foreign vessel and hangs the national flag of a foreign country in navigation, the first paragraph of Article 49 of the Regulation on Vessel Registration shall apply.

Article 25 Where a party, in violation of the Regulation on Vessel Registration, conceals the facts that a vessel has been registered in China or overseas, and results in that the vessel has two nationalities, the certification of vessel nationality of that vessel shall be revoked pursuant to Article 50 of the Regulation on Vessel Registration, and the owner or operator of that vessel shall be imposed on the following fines regarding the circumstances:
1) If the tonnage of the vessel is below 500 tons, a fine ranging from 2,000 Yuan to 10,000 Yuan shall be imposed;
2) If the tonnage of the vessel ranges from 501 tons to 10,000 tons, a fine ranging from 10,000 Yuan to 50,000 Yuan shall be imposed;
3) If the tonnage of the vessel is above 10,001 tons, a fine ranging from 50,000 Yuan to 200,000 Yuan shall be imposed.

Article 26 If a party, in violation of the Regulation on Vessel Registration, commits any of the following acts, pursuant to Article 51 of the Regulation on Vessel Registration, a warning may be given to the vessel, and the owner or operator of that vessel may be imposed on a fine of 50% of the amount specified in Article 50 of the Regulation on Vessel Registration according to the tonnage of the vessel, or even the vessel registration certificate may be revoked:
1) Concealing the facts and practicing frauds when going through the registration formalities;
2) Concealing the fact of registration and resulting in repeated registration;
3) Forging or modifying the vessel registration certificate.

Article 27 If a vessel, in violation of the Regulation on Vessel Registration, fails to make the registration of alteration or to write off the registration pursuant to the provisions, or uses an expired or temporary certificate of vessel nationality, the relevant registration formalities shall be made up as ordered pursuant to Article 52 of the Regulation on Vessel Registration; where the circumstances are serious, the owner or operator of the vessel may be imposed on a fine of 10% of the amount specified in Article 50 of the Regulation on Vessel Registration according to the tonnage of the vessel.

Article 28 If a party, in violation of the Regulation on Vessel Registration, employs any foreign crew members or uses others’ vessel funnel marks or company flags that have been registered, that party shall be ordered to rectify such act pursuant to Article 53 of the Regulation on Vessel Registration; if that party refuses to rectify the act, the owner or operator of the vessel may be imposed on a fine of 10% of the amount specified in Article 50 of the Regulation on Vessel Registration according to the tonnage of the vessel; if the circumstances are serious, the certificate of vessel nationality or the temporary certificate of vessel nationality may be revoked concurrently.

Article 29 If a vessel, in violation of the National Flag Law or the Measures for the Administration of Vessels’ Hanging of National Flags promulgated by the Ministry of Communications, fails to hang the national flag of China pursuant to the provisions, or the national flag of the People’s Republic of China hung is damaged, stained, obviously faded or is not in conformity with the specifications, the situation shall be rectified immediately as ordered pursuant to Article 17 of the Measures for the Administration of Vessels’ Hanging of National Flags.

Section 4 Violations of the Administration of Marine Crew Members

Article 30 The term “crew members” as mentioned in the present Section includes the captain, chief engineer, driver, engineer, radio and telephone operator, pilot, the corresponding personnel of the seaplanes and submersibles, as well as other crew members.

Article 31 Where a person, in violation of Article 7 of the Maritime Traffic Safety Law, serves on a vessel without obtaining the valid job certificate of crew membership or without undergoing the training of crew members, that person shall be imposed on a fine of the following amounts pursuant to Article 44 of the Maritime Traffic Safety Law:
1) For service on a non-business vessel, a fine ranging from 200 Yuan to 1,000 Yuan shall be imposed;
2) For service on a business vessel, if there are any illegal proceeds, a fine of less than three times the amount of the illegal proceeds obtained by that person and no more than 30,000 Yuan at the maximum shall be imposed; and
3) For service on a business vessel, if there are no illegal gains, a fine ranging from 300 Yuan to 10,000 Yuan shall be imposed.
The expression “without obtaining the valid job certificate of crew membership” as mentioned in the preceding paragraph of the present Article includes the following situations:
1) Having no job certificate of crew membership;
2) Obtaining the job certificate of crew membership through fraudulent means;
3) Holding a forged or altered job certificate of crew membership;
4) Holding a transferred, bought, or leased job certificate of crew membership;
5) The navigation area, type, or grade of the vessel on which that person serves, or the job assumed by that person goes beyond the scope specified in the job certificate of crew membership;
6) Holding an expired job certificate of crew membership; or
7) Holding any other job certificate of crew membership that is not in conformity with the laws, administrative regulations and rules.

For either of the illegal acts specified in Item 2) or 4) of the second paragraph of this Article, besides imposition of the fine, the job certificate of crew membership shall be revoked concurrently.
For the illegal acts specified in Item 5) of the second paragraph of this Article, besides imposition of the fine, the job certificate of crew membership shall be detained for 3 to 12 months.

Article 32 If, in violation of Article 8 of the Maritime Traffic Safety Law, an installation is not provided with the personnel who have mastered the techniques of collision avoidance, signaling, communications, fire control, salvaging and other operations pursuant to the state provisions, a fine of the following amounts shall be imposed pursuant to Article 44 of the Maritime Traffic Safety Law:
1) For an illegal act in non-business activities, the owner or operator of the installation shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; the major person in charge of the installation and the directly responsible person shall be imposed on a fine ranging from 100 Yuan to 1,000 Yuan.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the installation shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; and the major person in charge of the installation and the directly liable persons shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 20,000 Yuan at the maximum.
3) For an illegal act in business activities, if there is no illegal proceeds, the owner or operator of the installation shall be imposed on a fine ranging from 300 Yuan to 10,000 Yuan; the major person in charge of the facilities and the directly liable persons shall be imposed on a fine ranging from 200 Yuan to 8,000 Yuan.

Article 33 If any party, in violation of the Law on the Control of the Exit and Entry of Citizens, cheats and bluffs by holding the exit or entry certificate of sailors, that certificate shall be revoked or be pronounced to be invalid pursuant to Article 22 of the Implementing Rules for the Law on the Control of the Exit and Entry of Citizens.
The expression “cheating and bluffing by holding the entry or exit certificate of sailors” as specified in the preceding paragraph of this Article includes the following acts:
1) Holding an exit or entry certificate of sailors obtained from a maritime administrative agency through falsification, bribing, or other wrongful ways;
2) Holding a forged or altered exit or entry certificate of sailors;
3) Holding an exit or entry certificate of sailors that is obtained from others through transfer, trade, lease, or other illegal ways; or
4) Holding an expired exit or entry certificate of sailors.

Section 5 Violations of the Administration of Marine Navigation, Berthing, and Operation

Article 34 If, in violation of Article 6 of the Maritime Traffic Safety Law, a vessel is not manned with qualified crew members according to a standard quota to ensure the safety of the vessel, the following administrative punishments shall be given pursuant to Article 44 of the Maritime Traffic Safety Law:
1) For an illegal act in non-business activities, the owner or operator of the vessel shall be imposed on a fine ranging from 300 Yuan to 1,000 Yuan; the captain shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan, and the job certificate of crew membership may be detained for 3 to 6 months.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 20,000 Yuan at the maximum, and the job certificate of crew membership may be detained for 3 to 12 months.
3) For an illegal act in business activities, if there are no illegal proceeds, the owner or operator of the vessel shall be imposed on a fine ranging from 500 Yuan to 10,000 Yuan; the captain shall be imposed on a fine ranging from 300 Yuan to 8,000 Yuan, and the job certificate of crew membership may be detained for 3 to 6 months.
The expression “not manned with qualified crew members according to a standard quota to ensure the safety of the vessel” as mentioned in the first paragraph of this Article includes the following situations:
1) The number of the crew members equipped to the vessel is lower that the quota requirement specified in the certificate of minimum personnel equipped for safety purpose;
2) The crew members equipped to the vessel do not hold valid competence certificates;
3) The vessel does not hold a valid certificate of minimum personnel equipped for safety purpose.

Article 35 If the personnel on a vessel or installation, in violation of Article 9 of the Maritime Traffic Safety Law, fails to observe the relevant rules and regulations concerning maritime traffic safety, and to follow the operating rules, and thus affects the safety of the vessel or installation in navigation, berthing, and operation, a fine of the following amounts shall be imposed pursuant to Article 44 of the Maritime Traffic Safety Law:

1) For an illegal act in non-business activities, a fine ranging from 100 Yuan to 1,000 Yuan shall be imposed;
2) For an illegal act in business activities, if there are any illegal proceeds, a fine of less than 3 times the value of the illegal proceeds obtained by the person and no more than 30,000 Yuan at the maximum shall be imposed;
3) For an illegal act in business activities, if there are no illegal proceeds, a fine ranging from 100 Yuan to 10,000 Yuan shall be imposed.

