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Provisions of the People’s Republic of China on the Conditions for Maritime Administrative Licensing 2006
The Provisions of the People’s Republic of China on the Conditions for Maritime Administrative Licensing, which were adopted at the 29th ministerial meeting on December 15, 2005, are hereby promulgated, and shall come into force as of April 1, 2006.
Provisions of the People’s Republic of China on the Conditions for Maritime Administrative Licensing
Chapter I General Provisions
Article 1 The present Provisions are formulated in accordance with the Administrative License Law of the People’s Republic of China and the relevant maritime administration laws, administrative regulations, as well as the relevant international maritime conventions concluded or joined in by the People’s Republic of China, for the purpose of implementing maritime administrative licensing and maintaining the lawful rights and interests of each party of the maritime administrative licensing.
Article 2 The present Provisions shall be followed when applying for maritime administrative license, and examining and determining the maritime administrative licensing conditions on which the maritime administrative license is based.
The maritime administrative license as mentioned in the present Provisions shall refer to the administrative license established by the relevant water traffic safety, pollution prevention, and other maritime administration laws and administrative regulations, or by the decision of the State Council, implemented by the maritime administrative organs or by the Ministry of Communications, and handled specifically by the maritime administrative organs.
Article 3 No maritime administrative organ may increase, decrease, or alter the conditions for maritime administrative licensing without permission when examining and determining maritime administrative license. No decision on granting maritime administrative license may be made to those not complying with the corresponding conditions prescribed in the present Provisions.
Article 4 The conditions for maritime administrative licensing shall be publicized in accordance with the Provisions on the Procedures for Implementing Communications Administrative License. If any applicant requests to make explanations on the conditions for maritime administrative licensing, the maritime administrative organ shall give explanations.
Article 5 The maritime administrative organ of the state shall, according to the conditions for maritime administrative licensing, clarify uniformly the materials that shall be submitted by the applicants. The relevant maritime administrative organs shall publicize the contents of the materials.
When an applicant applies for maritime administrative license, it shall submit an application letter and the relevant materials as required, and shall be responsible for the truthfulness and efficiency of the materials submitted.
When an applicant applies for altering any maritime administrative license or extending the time limit for any maritime administrative license, he may only submit the relevant materials concerning the matter or condition that is altered; if there is no change in the materials submitted, it may no longer submit such materials.
Chapter II Conditions for Maritime Administrative Licensing
Section One Navigation Administration
Article 6 The conditions for licensing on the safety use of shorelines of navigable waters shall be:
1. The feasibility study on the projects, operations, and activities involving the use of shorelines has been completed;
2. The shorelines comply with the technical specifications and requirements for water traffic safety after technical assessment on the safety use of shorelines; and
3. Measures that may sufficiently eliminate the factors affecting water traffic safety have been formulated.
Article 7 The conditions for licensing of construction operations on the surface or the underwater of the navigable waters shall be:
1. Other relevant formalities for the construction operations have been gone through according to law;
2. The entities, personnel, ships, and facilities of the construction operations comply with the requirements for safety navigation, berth and operation;
3. The scheme for construction operations or activities has been formulated, including the time for starting and ending the construction operations or activities, place and scope, as well as the arrangement for the progress, and etc.;
4. Those construction operations that have great impact on the safety and pollution prevention have passed technical assessment on navigation safety and environmental impact; and
5. The safety and pollution prevention responsibility system has been set up, and the safeguard measures and corresponding emergency preparedness plans that comply with the requirements for water traffic safety and pollution prevention have been formulated.
Article 8 The conditions for licensing on carrying out digging, blasting, and other activities within the water area of a port shall be:
1. The approval of the competent department of port has been obtained;
2. The license on blasting operations has been obtained in accordance with the state provisions;
3. The entities of operation, personnel, and facilities thereof comply with the requirements for safety operation;
4. The scheme for digging and blasting operations has been formulated, including the time for starting and ending the operations, place and scope, as well as the arrangements for the progress, and etc.; and
5. The safety and pollution prevention responsibility system has been established, and the safeguard measures and corresponding emergency preparedness plans that comply with the requirements for water traffic safety and pollution prevention have been formulated.