The expression “fails to observe the relevant rules and regulations concerning maritime traffic safety” as mentioned in the preceding paragraph of this Article includes the following situations:
1) When performing as a crew member on the vessel, failing to carry the valid certificate of crew membership;
2) When performing as a crew member on the vessel, going beyond the duties, functions, navigation areas, sea routes, grades, or types of principal vessels specified in the job certificate of crew membership;
3) When performing as a crew member on the vessel, failing to be on duty in accordance with the duty rules of crew members;
4) Operating without necessary rest;
5) During the duty on the vessel, having in body alcohol exceeding the prescribed standard;
6) When performing as a crew member on the vessel, eating any banned drugs that might affect safe operations; or
7) Other situations of non-observance of the relevant rules and regulations concerning maritime traffic safety.
The expression “fails to observe the operating rules concerning maritime traffic safety” as mentioned in the first paragraph of this Article includes the following situations:
1) Not sailing at a safe speed;
2) Not sailing in the prescribed sea route;
3) Not observing the rules of collisions avoidance and the rules of navigation in fog;
4) Not complying with the provisions in berthing, backing, turning, exceeding, or crossing;
5) Not complying with the provisions in showing signals;
6) Not complying with the provisions to listen to navigation communications;
7) Not complying with the provisions in carrying out trial trip, trial navigation, speed testing, and direction identification and adjustment;
8) Not complying with the provisions in checking and repairing the equipment that affects the navigability of the vessel;
9) Not complying with the provisions in checking and repairing communication equipment and fire prevention equipment;
10) Not complying with the provisions to keep the cabins in good ventilation or clean;
11) Not complying with the provisions in using open fire;
12) Not complying with the provisions in filling in the logbook;
13) Not complying with the provisions in guaranteeing the safety of the persons going on and off the vessel or installation; or
14) Not complying with the provisions in conducting other operations pursuant to the operating rules concerning maritime traffic safety.

Article 36 If the personnel on a vessel or installation, in violation of Article 9 of the Maritime Traffic Safety Law, fails to observe the relevant rules and regulations, and operating rules concerning maritime traffic safety, affects the safety of the vessel or installation in navigation, berthing, and operation, and causes any maritime traffic accident, the following administrative punishments shall also be given pursuant to Article 44 of the Maritime Traffic Safety Law:

1) For a especially serious accident, the job certificates of crew membership of the persons with whole liabilities or major liabilities shall be revoked; the job certificates of crew membership of the persons with secondary liabilities shall be detained for 12 months or even be revoked; the job certificates of crew membership of the persons with considerable liabilities shall be detained for 24 months or be revoked.
2) For a serious accident, the job certificates of crew membership of the persons with whole liabilities or major liabilities shall be revoked, and the job certificates of crew membership of the persons with secondary liabilities shall be detained for 12 to 24 months; the job certificates of crew membership of the persons with considerable liabilities shall be detained for 18 months or be revoked.
3) For a major accident, the job certificates of crew membership of the persons with whole liabilities or major liabilities shall de detained for 24 months or be revoked, and the job certificates of crew membership of the persons with secondary liabilities shall be detained for 6 months; the job certificates of crew membership of the persons with considerable liabilities shall be detained for 12 months.
4) For an ordinary accident, the job certificates of crew membership of the persons with whole liabilities or major liabilities shall de detained for 12 to 24 months, and the job certificates of crew membership of the persons with secondary liabilities shall be detained for 3 to 6 months; the job certificates of crew membership of the persons with considerable liabilities shall be detained for 6 to 12 months.
5) For a minor accident, the job certificates of crew membership of the persons with whole liabilities or major liabilities shall de detained for 6 to 12 months, and the job certificates of crew membership of the persons with secondary liabilities shall be detained for 3 months; the job certificates of crew membership of the persons with considerable liabilities shall be detained for 3 to 6 months.

Article 37 If a vessel or installation, in violation of Article 10 of the Maritime Traffic Safety Law, fails to observe the relevant laws, administrative regulations, and rules, and affects the safety of other vessels or installations in navigation, berthing, and operation, a fine of the following amounts shall be imposed pursuant to Article 44 of the Maritime Traffic Safety Law:

1) For an illegal act in non-business activities, the owner or operator of the vessel or installation shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; the captain or the major person in charge of the installation, and other directly liable persons shall be imposed on a fine ranging from 100 Yuan to 1,000 Yuan.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel or installation shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain or the major person in charge of the installation, and other directly liable persons shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by the person and no more than 30,000 Yuan at the maximum.
3) For an illegal act in business activities, if there are no illegal proceeds, the owner or operator of the vessel or installation shall be imposed on a fine ranging from 300 Yuan to 10,000 Yuan; the captain or the major person in charge of the installation, and other directly liable persons shall be imposed on a fine ranging from 100 Yuan to 10,000 Yuan.

The expression “a vessel or installation fails to observe the relevant laws, administrative regulations, and rules, and affects the safety of other vessels and installations in navigation, berthing, and operation” as mentioned in the preceding paragraph of this Article includes the following situations:
1) Not complying with the provisions to check and repair, and test the equipment affecting the navigability of the vessel;
2) Not complying with the provisions to check and repair, and test the communication and fire prevention equipment;
3) Not complying with the provisions in carrying passengers;
4) Not complying with the provisions in carrying cargo and vehicles;
5) Starting navigation in inconformity with the restrictive conditions for safe navigation;
6) Operating in inconformity with the restrictive conditions for safe operations;
7) Navigating in night without approval;
8) Forcing the crew members to make rule-breaking operations;
9) Forcing the crew members to operate when they are tired;
10) Failing to arrange the crew members to be on duty pursuant to the duty rules of crew members;
11) Navigating beyond the ratified navigation areas;
12) Not navigating in the prescribed sea route;
13) Not observing the rules for collisions avoidance and for navigation in fog;
14) Not navigating at a safe speed;
15) Not observing the provisions in berthing, backing, turning, exceeding, or crossing;
16) Not observing the rules when carrying out any trial trip, trial navigation, speed testing, and direction identification and adjustment;
17) Not observing the provisions on navigation, berthing, and operation signaling;
18) Not observing compulsory pilot provisions;
19) Not observing the provisions on navigation communications and wireless communications;
20) Failing to follow the provisions to keep the cabins in good ventilation or clean;
21) Failing to follow the provisions to guarantee the safety of the persons going onto and off the vessel or installation;
22) Not observing the operating rules for safe operation of open fire;
23) Not observing the provisions in towing, or having a non-towing boat to undertake towing operations;
24) Violating the relevant provisions on coming together of two vessels or exchanging of liquid cargo between two vessels;
25) Not observing the provisions when filling in the logbook;
26) Not observing the provisions to report the location or status of the vessel;
27) Other situations of not observing the relevant laws, administrative regulations, and rules, and affecting the safety of other vessels and installations in navigation, berthing and operation.

Article 38 Where a non-military vessel of foreign nationality, as in violation of Article 11 of the Maritime Traffic Safety Law, enters the inner waters or ports of China without approval of the maritime administrative agency of China, or does not obey the commands of the maritime administrative agency after entering the inner waters or ports of China, that vessel shall be given a warning and be imposed on a fine of the following amounts pursuant to Article 44 of the Maritime Traffic Safety Law:

1) For an illegal act in non-business activities, the owner or operator of the vessel shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; and the captain shall be imposed on a fine ranging from 100 Yuan to 1,000 Yuan.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; and the captain shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 20,000 Yuan at the maximum.
3) For an illegal act in business activities, if there are no illegal proceeds, the owner or operator of the vessel shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan; and the captain shall be imposed on a fine ranging from 100 Yuan to 10,000 Yuan.

Article 39 If a vessel of foreign nationality, in violation of Article 13 of the Maritime Traffic Safety Law, does no apply for designation of a pilot to guide the navigation pursuant to the provisions, or does not use the pilot designated pursuant to the provisions to guide the navigation when entering or leaving a port of China, or navigating or moving the berths in the port area, or approaching or leaving a mooring point or loading spot outside the port, that vessel shall be given a warning or be imposed on a fine of the following amounts pursuant to Article 44 of the Maritime Traffic Safety Law:
1) For an illegal act in non-business activities, the owner or operator of the vessel shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; the captain shall be imposed on a fine ranging from 100 Yuan to 1,000 Yuan.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; and the captain shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 20,000 Yuan at the maximum.
3) For an illegal act in business activities, if there are no illegal proceeds, the owner or operator of the vessel shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan; and the captain shall be imposed on a fine ranging from 100 Yuan to 10,000 Yuan.

Article 40 If a vessel, as in violation of Article 14 of the Maritime Traffic Safety Law, does not observe the special provisions promulgated by the Chinese government or the maritime administrative agency when entering or leaving a port, or passing through a controlled traffic area, a crowded navigable area, or an area where navigational conditions are restricted, fails to observe the special provisions promulgated by the Chinese government or the maritime authorities, that vessel shall be given a warning or any of the following administrative punishments pursuant to Article 44 of the Maritime Traffic Safety Law:
1) For an illegal act in non-business activities, the owner or operator of the vessel shall be imposed on a fine ranging from 500 Yuan to 1,000 Yuan; the captain shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan, and his/her job certificate of crew membership may be detained for 3 to 6 months.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 20,000 Yuan at the maximum, and his/her job certificate of crew membership may be detained for 6 to 12 months.
3) For an illegal act in business activities, if there are no illegal proceeds, the owner or operator of the vessel shall be imposed on a fine ranging from 1000 Yuan to 10,000 Yuan, and the captain shall be imposed on a fine ranging from 500 Yuan to 5,000 Yuan, and his/her job certificate of crew membership may be detained for 3 to 6 months.

Article 41 If a vessel, as in violation of Article 15 of the Maritime Traffic Safety Law, enters or passes through a restricted navigation zone, that vessel shall be given a warning or one of the following administrative punishments pursuant to Article 44 of the Maritime Traffic Safety Law:
1) For an illegal act in non-business activities, the owner or operator of the vessel shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; the captain shall be imposed on a fine ranging from 100 Yuan to 1,000 Yuan, and his/her job certificate of crew membership shall be detained for 3 to 6 months.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 20,000 Yuan at the maximum, and his/her job certificate of crew membership shall be detained for 6 to 12 months.
3) For an illegal act in business activities, if there are no illegal proceeds, the owner or operator of the vessel shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan; and the captain shall be imposed on a fine ranging from 100 Yuan to 8,000 Yuan, and his/her job certificate of crew membership shall be detained for 3 to 6 months.

Article 42 If a vessel sailing on international routes refuses to, as in violation of Article 12 of the Maritime Traffic Safety Law, accept the inspection conducted by the maritime administrative agency, it shall be given one of the following administrative punishments pursuant to Article 44 of the Maritime Traffic Safety Law:
1) For an illegal act in non-business activities, the owner or operator of the vessel shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; the captain shall be imposed on a fine ranging from 100 Yuan to 1,000 Yuan, and his/her job certificate of crew membership shall be detained for 3 to 6 months.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 20,000 Yuan at the maximum, and his/her job certificate of crew membership may be detained for 12 to 24 months or even be revoked.
3) For an illegal act in business activities, if there are no illegal proceeds, the owner or operator of the vessel shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan; and the captain shall be imposed on a fine ranging from 100 Yuan to 10,000 Yuan, and his/her job certificate of crew membership shall be detained for 6 to 12 months.

The expression “refusing to accept the inspection conducted by the maritime administrative agency” as mentioned in the preceding paragraph of this Article includes the following situations:
1) Refusing to accept or obstructing the safety inspection conducted by the maritime administrative agency;
2) In the case of a vessel of Chinese nationality, not submitting the Register of Vessel Safety Inspection when accepting the safety inspection carried out by the maritime administrative agency.
3) Practicing frauds when accepting the safety inspection conducted by the maritime administrative agency; or
4) Failing to make rectification in accordance with the safety inspection opinions given by the maritime administrative agency.

Article 43 If a vessel of Chinese nationality sailing on domestic routes does not, in violation of Article 12 of the Maritime Traffic Safety Law, acquire the port entry and departure visa, that vessel shall be given one the following administrative punishments pursuant to Article 44 of the Maritime Traffic Safety Law:
1) For an illegal act in non-business activities, the owner or operator of the vessel shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; the captain shall be imposed on a fine ranging from 100 Yuan to 1,000 Yuan, and his/her job certificate of crew membership shall be detained for 3 to 6 months.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 20,000 Yuan at the maximum, and his/her job certificate of crew membership may be detained for 12 to 24 months, or even be revoked.
3) For an illegal act in business activities, if there are no illegal proceeds, the owner or operator of the vessel shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan; the captain shall be imposed on a fine ranging from 100 Yuan to 8,000 Yuan, and his/her job certificate of crew membership shall be detained for 6 to 12 months.

The expression “not acquiring the port entry and departure visa” as mentioned in the preceding paragraph of this Article includes the following situations:

1) Refusing or obstructing the handling of the port entry and departure visa by the maritime administrative agency;
2) The statutory certificates or documents of the vessel submitted for handling the port entry and departure visa being incomplete or untrue;
3) Practicing frauds in handling of the port entry and departure visa; or
4) A vessel sailing on international routes failing to go through the formalities for entering or exiting the port.

Section 6 Violations of the Administration of Marine Navigation Safety Guarantee

Article 44 The term “navigation aids” as mentioned in the present Section means the same as that of the corresponding term used in the Regulation on Navigation Aids.

Article 45 If a party, as in violation of the second paragraph of Article 6 of the Regulation on Navigation Aids, sets up, dismantles, or moves any special national aids or changes any other status of such aids without authorization, that party shall be ordered to dismantle, set up anew, or adjust the special navigation aids within the prescribed time limit pursuant to Article 19 of the Regulation on Navigation Aids.

Article 46 If a party commits any of the following acts, that party shall be ordered to rectify such act or take corresponding remedies pursuant to Article 20 of the Regulation on Navigation Aids:
1) Setting up any lighting or sound devices affecting navigation safety in the vicinity of a navigation aid in violation of Article 11 of the Regulation on Navigation Aids;
2) Constructing buildings, constructions, or planting plants, or setting up any other obstacles affecting the functions of navigation aids around a navigation aid in violation of Article 13 of the Regulation on Navigation Aids.

Article 47 If a vessel, as in violation of the second paragraph of Article 14 of the Regulation on Navigation Aids, does not report the collision with a navigation aid, that vessel shall be imposed on a fine of less than 20,000 Yuan regarding the seriousness of the circumstances pursuant to Article 21 of the Regulation on Navigation Aids; and compensation shall be made according to law if the collision has caused any losses.

Article 48 If any party, as in violation of Articles 15, 16, and 17 of the Regulation on Navigation Aids, damages a navigation aid or the accessories thereof, or affects the functions of the navigation aid, that party shall be ordered to rectify the act within a prescribed time limit, be given a warning, and be imposed on a fine of less than 2,000 Yuan concurrently pursuant to Article 22 of the Regulation on Navigation Aids; and compensation shall be made according to law if that act has caused any losses.

Article 49 If a party, in violation of the first paragraph of Article 5 of the Provisions on the Administration of Maritime Navigational Warnings and Navigational Notices, fails to apply to the maritime administrative agency for issuing the maritime navigational warnings and navigational notices prior to carrying out the following activities in the coastal waters of the People’s Republic of China, that party shall be ordered to stop such activities and may be imposed on a fine of less than 2,000 Yuan pursuant to Article 17 of the Provisions on the Administration of Maritime Navigational Warnings and Navigational Notices:
1) Changing the sea route or trough;
2) Demarcating, changing, or canceling a restricted navigation area, mud casting area, aquatics breeding area, speed testing area, or water entertainment area;
3) Setting up or removing public compass signs or demagnetizing fields;
4) Salvage sunk vessels or objects;
5) Laying out, removing, or checking and repairing cables and pipelines;
6) Setting up, or removing vessel buoys or other buildings;
7) Setting up, or removing the installations of marine exploration and development and the safety areas thereof;
8) Undertaking the operations such as sea sweeping, dredging, explosion, piling and pulling of stakes, lifting, or drilling, etc.;
9) Carrying out towing operations of which the length, height, or weight is too much for the navigation capacity of the vessel;
10) Carrying out ocean geological surveys, prospecting, and hydrographic surveys that hinder marine navigation safety; and
11) Carrying out any other activities affecting the safety of marine navigation and operations.

Article 50 If an applicant, as in violation of the first paragraph of Article 5, and Article 8 of the Provisions on the Administration of Maritime Navigational Warnings and Navigational Notices, fails to carry out the activities within the time and area ratified by the competent authorities of the state or the region after the navigational warning or notice has been issued, or failing to apply for issuing new navigational warnings or notices pursuant to the provisions when the time or area of the activities need to be changed, that applicant shall be ordered to stop the activities and may be imposed on a fine of less than 2,000 Yuan pursuant to Article 17 of the Provisions on the Administration of Maritime Navigational Warnings and Navigational Notices.

Article 51 If a party, as in violation of Articles 6 and 7 of the Provisions on the Administration of Maritime Navigational Warnings and Navigational Notices, fails to apply for issuing of the maritime navigational warning or notice within the prescribed time limit, that party may be given a warning and may be imposed on a fine of less than 800 Yuan concurrently pursuant to Article 18 of the Provisions on the Administration of Maritime Navigational Warnings and Navigational Notices.

Article 52 If a party, in violation of Article 14 of the Provisions on the Administration of Maritime Navigational Warnings and Navigational Notices, fails to comply with the provisions to receive the maritime navigational warning broadcasted by the coast broadcasting station, the relevant liable personnel on the vessel or installation may, regarding the circumstances, be given a warning, or their job certificates may be detained or revoked pursuant to Article 19 of the Provisions on the Administration of Maritime Navigational Warnings and Navigational Notices.

Article 53 If a party, as in violation of the Provisions on the Administration of Maritime Navigational Warnings and Navigational Notices, causes a maritime traffic accident, that party may be given the following administrative punishments regarding the seriousness of the circumstances according to Article 20 of the Provisions on the Administration of Maritime Navigational Warnings and Navigational Notices, apart from assuming the civil compensation liabilities according to law:
1) For an illegal act in non-business activities, the owner or operator of the vessel or installation shall be imposed on a fine ranging from 300 Yuan to 1,000 Yuan; the captain or the major person in charge of the installation, and other directly liable persons shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan, and their job certificates of crew membership shall be detained for 3 to 12 months.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel or installation shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain or the major person in charge of the facilities, and other directly liable persons shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 20,000 Yuan at the maximum, and their job certificates of crew membership may be detained for 12 to 24 months, or even be revoked.
3) For an illegal act in business activities, if there are no illegal proceeds, the vessel or installation shall be imposed on a fine ranging from 300 Yuan to 10,000 Yuan; the captain or the major person in charge of the installation, and other directly liable persons shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan, and their job certificates of crew membership shall be detained for 6 to 24 months.

Article 54 If a party, in violation of Article 22 of the Maritime Traffic Safety Law, establishes or constructs any installations or carries out any other activities hindering navigation safety in a port area, anchorage, navigation lane, crowded navigational area, as well as the navigation routes announced by the maritime administrative agency, that party shall be imposed on a fine of the following amounts pursuant to Article 44 of the Maritime Traffic Safety Law, apart from the owner of such installations being ordered to remove or dismantle them within the prescribed time limit:

1) For an illegal act in non-business activities, a fine ranging from 200 Yuan to 1,000 Yuan shall be imposed.
2) For an illegal act in business activities if there are any illegal proceeds, a fine of less than 3 times of the value of the illegal proceeds and no more than 30,000 Yuan at the maximum shall be imposed.
3) For an illegal act in business activities, if there are no illegal proceeds, a fine ranging from 300 Yuan to 10,000 Yuan shall be imposed.