Article 9 The conditions for the examination and approval of salvage operation on sinking ships and sinkers within navigable waters shall be:
1. The entities and personnel participating in the salvage shall have corresponding ability;
2. The agreement on salvage of sinking ships and sinkers has been concluded according to law;
3. The ships and facilities undertaking the salvage operation comply with the requirements for safety navigation, berth and operations;
4. The plan and scheme for salvage operation have been formulated, including the time for starting and ending the salvage, place and scope, and the arrangements for the progress, and etc.;
5. Those operations that have great impact on safety and pollution prevention have passed technical assessment on navigable safety and environmental impact; and
6. The safety and pollution prevention responsibility system has been established, and the safeguard measures and corresponding emergency preparedness plans that comply with the requirements for water traffic safety and pollution prevention have been formulated.
Article 10 The conditions for the examination and approval of delineation of restricted navigation zones, navigation channels (routes), traffic control areas, anchorage grounds, and safety operation zones of navigable waters shall be:
1. There are clear facts and necessary reasons for the demand of delineation of the water area;
2. The delineation complies with the requirements for the protection of military or major civilian targets nearby;
3. Those delineations that have great impact on water traffic safety and pollution prevention have passed technical assessment on navigation safety and environmental impact;
4. Survey or measurement has been conducted on the water areas that are used for setting up navigation channels (routes) and anchorage grounds, and the bottom characteristics, hydrogeology, meteorology, and other elements of the water areas satisfy the requirements for navigation safety; and
5. The delineation complies with the requirements for water traffic safety and pollution prevention, and the safeguard measures and pollution prevention measures have been formulated.
Article 11 The conditions for licensing a ship to enter into or cross-restricted navigation zones shall be:
1. There are clear facts and necessary reasons for entering into or crossing the restricted navigation zones due to safety of life, pollution prevention, security, and other special needs;
2. The safety and pollution prevention conditions in the restricted navigation zones are fit for the ship’s entering or crossing;
3. The ship satisfies the special requirements for water traffic safety and pollution prevention of the restricted navigation zones and has formulated the measures for ensuring the safety, pollution prevention and control, and protection of restricted navigation zones and emergency preparedness plan; and
4. In case the ship enters into or crosses restricted military navigation zones, it shall have been approved by the competent military department.
Article 12 The conditions for licensing of large tug facilities on water and movable platforms shall be:
1. There is real demand for tugging and necessary reasons;
2. The tugboat has worthiness for navigation and tugging, and the seafarers are qualified;
3. The towing operations on the sea have passed towage inspection, and have passed the corresponding safety technical assessment when towing objects of overweight, over-length, over-height, over-width, or semi-submersible objects in inland water;
4. The towing plan and towing scheme have been formulated, and there are clear estimated time and place for starting and ending the towing and the water areas for navigating through; and
5. The requirements for water traffic safety and pollution prevention have been satisfied, and the corresponding safeguard measures and emergency preparedness plans have been formulated.
Article 13 The conditions for the examination and approval of a foreign ship or airplane that enters into China to undertake maritime search and rescue shall be:
1. The entry is for the purpose of searching and rescuing lives at sea;
2. There is a clear search and rescue plan or scheme, including the time, place, and scope, as well as the basic information on the ship or airplane put in for search and rescue; and
3. If the dispatched airplane or ship for search and rescue is for military use, it shall have been approved by the competent military department.
Article 14 The conditions for the examination and approval of setup or dismantlement of coastal aids to navigation by entities other than the administration organs of aids to navigation shall be:
1. The aids to navigation to be set up and dismantled fall within the special aids to navigation set up by any citizen, legal person, or other organization himself/itself;
2. The setup and dismantlement of any aids to navigation comply with such requirements for the safety, economy, and convenience of navigation;
3. The aids to navigation and the distribution thereof comply with the relevant technical specifications and standards of the state;
4. The scheme for the design and construction of aids to navigation has been subject to special technical assessment or specialist demonstration;
5. In case of applying for setting up aids to navigation, a scheme for maintenance of aids to navigation has been formulated, and the maintenance entity in the scheme has set up quality assurance system for the maintenance of aids to navigations; and
6. In case of applying for setting up aids to navigation, the type of aids to navigation to be set up falls within the type of aids to navigation having been publicized, and has passed technical and economic demonstration.
The setup of aids to navigation as mentioned in the present Article shall include newly setup of aids to navigation, change of positions, and alteration of other status.
Section Two Administration on Ships
Article 15 The conditions for licensing a foreign ship to enter into the water area that is not open to the outside shall be:
1. The foreign ship has been approved by the local port inspection organ, competent military department, and local people’s government to enter temporarily into the water area that is not open to the outside;
2. The water area to be opened temporarily to the outside is fit for the entering of a foreign ship, and has the safety, pollution prevention, and security conditions for the navigation, berth, and operation of ships;
3. The ship status meets the requirements for water traffic safety, pollution prevention, and security for the water area to be entered into; and
4. The ship has formulated the measures for ensuring water traffic safety, pollution prevention, and security, and emergency preparedness plan thereof.
Article 16 The conditions for licensing a ship to enter and leave a port shall be:
The conditions for the examination and approval of an international ocean-going ship to enter a port shall be:
1. The ship has complete and effective certificates, documents, and materials;
2. The manning of the ship complies with the requirements for minimum safe manning, and the seafarers have the competency qualification;
3. The ship status satisfies such safety, pollution prevention, and security requirements as navigation, berth, and operation, and the various safety, pollution prevention, and security measures and preparedness plans have been formulated. If navigation guidance or protection is needed, it shall have applied to the maritime administrative organ;
4. The water area for the ship to enter or pass is the water area open to international ocean-going ships, and the wharfs, berths, and spots for loading and unloading outside the port satisfy the requirements for safety, pollution prevention, and security;
5. The ship that carries goods complies with the requirements for safe stowage and fastening, and has no goods or article that is prohibited from entering the territory by the state; and the ship that carries dangerous goods has gone through the declaration formalities for carrying dangerous goods as required; and
6. The nuclear-powered ships or other special ships comply with the relevant provisions of the laws, administrative regulations, and rules of our country.
The conditions for the examination and approval of an international ocean-going ship to leave a port shall be:
1. The ship has complete and effective certificates, documents, and materials;
2. The manning of the ship complies with the requirements for minimum safe manning, and the seafarers have the competency qualification;
3. The ship status meets such safety, pollution prevention, and security requirements as navigation, berth, and operation, and the various safety, pollution prevention, and security measures and preparedness plans have been formulated. If navigation guidance or protection is needed, it shall have applied to the maritime administrative organ;
4. The certificate of readiness to load has been properly handled for the ship that carries dangerous goods, and the carriage conditions comply with the requirements for safety, pollution prevention, and security management of a ship that carries dangerous goods;
5. The safety inspection and defect correction on the ship conducted by the flag state or the port state of the ship comply with the prescribed requirements, and effective measures have been taken in answer to the warning of the maritime administrative organ;
6. Taxes, fees, and other fees that shall be paid before navigation have been paid according to law, or appropriate guaranty has been rendered;
7. The act in violation of maritime administration has been handled according to law;
8. The mandatory judicial or administrative measures that prohibit the ship from navigating have been lifted according to law;
9. The nuclear-powered ships or other special ships comply with the relevant provisions of the laws, administrative regulations, and rules of our country; and