Article 55 When removing or dismantling installations, salvaging or removing sunk ships or objects, or handling the finishing matters of underwater projects, if a party leaves behind any hidden dangers menacing the safety of navigation or operation, or before the aforesaid operations, the owner or operator has not erected the mark as required and has not made an accurate report to the maritime administrative agency on the name, shape, size, and location of the obstacle, and the depth of water over it in violation of Article 26 of the Maritime Traffic Safety Law, a fine of the following amounts shall be imposed pursuant to Article 44 of the Maritime Traffic Safety Law:

1) For an illegal act in non-business activities, a fine ranging from 200 Yuan to 1,000 Yuan shall be imposed.
2) For an illegal act in business activities, if there are any illegal proceeds, a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum shall be imposed.
3) For an illegal act in business activities, if there are no illegal proceeds, a fine ranging from 300 Yuan to 10,000 Yuan shall be imposed.

Section 7 Violations of the Administration of Safety Supervision of the Carriage of Dangerous Goods by Sea

Article 56 The term “dangerous goods” as mentioned in the present Section refers to the goods that are explosive, inflammable, poisonous, eroding, or radioactive, etc., that are likely to cause personal injury, property damage or loss, or environment pollution in the course of transport, loading and unloading, and storage, and that need special protection. Such goods include dangerous chemicals.

Article 57 If the crew member of a vessel engaging in carriage of dangerous chemicals obtains the job qualification certificate, in violation of the Regulation on the Safety Administration of Dangerous Chemicals, without passing the assessment, that crew member shall be imposed on a fine ranging from 20,000 Yuan to 100,000 Yuan pursuant to Article 66 of the Regulations on the Safety Administration of Dangerous Chemicals.

Article 58 If a party commits any of the following acts in violation of the Regulation on the Safety Administration of Dangerous Chemicals, that party shall be ordered to rectify such act immediately or within a prescribed time limit pursuant to Article 59 of the Regulation on the Safety Administration of Dangerous Chemicals; and that party shall be ordered to stop the business for rectification if it fails to rectify such act within the said time limit:
1) The vessel carrying dangerous chemicals or the containers equipped thereon have not passed the inspection pursuant to the relevant criteria of the state;
2) Where the dangerous chemicals are carried by a vessel, the material, type, specifications, and method of packaging, and the quality (weight) of a single package do not correspond to the nature and usage of the dangerous chemicals packed;
3) Where the dangerous chemicals are carried by a vessel, the packages and containers which are used repeatedly are not inspected before use; or
4) Where the dangerous chemicals are carried by a vessel, the packages and containers which have not passed the inspection are used to pack, contain and carry the chemicals.

Article 59 If a vessel, as in violation of the Regulation on the Safety Administration of Dangerous Chemicals, fails to comply with the relevant laws, regulations, and rules of the state and the state standards, and to take necessary protection measures according to the characteristics of the dangerous chemicals in transporting, loading and unloading dangerous chemicals, that vessel shall be imposed on a fine ranging from 20,000 Yuan to 100,000 Yuan pursuant to Article 66 of the Regulation on the Safety Administration of Dangerous Chemicals.
The expression “failing to comply with the relevant laws, regulations, and rules of the state and the state standards, and to take necessary protection measures according to the characteristics of the dangerous chemicals” as mentioned in the preceding paragraph of this Article includes the following situations:

1) The vessel carrying dangerous chemicals has not prepared emergent schemes and equipped corresponding rescue equipment and fittings pursuant to the relevant provisions;
2) The vessel carrying dangerous chemicals, when entering or exiting a port, has not gone through the report formalities with the maritime administrative agency according to law;
3) The vessel carrying dangerous chemicals berths without authorization at the anchorage, dock, or other waters where vessels carrying dangerous chemicals should not berth;
4) The packages or marks of the dangerous chemicals carried on the vessel are not in conformity with the relevant provisions;
5) In the event a leakage or accident, the vessel carrying dangerous chemicals fails to take timely measures or to report to the maritime administrative agency;
6) Other situations that are not in conformity with the relevant laws, regulations, and rules of the state on dangerous chemicals, and the state standards of dangerous chemicals.

Article 60 If a vessel or installation, as in violation of Article 32 of the Maritime Traffic Safety Law, does not maintain the reliable equipment and conditions safe, or does not the state provisions governing the control and transport of dangerous goods other than dangerous chemicals when storing, loading, unloading, or transporting dangerous goods, that vessel or installation shall be given the following administrative punishments pursuant to Article 44 of the Maritime Traffic Safety Law:
1) For an illegal act in non-business activities, the owner or operator of the vessel or installation shall be imposed on a fine ranging from 300 Yuan to 1,000 Yuan; the captain or the major person in charge of the installation, and other directly liable persons shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan, and their job certificates of crew membership shall be detained for 3 to 12 months.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel or installation shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain or the major person in charge of the installation, and other directly liable persons shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 30,000 Yuan at the maximum, and their job certificates of crew membership may be detained for 12 to 24 months, or even be revoked.
3) For an illegal act in business activities, if there are no illegal proceeds, the vessel or installation shall be imposed on a fine ranging from 300 Yuan to 10,000 Yuan; the captain or the major person in charge of the installation, and other directly liable persons shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan, and their job certificates of crew membership shall be detained for 6 to 24 months.

The expression “not maintaining safe and reliable equipment and conditions” as mentioned in this article includes the following situations:

1) The vessel carrying dangerous goods other than dangerous chemicals has not prepared emergent schemes and equipped corresponding rescue equipment and fittings pursuant to the relevant provisions;
2) The vessel carrying dangerous goods other than dangerous chemicals or the containers equipped thereon have not passed the inspection pursuant to the relevant criteria of the state;
3) Where the vessels carries dangerous goods other than dangerous chemicals, the material, type, specifications, and method of packaging, and the quality (weight) of a single package are not corresponding to the nature and usage of the dangerous goods packed;
4) Where the vessel carries dangerous goods other than dangerous chemicals, the package marks are not in conformity with the relevant provisions; or
5) The vessel carrying dangerous goods other than dangerous chemicals has not equipped enough crew that have obtained the corresponding certificates of specialized training pursuant to the provisions.

The expression “not observing the state provisions governing the control and transport of dangerous goods other than dangerous chemicals” as mentioned in this Article includes the following acts:

1) The packages and containers which have not passed the inspection are used to pack, contain and carry the goods;
2) The packages and containers which are used repeatedly are not inspected before being used;
3) The signal of carriage of dangerous goods is not shown as required;
4) Necessary protection measures are not taken according to the characteristics of the dangerous goods
5) The dangerous goods are not inspected during the carriage as required;
6) The vessel carrying dangerous goods berths without authorization at the anchorage, dock, or other waters where vessels carrying dangerous goods should not berth;
7) In the event a leakage or accident of the vessel carrying dangerous goods, measures are not taken in good time or the event is not reported to the maritime administrative agency; and
8) Other acts of non-observance of the state provisions governing the control and transport of dangerous goods other than dangerous chemicals.

Article 61 If a vessel carrying dangerous goods other than dangerous chemicals, when entering or exiting a port, does not go through the procedures for declaration with the maritime administrative agency in violation of Article 33 of the Maritime Traffic Safety Law, the following administrative punishments shall be given pursuant to Article 44 of the Maritime Traffic Safety Law:

1) For an illegal act in non-business activities, the owner or operator of the vessel or installation shall be imposed on a fine ranging from 300 Yuan to 1,000 Yuan; the captain or the major person in charge of the installation, and other directly liable persons shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan, and their job certificates of crew membership shall be detained for 3 to 12 months.
2) For an illegal act in business activities, if there are any illegal proceeds, the vessel or installation shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain or the major person in charge of the installation, and other directly liable persons shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 30,000 Yuan at the maximum, and their job certificates of crew membership may be detained for 12 to 24 months, or be revoked.
3) For an illegal act in business activities, if there are no illegal proceeds, the vessel or installation shall be imposed on a fine ranging from 300 Yuan to 10,000 Yuan; the captain or the major person in charge of the installation, and other directly liable persons shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan, and their job certificates of crew membership shall be detained for 6 to 24 months.

Section 8 Violations of the Administration of Marine Salvage

Article 62 When a vessel, installation, or aircraft is in distress, if it fails to, as in violation of Article 34 of the Maritime Traffic Safety Law, report in good time to the maritime administrative agency the time and place of the accident, the extent of damage, the assistance required, and the cause of the accident, it shall be given the following administrative punishments pursuant to Article 44 of the Maritime Traffic Safety Law:
1) For an illegal act in non-business activities, the vessel or installation shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; the captain or the major person in charge of the installation shall be imposed on a fine ranging from 100 Yuan to 1,000 Yuan, and their job certificates of crew membership may be detained for 3 to 6 months.
2) For an illegal act in business activities, the vessel or installation shall be imposed on ranging from 200 Yuan to 10,000 Yuan; the captain or the major person in charge of the installation shall be imposed on a fine ranging from 100 Yuan to 8,000 Yuan, and their job certificates of crew membership may be detained for 6 to 12 months.

Article 63 When a vessel or installation in the vicinity of the scene of an accident receives a distress signal or discovers that people’s lives are endangered, if it does not rescue the people in distress insofar as its own safety is not seriously endangered or it does not promptly report to the maritime administrative agency the situation at the scene and its own name, call number and position in violation of Article 36 of the Maritime Traffic Safety Law, it shall be given the following administrative punishments pursuant to Article 44 of the Maritime Traffic Safety Law:

1) For an illegal act in non-business activities, the vessel or installation shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; the captain or the major person in charge of the installation shall be imposed on a fine ranging from 100 Yuan to 1,000 Yuan, and their job certificates of crew membership may be detained for 3 to 6 months.
2) For an illegal act in business activities, the vessel or installation shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan; the captain or the major person in charge of the installation shall be imposed on a fine ranging from 100 Yuan to 8,000 Yuan, and their job certificates of crew membership may be detained for 6 to 12 months.