10. It has been approved by other port inspection organs.
The conditions for a ship navigating on domestic routes to enter a port and be issued a visa shall be:
1. The ship has complete and effective certificates, documents, and materials;
2. The manning of the ship complies with the requirements for minimum safe manning, and the seafarers have the competency qualification;
3. The ship status meets such safety, pollution prevention, and security requirements as navigation, berth, and operation, and the various safety and pollution prevention measures and preparedness plans have been formulated. If navigation guidance or protection is needed, it shall have applied to the maritime administrative organ;
4. The water areas for the ship to enter or pass and the wharfs and berths for the ship to anchor satisfy the safety and pollution prevention requirements;
5. The ship that carries goods complies with the requirements for safety stowage and fastening, and the ship that carries dangerous goods has handled declaration formalities for a ship to carry dangerous goods as required; and
6. The nuclear-powered ships or other special ships comply with the relevant provisions of the laws, administrative regulations, and rules of our country.
The conditions for a ship navigating on domestic routes to leave a port and be issued a visa shall be:
1. The ship has complete and effective certificates, documents, and materials;
2. The manning of the ship complies with the requirements for minimum safe manning, and the seafarers have the competency qualification;
3. The ship status satisfies such safety, pollution prevention, and security requirements as navigation, berth, and operation, and the various safety and pollution prevention measures and preparedness plans have been formulated. If navigation guidance or protection is needed, it shall have applied to the maritime administrative organ;
4. The certificate of readiness to load has been properly handled for the ship that carries dangerous goods, and the carriage conditions comply with the requirements for safety and pollution prevention of a ship that carries dangerous goods;
5. The safety inspection and defect correction on the ship comply with the prescribed requirements, and effective measures have been taken in answer to the warning of maritime administrative organ;
6. Taxes, fees, and other fees that shall be paid before navigation have been paid according to law, or appropriate guaranty has been rendered;
7. The act in violation of maritime administration has been handled according to law;
8. The mandatory judicial or administrative measures that prohibit the ship from navigating have been lifted according to law; and
9. The nuclear-powered ships or other special ships comply with the relevant provisions of the laws, administrative regulations, and rules of our country.
Article 17 The conditions for issuing the certificate of nationality of a ship shall be:
The conditions for issuing the certificate of nationality of a ship shall be:
1. The ship is lawfully owned, operated，or managed by a citizen, legal person, government, or other organization of the People’s Republic of China, if the ship is owned by an enterprise legal person, the capital proportion of the Chinese party shall comply with the provisions of the Regulation on Ship Registration;
2. The ship has corresponding technical conditions for sea worthiness, and has passed the inspection of a ship inspection organ;
3. The ship does not have the circumstance that may result in double nationality or two or more ports of registry;
4. The ship has obtained the ship name verified by the maritime administrative organ;
5. The ship has handled registration on the ownership; and
6. The registrant of the nationality of the ship is the ship owner.
The conditions for issuing a temporary certificate of nationality of a ship shall be:
1. The ship that applies for the issuance of a temporary certificate of nationality falls within one of the following circumstances:
(1) It is a ship sold abroad, or a new build-to-order ship by an overseas citizen, legal person, or other organization within the territory of the People’s Republic of China, and is delivered overseas on CIF basis;
(2) It is a ship purchased from overseas by a citizen, legal person, government, or other organization of the People’s Republic of China or a build-to-order ship thereof, and is delivered overseas on FOB basis;
(3) It is a ship registered overseas, which is chartered by bareboat conditions by a citizen, legal person, government, or other organization of the People’s Republic of China; and
(4) It is a newly built ship within China that needs the handling of temporary registration of nationality.
2. The ship ownership has been obtained or an effective bareboat chartered contract has been concluded.
3. The registrant of the nationality of the ship is the ship owner or the charterer that operates an overseas-registered ship in the form of bareboat charter.
4. The ship has corresponding technical conditions for sea worthiness, and has passed the inspection of a ship inspection organ.