Article 64 If a vessel or installation incurring a maritime traffic accident commits any of the following acts in violation of Article 37 of the Maritime Traffic Safety Law, it shall be given a warning, be imposed on a fine, or the job certificates of the crew membership shall be detained or revoked:
1) Not exchanging its name, nationality, and port of registry with the other ships or installations;
2) Not rescuing the persons in distress;
3) Leaving or escaping from the scene of the accident insofar as its own safety is not seriously endangered.

The amounts of the fine, and the period of detaining of the job certificates of the crew membership, or the revocation of such certificates as provided for in the preceding paragraph of this Article shall be determined pursuant to the following provisions:

1) For an illegal act in non-business activities, the owner or operator of the vessel or installation shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; the captain or the major person in charge of the installation shall be imposed on a fine ranging from 100 Yuan to 1,000 Yuan, and their job certificates of crew membership may be detained for 3 to 6 months.
2) For an illegal act in business activities, the owner or operator of the vessel or installation shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan; the captain or the major person in charge of the installation shall be imposed on a fine ranging from 100 Yuan to 8,000 Yuan, and their job certificates of crew membership may be detained for 6 to 12 months.

Article 65 If any entity concerned, or a vessel or installation in the vicinity of the scene of an accident, in violation of Article 38 of the Maritime Traffic Safety Law, does not obey the unified command of the maritime administrative agency in the rescue, it shall be given the following administrative punishments pursuant to Article 44 of the Maritime Traffic Safety Law:
1) For an illegal act in non-business activities, the owner or operator of the vessel or installation shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan; the captain or the major person in charge of the installation shall be imposed on a fine ranging from 100 Yuan to 1,000 Yuan, and their job certificates of crew membership may be detained for 3 to 6 months.
2) For an illegal act in business activities, the owner or operator of the vessel or installation shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan; the captain or the major person in charge of the installation shall be imposed on a fine ranging from 100 Yuan to 8,000 Yuan, and their job certificates of crew membership may be detained for 6 to 12 months.

Article 66 If a foreign country, in violation of Article 39 of the Maritime Traffic Safety Law, dispatches any vessel or aircraft into the territorial waters or the airspace over the territorial waters of China to seek for and rescue vessels or people in distress without approval of the maritime administrative agency, the following administrative punishments shall be given pursuant to Article 44 of the Maritime Traffic Safety Law:

1) For an illegal act in non-business activities, the owner or operator of the vessel shall be imposed on a fine ranging from 300 Yuan to 1,000 Yuan; the captain shall be imposed on a fine ranging from 200 Yuan to 1,000 Yuan.
2) For an illegal act in business activities, if there are any illegal proceeds, the owner or operator of the vessel shall be imposed on a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum; the captain shall be imposed on a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 20,000 Yuan at the maximum.
3) For an illegal act in business activities, if there are no illegal proceeds, the owner or operator of the vessel shall be imposed on a fine ranging from 300 Yuan to 10,000 Yuan; the captain shall be imposed on a fine ranging from 200 Yuan to 10,000 Yuan.

Section 9 Violations of the Administration of Marine Salvage

Article 67 The terms “foreign merchants”, “sunk ships and objects”, and “wrecking operations” as mentioned in the present Section have the same meanings as those of the corresponding terms used in the Measures for the Administration of Foreign Merchants’ Participation in the Salvage of Sunk Ships and Objects in the Coastal Waters of China.

Article 68 With respect to the sunk or drifting objects that may affect the safety of navigation and the management of navigation lanes, and that constitute a threat of explosion, if the owner or operator of such objects, in violation of Article 40 of the Maritime Traffic Safety Law, fails to wreck and remove them within the time limit fixed by the maritime administrative agency, the following administrative punishments shall be given pursuant to Article 44 of the Maritime Traffic Safety Law:

1) For an illegal act in non-business activities, a fine ranging from 200 Yuan to 1,000 Yuan shall be imposed in the case of a legal person or other organization; and a fine ranging from 100 Yuan to 1,000 Yuan shall be imposed in the case of a natural person.
2) For an illegal act in business activities, if there are any illegal proceeds, a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at the maximum shall be imposed in the case of a legal person or other organization; and in the case of a natural person, a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 20,000 Yuan at the maximum shall be imposed.
3) For an illegal act in business activities, if there are no illegal proceeds, a fine ranging from 300 Yuan to 10,000 Yuan shall be imposed in the case of a legal person or other organization; and a fine ranging from 200 Yuan to 8,000 Yuan shall be imposed in the case of a natural person.

Article 69 If a party, in violation of Article 41 of the Maritime Traffic Safety Law, wrecks or dismantles any sunk ships or objects in the coastal waters without approval of the maritime administrative agency, that party shall be given the following administrative punishments pursuant to Article 44 of the Maritime Traffic Safety Law:

1) For an illegal act in non-business activities, a fine ranging from 200 Yuan to 1,000 Yuan shall be imposed in the case of a legal person or other organization; and a fine ranging from 100 Yuan to 1,000 Yuan shall be imposed in the case of a natural person.
2) For an illegal act in business activities, if there are any illegal proceeds, a fine of less than 3 times the value of the illegal proceeds and no more than 30,000 Yuan at maximum shall be imposed in the case of a legal person or other organization; and a fine of less than 3 times the value of the illegal proceeds obtained by himself/herself and no more than 20,000 Yuan at the maximum shall be imposed in the case of a natural person.
3) For an illegal act in business activities, if there are no illegal proceeds, a fine ranging from 300 Yuan to 10,000 Yuan shall be imposed in the case of a legal person or other organization; and a fine ranging from 200 Yuan to 8,000 Yuan shall be imposed in the case of a natural person.

Article 70 If a foreign merchant, as in violation of the Measures for the Administration of Foreign Merchants’ Participation in the Salvage of Sunk Ships and Objects in the Coastal Waters of China, wrecks any sunk ships or objects in the coastal waters of China without authorization, that foreign merchant shall be ordered to stop the salvage operation, be given a warning or be imposed on a fine of less than 1,000 Yuan pursuant to Article 20 of the Measures for the Administration of Foreign Merchants’ Participation in the Salvage of Sunk Ships and Objects in the Coastal Waters of China.

Section 10 Violations of the Supervision over Coastal Water Environment Pollution Caused by Vessels

Article 71 The terms “dismantling vessels on sea”, “ports”, and “vessels” as mentioned in the present Section shall have the same meanings as those of the corresponding terms used in the Regulation on the Prevention of Environment Pollution Caused by Vessel Dismantling.
The terms “inner waters”, “marine environment pollution damage”, “discharging”, and “dumping” as mentioned in the present Section shall have the same meanings as those of the corresponding terms used in the Marine Environment Protection Law.

Article 72 If a party is in any of the following situations in violation of the Regulation on Prevention of the Environment Pollution Caused by Vessel Dismantling, that party shall be ordered to rectify the situation within a prescribed time limit, and may be imposed on a fine ranging from 10,000 Yuan to 100,000 Yuan according to different circumstances:

1) Setting up any vessel dismantling plant to dismantle vessels without holding an environment affection report (form) that has been approved;
2) In the event of pollution accident, neither reporting to the maritime administrative agency that supervises the pollution caused by vessel dismantling, nor taking measures to eliminate or control the pollution;
3) Dismantling a worn-out oil vessel without washing the cabins, discharging the pollutants, clearing the cabins, and conducting explosion tests; or
4) Causing serious pollution by arbitrary discharge or cast of pollutants.

Article 73 If a party is in any of the following situations in violation of the Regulation on Prevention of the Environment Pollution Caused by Vessel Dismantling, that party shall, apart from being ordered to rectify the situation within a prescribed time limit, be given a warning or imposed on a fine of less than 10,000 Yuan according to different circumstances pursuant to Article 18 of the Regulation on Prevention of the Environment Pollution Caused by Vessel Dismantling:
1) Refusing or obstructing the on-site inspection conducted by the maritime administrative agency or practicing frauds when being inspected;
2) Having not equipped and used pollution prevention facilities, equipment and fittings as required, and thus causing environment pollution;
3) In the event of pollution accident, failing to report to the maritime administrative agency supervising the pollution caused by vessel dismantling, though having taken measures to eliminate or control the pollution; or
4) After a vessel dismantling entity is closed down or moved to any other place, the clearing of the scene of the original site is not satisfactory.

Article 74 If a vessel commits any of the following acts as in violation of the Marine Environment Protection Law, that vessel shall be ordered to rectify such act within a prescribed time limit and be imposed on a fine pursuant to Article 73 of the Marine Environment Protection Law:

1) Discharging pollutants or other materials that are prohibited from discharging by the Marine Environment Protection Law to the coastal waters;
2) Not complying with the Marine Environment Protection Law when discharging pollutants to the sea, or discharging pollutants beyond the standards;
3) Dumping wastes to the sea without obtaining a permit for dumping to the sea; or
4) Causing marine environment pollution as a result of an accident or other sudden events and failing to take treating measures immediately.

For either of the acts mentioned in Items 1) and 3) of the preceding paragraph, a fine ranging from 30,000 Yuan to 200,000 Yuan shall be imposed; for either of the acts mentioned in Items 2) and 4) of the preceding paragraph, a fine ranging from 20,000 Yuan to 100,000 Yuan shall be imposed.