5. The ship does not have the circumstance which may result in double nationality or two or more ports of registry. And
6. The ship has obtained the ship name verified by the maritime administrative organ.
Article 18 The conditions for issuing an international ship security certificate shall be:
The conditions for approving a ship security plan shall be:
1. The ship has passed ship security assessment;
2. The ship security plan is compiled by a ship company or a prescribed security organization;
3. The ship security plan complies with the corresponding compiling criterions and the ship security requirements; and
4. The defects discovered in the ship security assessment have been corrected or arranged in a proper way.
The conditions for obtaining an international ship security certificate shall be:
1. The ship has effective certificate of nationality and Continuous Synopsis Record;
2. The ship is marked with a permanent identification number as required, and is equipped with a ship security alert system that satisfies the requirements of the 1974 International Convention for the Safety of Life at Sea as required;
3. The ship has been equipped with qualified ship security officers;
4. The ship has the approved Ship Security Plan; and
5. The ship has passed security checking.
The conditions for obtaining a temporary international ship security certificate shall be:
1. One of the following circumstances shall be complies with:
(1) The ship has not obtained the International Ship Security Certificate at the time when it is delivered or before it is put into operation or put into operation once again;
(2) The nationality of the ship is changed into Chinese nationality from a non-Chinese one; or
(3) The liabilities for operation of the ship are undertaken by the citizen, legal person, or other organization that has not operated this kind of ship.
2. The ship has passed ship security assessment.
3. The ship is equipped with a duplicate of the Ship Security Plan, which has been submitted for examination, reported for approval, and put into implementation.
4. The ship is marked with a permanent identification number as required, and is equipped with a ship security alert system that satisfies the requirements of the 1974 International Convention for the Safety of Life at Sea as required.
5. The company security officers have made plans and arrangements on the ship security checking work, and promised to pass the security checking within 6 months.
6. The ship has been equipped with the ship security officers that comply with the security requirements. And
7. The masters, ship security officers, and other crew members who undertake concrete security duties are familiar with the security functions and liabilities, and familiar with the relevant provisions of the Ship Security Plan.
Article 19 The conditions for issuing the documents of ship safety and pollution prevention certificates shall be:
The conditions for issuing security certificate of operation on high-speed passenger ships shall be:
1. The nationality registration on the ship has been gone through at the maritime administrative organ;
2. The water areas in which the ship navigates comply with the requirements for safety navigation of a high-speed passenger ship;
3. The ship has the technical conditions for the safety and pollution prevention of a high-speed passenger ship after the inspection of a recognized ship inspection organ, and has the corresponding certificates, documents, and materials as required;
4. The ship has formulated corresponding safety and pollution prevention safeguard measures and emergency preparedness plans; and complies with the ship security requirements for navigating at an international or overseas port; and
5. The seafarers have passed the special training on high-speed passenger ships as prescribed by the Ministry of Communications.
The conditions for issuance of the insurance of civil liabilities for oil pollution damage or other certificates of financial guarantee shall be:
1. The oil pollution insurance or other certificates of financial guaranty held by the ship is handled by the financial institutions or mutual-aid insurance institutions that have the corresponding compensation ability as publicized by the Maritime Safety Administration of the People’s Republic of China; and
2. The face amount satisfies the limit of liabilities undertaken.
Section Three Prevention of Pollution from Ships and Management on Dangerous Goods Carried by Ships
Article 20 The conditions for licensing of operations for the prevention of pollution from ships to the harbor water area shall be:
The conditions for licensing on the use of chemical oil-eliminating agents in a ship, wharf, or facility shall be:
1. The type of chemical oil-eliminating agents applied for use has been recognized by a professional institution;
2. The use complies with the prescribed scope of use and standard method of usage;
3. The doses applied for use equal to the amount for oil-elimination, and comply with the requirements for prevention of environmental pollution of water areas; and
4. There are measures or emergency preparedness plans for prevention of water area pollution and ensuring the safety.
The conditions for licensing a ship to use incinerators in a coastal port shall be:
1. The port does not have the corresponding ability for receiving and handling pollutants;
2. The ship storage equipment cannot meet the demand for next voyage;
3. The type of incinerators has been recognized by a professional institution and passed the inspection thereof;
4. The articles to be incinerated are the garbage or residue oil produced by the ship itself;
5. The relevant requirements for safety and pollution prevention have been complied with; and
6. The measures or emergency preparedness plans for the prevention of water area pollution and ensuring the safety has been formulated.