Article 75 If a vessel commits any of the following acts in violation of the Marine Environment Protection Law, that vessel shall be given a warning or be imposed on a fine pursuant to Article 74 of the Marine Environment Protection Law:

1) Not complying the provisions to report the relevant matters concerning discharge of pollutants or even refusing to make such report, or practicing frauds in the reporting;
2) Not complying with the provisions in reporting in the event of an accident or other emergent events;
3) Not complying the provisions to record the dumping or to submit the dumping report pursuant to the provisions; or
4) Refusing to report or making falsified report on the matters of carriage of harmful polluting goods by vessels.
For either of the acts mentioned in Items 1) and 3) of the preceding paragraph, a fine of less than 20,000 Yuan shall be imposed; for either of the acts mentioned in Items 2) and 4) of the preceding paragraph, a fine of less than 50,000 Yuan shall be imposed.

Article 76 If a vessel, as in violation of the second paragraph of Article 19 of the Marine Environment Protection Law, refuses the on-spot inspection or practices frauds when being inspected, that vessel shall be given a warning and be imposed on a fine of less than 20,000 Yuan pursuant to Article 75 of the Marine Environment Protection Law.

Article 77 If a vessel, as in violation of the Marine Environment Protection Law, causes damages to marine ecological systems, such as coral reefs, and mangroves, etc., or to the marine aquatic resources or the marine protection zones within port areas, that vessel shall be ordered to rectify the situation within a prescribed time limit and take remedy measures, and shall be imposed on a fine ranging from 10,000 Yuan to 100,000 Yuan concurrently pursuant to Article 76 of the Marine Environment Protection Law; and if there are any illegal proceeds, such proceeds shall be confiscated.

Article 78 If a vessel, as in violation of the second paragraph of Article 39 of the Marine Environment Protection Law, transfers dangerous wastes through coastal waters under the jurisdiction of the People’s Republic of China, the vessel illegally transporting those dangerous wastes shall be ordered to withdraw from the coastal waters under the jurisdiction of China, and be imposed on a fine ranging from 50,000 Yuan to 500,000 Yuan concurrently.

Article 79 If a party commits any of the following acts as in violation of the Marine Environment Protection Law, that party shall be given a warning or be imposed on a fine pursuant to Article 88 of the Marine Environment Protection Law:

1) The vessel is not equipped with the facilities and equipment for pollution prevention as required;
2) The vessel does not hold a certificate or document of pollution prevention;
3) The discharge and pollutants and the operations thereof are not recorded as required;
4) Marine environmental pollution is caused as a result of the operation of dismantling of vessels, restructuring of old vessels, salvage, and other on-water or underwater constructions and operations in the sea or the waters of port areas; or
5) The goods carried by a vessel are not in conformity with the conditions for pollution prevention and transportation.

For either of the acts mentioned in Items 1) or 5) in the preceding paragraph, a fine ranging from 20,000 Yuan to 100,000 Yuan shall be imposed; for either of the acts mentioned in Items 2) or 3) in the preceding paragraph, a fine of less than 20,000 Yuan; for the act mentioned in Item 4) of the preceding paragraph, a fine ranging from 50,000 Yuan to 200,000 Yuan shall be imposed.

Article 80 If a vessel, as in violation of the Marine Environment Protection Law, does not prepare an emergency scheme for leakage of oil, that vessel shall be given a warning or be ordered to rectify pursuant to Article 89 of the Marine Environment Protection Law.

Article 81 If a legal person or other organization has caused marine environmental pollution accident as in violation of the Marine Environment Protection Law, that legal person or organization shall, pursuant to Article 91 of the Marine Environment Protection Law, be imposed on a fine of 30% of the value of the direct losses according to the damages and losses caused, however, the maximum amount of the fine may not exceed 300,000 Yuan.

Section 11 Violations of the Investigation and Handling of Maritime Traffic Accidents.

Article 82 The term “maritime traffic accidents” as mentioned in the present Section has the same meaning as that of the corresponding term used in the Regulation on the Investigation and Handling of Maritime Traffic Accidents.

Article 83 If a party, in violation of the Regulation on the Investigation and Handling of Maritime Traffic Accidents, commits any of the following acts, the crew member concerned shall be given a warning or be imposed on a fine of less than 200 Yuan; and the owner or operator of the vessel shall be given a warning or be imposed on a fine of less than 5,000 Yuan pursuant to Article 29 of the Regulation on the Investigation and Handling of Maritime Traffic Accidents:
1) In the event of a maritime traffic accident, failing to report to the maritime administrative agency or to submit the Report of Maritime Traffic Accidents thereto within the prescribed period;
2) In the event of a maritime traffic accident and where the litigation, arbitration, or intermediation is carried out abroad, the owner or operator of the vessel failing to deliver the counterpart or photocopy of the written judgment, ruling, or intermediation to the maritime administrative agency of the port of registry of the vessel involved for record within the period specified in Article 32 of the Regulation on the Investigation and Handling of Maritime Traffic Accidents;
3) In the event of a maritime traffic accident, failing to sail to the designated place as required by the maritime administrative agency, or leaving the designated place without consent of the maritime administrative agency when no circumstances are found to endanger the safety of that vessel;
4) In the event of a maritime traffic accident, the report of the accident or the contents of the “Report of Maritime Traffic Accidents” are not in conformity with the requirements of Articles 5 and 7 of the Regulation on the Investigation and Handling of Maritime Traffic Accidents, or are untrue, and thus affect the investigation of the accident or cause losses to the relevant departments;
5) In the event of a maritime traffic accident, failing to following Article 9 of the Regulation on the Investigation and Handling of Maritime Traffic Accidents to apply for inspection and appraisal with the vessel inspection agency or supervisory organs of public security and fire fighting of the locality or of the first port of arrival, and to deliver the counterpart of the inspection report to the maritime administrative agency for record, and thus affecting the investigation of the accident;
6) Refusing to accept the investigation of the accident or obstructing or disturbing the maritime administrative agency in the accident investigation without justified reasons; or
7) Intentionally concealing the facts or providing falsified certificates when undergoing the accident investigation.

Chapter IV Procedures for Maritime Administrative Punishment

Section 1 Jurisdiction

Article 84 A case of maritime administrative punishment shall be under the jurisdiction of the maritime administrative agency of the place where the illegal act against maritime administration occurs, except there are otherwise provisions in laws, administrative regulations and the present provisions.
The term “place where the illegal act against maritime administration occurs” includes the place of initial occurrence, the place of process, and the place of result of the said act.

Article 85 The maritime offices under the maritime bureaus at various levels shall have jurisdiction over the following cases of maritime administrative punishment:

1) In the case of natural persons, the maritime administrative punishments of warnings, fines of less than 1,000 Yuan, detaining the job certificates of crew membership for 3 to 6 months;
2) In the cases of legal persons or other organizations, the maritime administrative punishments of warnings and fines of less than 10,000 Yuan.
The maritime bureaus at various levels shall have jurisdiction over all the cases of maritime administrative punishment within their respective jurisdictions.

Article 86 Where a dispute arises over the jurisdiction of a case of maritime administrative punishment, that case shall be submitted to the maritime administrative agency at the joint higher level for designation of jurisdiction.
Where a maritime administrative agency at a lower level deems that a case of maritime administrative punishment under its jurisdiction need to be handled by the maritime administrative agency at a higher level, it may report to the higher maritime administrative agency for decision.

Article 87 A maritime administrative agency shall transfer a case of maritime administrative punishment which is not under its jurisdiction to the maritime administrative agency which has the jurisdiction; if the maritime administrative agency to which the case is transferred deems that the transfer is improper, it shall submit that case to the maritime administrative agency at the joint higher level for designation of jurisdiction.

Article 88 A maritime administrative agency at a higher level shall make the decision on jurisdiction within 7 days from the day on which it receives the request for instructions for handling of a dispute over the jurisdiction of a case of maritime administrative punishment or for transferring of a case of maritime administrative punishment.

Section 2 Streamlined Procedures

Article 89 Where the facts of a violation of maritime administration are conclusive, there are statutory legal basis, and where the administrative punishment of a warning or a fine of less than 50 Yuan is imposed with respect to a natural person, or a warning or a fine of less than 1,000 Yuan is imposed with respect to a legal person or other organization, the decision of maritime administrative punishment may be made on the spot.

Article 90 The maritime administrative law enforcement personnel shall abide by the following procedures in making decisions of maritime administrative punishment on the spot:
1) Showing the certificate of maritime administrative law enforcement to the party concerned;
2) Informing the party concerned about the facts, grounds, and basis of the decision of maritime administrative punishment, as well as the rights that party enjoys according to law;
3) Listening to the opinions of the party concerned;
4) Reviewing the facts, grounds, and basis presented by the party concerned;
5) Filling in the decision of maritime administrative punishment of pre-determined format and unified number;
6) Delivering the written decision of maritime administrative punishment to the party concerned on the spot; and
7) Having the party concerned sign on the counterpart of the written decision of maritime administrative punishment.

Article 91 The maritime administrative law enforcement personnel shall, when making a decision of maritime administrative punishment on the spot according to law, submit the counterpart of the written decision of maritime administrative punishment to the maritime administrative agency it affiliates to within 3 days.

Section 3 General Procedures

Article 92 Except the cases in which maritime administrative punishments can be given on the spot, where a maritime administrative agency finds that any natural person, legal person, or other organization has committed an illegal act against maritime administration punishable by maritime administrative punishment according to law, it shall fill in the report of case filing of maritime administrative punishment within 7 days from the day of finding, and submit the report to the principal of the agency for approval, however, if there are otherwise stipulations in the present Provisions, such provisions shall be observed.
In the case of a maritime traffic accident in which maritime administrative punishments shall be given, the maritime administrative agency shall fill in the report of case filing of maritime administrative punishment within 7 days from the day of concluding the accident investigation, and submit that report to the principal of the agency for approval.

Article 93 With respect to the cases of maritime administrative punishment, a maritime administrative agency shall investigate and collect relevant evidence in a full, objective, and just manner; and it may make inspections where it is necessary.

Article 94 All the facts that can prove the true situations of a case of maritime administrative punishment are evidence. The types of evidence of the cases of maritime administrative punishment are as follows:
1) Documentary evidence;
2) Physical evidence;
3) Audio and video materials;
4) Witness’s testimony;
5) Statements of the parties concerned;
6) Expert conclusions;
7) Records of the on-site investigation and records made on the scene.

Article 95 In the investigation or inspection of a case of maritime administrative punishment, the principal of a maritime administrative agency shall appoint 2 or more maritime administrative law enforcement personnel as the investigators.
An investigator who has interest relationship with a given case shall withdraw from that case.

Article 96 Investigators shall show their certificates of maritime administrative law enforcement when making enquiry or examination, and shall make the records of the enquiry or examination.
The records of enquiry and examination shall be signed or sealed by the person being enquired or examined after that person confirms there is no mistake. Where that person refuses to sign or seal, the investigators shall indicate the situation on the records.
Where any state secrets, business secrets and individual privacy are involved, the maritime administrative agencies, and the investigation and examination personnel shall keep confidential of such information.

Article 97 The documentary evidence, material evidence, and audio and video materials collected in a case of maritime administrative punishment shall be original documents and materials. Where it is really difficult to collect the original documents and materials, the natural person, legal person, or other organization submitting the evidence may sign or seal on the duplication or photo, etc., and indicate the words of “same as the original documents (materials)”.
A maritime administrative agency may use the means of taking photos, recording the sound, and recording the video, and other investigation means allowed by the law.

Article 98 The investigation and examination personnel may, when consulting and taking the materials related to a case of maritime administrative punishment, extract or duplicate the relevant contents and indicate the sources.

Article 99 The investigation and examination personnel shall, making on-site investigation or examination of the materials or places related to a case, notify the party concerned to come to the scene, and shall make transcripts of on-site investigation or examination. Where the party concerned does not come to the scene or it is difficult to determine the party concerned for the present time, other persons on the scene may be asked to bear witness.
The transcripts of on-site investigation or examination shall be signed or sealed by the party concerned or by the witnesses; where such party refuses to sign or seal, the investigation personnel shall indicate the situation on the transcripts of the on-site investigation or examination.

Article 100 In the case of collecting samples as evidence, the party concerned shall be notified to come to the scene, and a list of the samples collected as evidence shall be made. Where the party concerned does not come to the scene or it is difficult to determine the party concerned for the present time, other persons on the scene may be asked to bear witness.
The list of samples collected as evidence shall be signed or sealed by the investigation personnel, and the party concerned, or the witnesses.
The maritime administrative agency shall keep the sample materials collected as evidence in good conditions; and shall return such materials in good time if necessary.

Article 101 With respect to special issues that need technical appraisal in order to ascertain the facts of a case of maritime administrative punishment, the maritime administrative agency shall retain the relevant technical appraisal institutions or the personnel with the specialized skills to make the appraisal, and give the appraisal conclusions, and sign or seal such conclusions.

Article 102 Where it is possible for the evidence of a case of maritime administrative punishment to be destroyed or lost, or be difficult to obtain in the future, the parties concerned or the relevant personnel may be notified to come to the scene and make the registration of evidence keeping in advance with approval of the principal of the maritime administrative agency, and a list of the evidence registered for keeping shall be made. Where the party concerned or the relevant personnel do not come to the scene or it is difficult to determine the party concerned or relevant personnel for the present time, other persons on the scene may be asked to bear witness.
The list of the evidence registered for keeping shall be signed or sealed by the investigation personnel, inspection personnel, and the party concerned, or the relevant personnel, or witnesses. Where such parties refuse to sign or seal, the investigation personnel shall indicate the situation on the list of the evidence registered for keeping.
The maritime administrative agency shall make any of the following handling decisions within 7 days with respect to the materials registered for keeping:
1) Those that need technical appraisal shall be submitted for appraisal pursuant to Article 101 of the present Provisions;
2) Where the maritime administrative punishment should not be imposed, the advance registration and keeping shall be rescinded, and the materials registered and kept in advance shall be returned in good time;
3) Those that should be handled otherwise as provided for by laws, regulations, and rules, shall be handled otherwise according to law.

Article 103 After the investigation of a case of maritime administrative punishment is completed, an investigation report shall be made, and together with the report of case filing of the violation of maritime administration and the evidence materials shall be transferred to the internal body in charge of legal affairs in the maritime administrative agency for preliminary examination.

Article 104 The internal body in charge of legal affairs in the maritime administrative agency shall adopt the written form in the preliminary examination of a case of maritime administrative punishment, the major contents of which include:
1) Whether the case is under the jurisdiction of that maritime administrative agency;
2) Whether the basic information of the parties concerned are clear;
3) Whether the facts of the case are clear, and whether the evidence is true and sufficient;
4) Whether the determination of the nature of the case is correct;
5) Whether the application of laws, regulations, and rules is correct;
6) Whether the administrative punishment is appropriate; and
7) Whether the procedures for handling cases are lawful.

Article 105 The internal body in charge of legal affairs in the maritime administrative agency shall, after finishing the preliminary examination, present written opinions pursuant to the following provisions and submit such opinions to the principal of the maritime administrative agency for examination:
1) Where the illegal facts are clear, the evidence is true and sufficient, the administrative punishment is appropriate, and the case handling procedures are lawful, and where there is no need of hearing or the parties concerned waive the hearing, consenting to the opinions of the internal body in charge of administrative law enforcement investigation, and suggesting informing the parties about such opinions after submitting them for approval;
2) Where the illegal facts are clear, the evidence is true and sufficient, the administrative punishment is appropriate, and the case handling procedures are lawful, and where a hearing shall be held pursuant to the provisions, consenting to the opinions of the investigators, and suggesting holding the hearing and informing the parties concerned about such opinions after submitting them for approval;
3) Where the illegal facts are clear, and the evidence is true and sufficient, but the determination of nature is not correct, and the application of laws and the administrative punishment is inappropriate, suggesting the investors to make modification;
4) Where the illegal facts are not clear and the evidence is insufficient, suggesting the investors to make supplementation and correction;
5) Where the case handling procedures are not in conformity with the law, suggesting the investigators to make correction;
6) Where the case is not under the jurisdiction of the maritime administrative agency, suggesting transferring it to others organs with the jurisdiction for handling.

Article 106 The principal of a maritime administrative agency shall, after finishing the examination, make the decision of giving administrative punishment, the decision of not giving administrative punishment, or the decisions of holding a hearing or transferring the case to other organs for handling pursuant to Article 38 of the Administrative Punishment Law.
Where the amount of the fine imposed on a natural person or the illegal proceeds confiscated from that person exceeds 10,000 Yuan, or the amount of the fine imposed on a legal person or other organization or the illegal proceeds confiscated there from exceeds 30,000 Yuan, as well as for the maritime administrative punishment of disqualification for vessel inspection, confiscation of a vessel, confiscation or revocation the job certificate of crew membership, or revocation of the entry and exit certificate of sailor, the principal of the maritime administrative agency shall make the decision through collective discussion.

Article 107 Where the principal of a maritime administrative agency, after examining the investigation report of a maritime illegal act, deems that administrative punishment should be imposed, the maritime administrative agency shall make a written notice of maritime illegal act and serve that notice to the party concerned, to inform that party about the facts, grounds, and evidence of the administrative punishment to be given, to inform the party concerned about the right to make statements and pleadings within 3 days from the day of receipt of that notice, and where a hearing should be held according to law, to inform the party concerned about the right to file the request for hearing within 3 days from the day of receipt of that notice.

Article 108 The maritime administrative agency shall fully hear the statements and pleadings presented by the party concerned, and shall review the facts, grounds, and evidence given thereby; where the facts, grounds, or evidence given by the party concerned are tenable, the maritime administrative agency shall accept the same.
Where a party concerned requests for organizing of a hearing, the maritime administrative agency shall do so pursuant to the provisions of Section 4 of the present Chapter.
Where a party concerned fails to present the statements or pleadings, or to request for organizing of a hearing within the prescribed time limit, that party shall be deemed to have waived the relevant rights.

Article 109 the maritime administrative agency shall make adopts written form when making a decision of maritime administrative punishment, and shall affix the stamp of that agency on that written form.

Article 110 A written decision of maritime administrative punishment shall be delivered to the party concerned on the spot after the maritime administrative agency announcing the decision, and the situation of informing shall be recorded in the receipt of service, which shall be signed or sealed by the party concerned; where the party concerned is not present, the written decision shall be served to that party by other means within 7 days according to law.

Article 111 A case of maritime administrative punishment shall be concluded within 2 months from the day on which the case is established. That period may be extended upon approval of the principal of the maritime administrative agency due to special needs, but it may only be extended to 3 months at the maximum. If the case cannot be concluded within 3 months, the handling period may be extended again upon approval of the maritime administrative agency at the next higher level, but may only be extended to 6 months at the maximum.

Section 4 Hearing Procedures

Article 112 Before making a decision of maritime administrative punishment of a fine of relatively large amount or of revocation of a certificate, the maritime administrative agency shall inform the party concerned of its right to request for holding a hearing; and where that party requests for a hearing, the maritime administrative agency shall organize the hearing.
The term “a fine of relatively large amount” as mentioned in the preceding paragraph of this Article refers to a fine of more than 10,000 Yuan imposed on a natural person, or a fine of more than 100,000 Yuan imposed on a legal person or other organization. Where the fine is imposed by a local maritime administrative agency, the “a fine of relatively large amount” may also be determined according to the standard fixed by the standing committee of the people’s congress or the people’s governments of the provinces, autonomous regions, and municipalities directly under the Central Government.

Article 113 A maritime administrative punishment hearing shall be organized pursuant to Article 42 of the Administrative Punishment Law.

Article 114 The hearers of a maritime administrative agency include the presiding hearer, hearing officers, and hearing clerks.
The presiding hearer shall be assumed by a person of the body in charge of legal affairs in the maritime administrative agency, who is not involved in the investigation of the case and who is appointed by the principal of the maritime administrative agency.
The hearers shall assumed by 1 or 2 persons of the maritime administrative agency who is not involved in the investigation of the case and who is appointed by the principal of the maritime administrative agency to assist the presiding hearer in organizing the hearing.
The hearing clerks shall be assumed by a person who is not involved in the investigation of the case and who is appointed by the principal of the maritime administrative agency to make the minutes of the hearing and to take care of other matters.

Article 115 Where a party concerned entrusts an agent to participate in the hearing, a power of attorney signed by that party shall be submitted to the maritime administrative agency.

Article 116 Where a party concerned has justified reasons for requiring postponing of the hearing, the hearing may be postponed for once upon approval of the maritime administrative agency.

Article 117 A maritime administrative punishment hearing shall be carried out pursuant to the following procedures:
1) Announcing the cause of case and the hearing disciplines;
2) Checking whether the party concerned, or the agent thereof, the investigators of that case, the witnesses, and other relevant personnel are present, and verifying the identities of the participants to the hearing;
3) Reading out and showing the decision of holding the hearing signed by the principal of the maritime administrative agency, announcing the names of the hearers, and informing the party concerned about its right to apply for withdrawal of the presiding hearer, and to make pleadings and cross-examination;
4) Announcing the start of the hearing;
5) The investigators of the case presenting the illegal facts and evidence of the party concerned, and explain the suggestions and legal basis for the administrative punishment to be given;
6) The party concerned, or the agent thereof, making pleadings and cross-examination with respect to the facts and evidence of the case, the application of laws, and the determination of administrative punishment, etc;
7) The presiding hearer enquiring the parties concerned, or the agents thereof, the investigators of the case and the witnesses with respect to the relevant issues of the case;
8) The party concerned and the investors may ask the present witnesses questions with respect to the relevant issues of the case;
9) The investors and the party concerned, or the agent thereof, of the case arguing in sequence over the facts involved in the case, the legality and authenticity of the evidence respectively presented by them, as well as the relevant issues;
10) When the arguing ends, the presiding hearer may seek opinions from the party concerned, or the agent thereof, and the investors of the case with respect to the facts, evidence and the relevant issues of the case;
11) Where the hearing is discontinued, the presiding hearer shall then announce the matters concerning the re-holding of the hearing;
12) The party concerned, or the agent thereof, making the final statements; and
13) The presiding hearer announcing the end of the hearing, and the minutes of the hearing being given to the party concerned, or the agent thereof, to sign or seal if they find no mistake after checking. If a party deems there is any mistake, that party shall have the right to request for supplementation or correction. Where the party refuses to sign or seal, the presiding hearer shall indicate the situation on the minutes of the hearing.

Article 118 In any of the following situations, the presiding hearer may decide to postpone the hearing:
1) A party concerned is unable to be present due to causes of force majeure;
2) A party applies for withdrawal at the time; and
3) Other situations in which the hearing should be postponed.

Article 119 In any of the following situations, the presiding hearer may announce to discontinue the hearing:
1) The evidence needs to be re-appraised or to be re-examined on the site;
2) A party concerned or the agent thereof raises new facts, grounds and evidence, which need to be investigated and verified by the investors of the case;
3) The legal person or other organization which is the applicant for the hearing is dissolved suddenly, and the successor of the rights and obligations has not been determined;
4) A party concerned is unable to continue participating in the hearing due to causes of force majeure;
5) During the process of the hearing, a party concerned or the agent thereof violates the hearing disciplines and the hearing can not be carried on as a result; and
6) Other situations in which the hearing should be discontinued.
In the event of discontinuance of a hearing, the situation shall be indicated in the minutes of the hearing, which shall be signed by the presiding hearer.

Article 120 After the situation causing the postponing or discontinuing of a hearing disappears, the presiding hearer shall decide the resuming of the hearing, and shall notify the participants to the hearing about the time and venue of the hearing.

Article 121 In any of the following situations, the hearing shall be terminated:
1) A party concerned or the agent thereof withdraws the request for hearing;
2) A party concerned or the agent thereof, after receiving the notice of hearing, fails to participate in the hearing without justified reasons;
3) A party concerned or the agent thereof withdraws from the hearing during the process without permission of the presiding hearer; and
4) Other situations in which the hearing should be terminated.
In the event of termination of a hearing, the situation shall be indicated in the minutes of the hearing, which shall be signed by the presiding hearer.

Article 122 After a hearing ends, the presiding hearer shall make a written report of maritime administrative punishment hearing according to the situations of the hearing, and after submitting that report, together with the minutes of the hearing, to the principal of the maritime administrative agency for examination, make the decision pursuant to Article 106 of the present Provisions.

Section 5 Enforcement Procedures

Article 123 For either of the situations specified in Item 1) or 2) of Article 47 of the Administrative Punishment Law, or for the situation specified in Article 48 of the Administrative Punishment Law, the maritime administrative agency, as well as the maritime administrative law enforcement personnel may confiscate the fines on the spot.
The fine shall be calculated in RMB, and a receipt of fine meeting statutory requirements shall be issued to the party concerned.
If a party refuses to pay the fine within the prescribed time limit without justified reasons, the maritime administrative agency shall impose on that party an extra of 3% of the amount of the fine each day according to law.

Article 124 If the punishment of detaining of certificate is imposed on a party, that party shall submit the certificate to be detained to the maritime administrative agency which made the punishment decision in good time. Upon expiration of the detaining, the maritime administrative agency shall return the detained certificate to the party, either may it notify that party to draw the said certificate.
If a party, who is punished by detaining of certificate, refuses to submit the certificate to be detained, the maritime administrative agency may extend the period for detaining the certificate or revoke that certificate.
If a party, who is punished by revoking of certificate, refuses to submit the certificate to be detained and revoked, the maritime administrative agency shall announce that certificate to be invalid.

Article 125 After imposing maritime administrative punishment to a crew member, the maritime administrative agency shall indicate the punishment in the Crew Member Service Register of that crew member.

Article 126 When punishing a party concerned by confiscating the vessel, the maritime administrative agency shall deal with the confiscated vessel according to law.

Article 127 If a party concerned neither applies for re-consideration or files a suit within the statutory time limit, nor performs the decision of maritime administrative punishment, the maritime administrative agency shall apply to the peoples’ court for mandatory enforcement according to law.

Article 128 After the execution of a case of maritime administrative punishment is completed, a conclusion form of maritime administrative punishment case shall be filled in, and all the case materials shall be put on archives, and be submitted to internal body in charge of legal affairs in the maritime administrative agency for registration and proper keeping.

Section 6 Supervision Procedures

Article 129 A natural person, legal person, or other organization shall have the right to appeal or expose the administrative punishment made by a maritime administrative agency.
The appeal or exposition made by the natural person, legal person, or other organization shall be accepted and examined by the internal body of legal affairs in the maritime administrative agency, and if that body deems that the maritime administrative punishment is in any of the following situations, such situation shall be rectified with consent of the principal of the maritime administrative agency:
1) The major facts are not clear and the evidence is insufficient;
2) The basis for application is wrong;
3) The statutory procedures are violated;
4) The power is exceeded or abused;
5) The specific administrative act is obviously inappropriate.

Article 130 If the internal body of legal affairs in the maritime administrative agency finds that the maritime administrative punishment made by the maritime administrative agency is in any of the situations specified in the second paragraph of Article 129, it shall make suggestions on rectification to the principal of the maritime administrative agency.

Article 131 If the maritime administrative agency at a higher level finds that the maritime administrative punishment made by the maritime administrative agency at a lower level is in any of the situations specified in the second paragraph of Article 129, it shall ordered the latter to correct such situation.

Article 132 Where the maritime administrative agency and the maritime administrative law enforcement personnel violate the law in making administrative punishment, they shall be held legally liable pursuant to the relevant provisions of the Administrative Punishment Law.

Chapter V Supplementary Provisions

Article 133 The terms “more than”, “less than”, and “no more than” as mentioned in the present Provisions all include the figure itself, except there are otherwise stipulations in the present Provisions.

Article 134 The term “day” as mentioned in the present Provisions refers to an office day.
The term “month” as mentioned in the present Provisions shall be calculated on a basis of 30 days.

Article 35 The maritime administrative agency shall, in handling of a maritime administrative punishment case, use the documents of maritime administrative punishment of the unified format fixed by the Ministry of Communications.

Article 136 The present Provisions shall take effect as of September 1, 2003. The Provisions of the People’s Republic of China on the Administration Punishments in Water Safety Supervision shall be abolished at the same time. Where any other relevant regulations promulgated by the Ministry of Communications prior to the implementation of the present Provisions conflict with the present Provisions, the latter shall prevail.

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