The conditions for licensing a ship to wash tank, clean cabins, and make gas freeing operation at the harbor water area shall be:
1. The ship has formulated operation schemes, safeguard measures, and emergency preparedness plans that comply with the requirements for safety and pollution prevention;
2. The equipment used by it fits the corresponding usage and has passed inspection;
3. The operators have passed corresponding training on safety and pollution prevention;
4. The operating entities have the corresponding ability;
5. The water area for gas freeing operation by the ship complies with the conditions for water traffic safety and pollution prevention; and
6. The scheme for disposal of pollutants generated from operations complies with the relevant provisions on the prevention of water area pollution.
The conditions for licensing a ship to discharge ballasting water, tank washing water, oil residues, and sewage with oil in the harbor water area shall be:
1. In case of discharging to the receiving ship or receiving facility, the receiving ship or receiving facility shall have the corresponding ability for receiving and disposal, and the personnel undertaking the operation of receiving hazardous pollutants have passed corresponding training;
2. In case of discharging to any water area, it shall comply with the corresponding standard of discharge;
3. The ballasting water and tank washing water from epidemic districts have been treated by the department of inspection and quarantine, which will not result in water area pollution;
4. The corresponding safety and pollution prevention measures and emergency response preparedness plan for the corresponding operations have been formulated; and
5. The plan for treatment of such hazardous pollutants as ballasting water, oil residues, and sewage with oil, and etc. complies with the relevant provisions on the prevention of water area pollution.
The conditions for licensing on gunwale rust eradicating and painting operations of a ship in coastal ports shall be:
1. The ship has made the corresponding safety and pollution prevention measures;
2. The ship has not carried out operation on loading and unloading of dangerous goods; and
3. The ship that carries out rust-eradicating operations does not carry dangerous goods.
The conditions for licensing on washing the deck stuck with pollutants and toxic and harmful substances shall be:
1. The pollutants and the toxic and harmful substances stuck in the deck have been sufficiently recycled and disposed;
2. The substances washed that are discharged into water comply with the standard for discharge;
3. The discharge water area is not the protective water area or discharging-prohibited water area as publicized by maritime administrative organs; and
4. The corresponding pollution prevention measures and emergency preparedness plans have been formulated.
The conditions for licensing on operation of ship dismantling on water and operation of ship repair and manufacture at sea shall be:
1. The place for operation of ship dismantling and ship repair and manufacture complies with the relevant provisions on pollution prevention, and has passed the assessment of a professional institution;
2. The operation schemes and the safeguard measures comply with the requirements for water traffic safety and pollution prevention;
3. The ship dismantling entities and ship repair and manufacture entities have formulated emergency plans for oil outflow pollution and been equipped with corresponding equipment and facilities;
4. Where there is necessity to measure the explosion, it shall hold the effective explosion measurement certificate;
5. The applicant for ship dismantling has handled registration on the ownership of scrapped steel ships according to law; and
6. The elimination has been completed on ship oil residues, sewage with oil, living sewage, rubbish, leftovers of goods, ozone depletion substances and other ship pollutants that may be eliminated before ship dismantling.
Article 21 The conditions for licensing of readiness to load of a ship that carries dangerous goods shall be:
1. The ship has complete and effective certificates, documents, and materials;
2. The dangerous goods declared comply with the requirements for readiness to load of a ship, and do not fall within the goods prohibited to be transported by water as prescribed by the state;
3. The facilities and equipment of the ship meet the requirements for carrying dangerous goods, and the carriage complies with the management provisions on safety, pollution prevention, and security for carrying dangerous goods and technical specifications thereof;
4. The port, wharf, and berth in which operations on loading and unloading of dangerous goods are to be conducted have the legal qualification for operation of dangerous goods, and comply with the safety and pollution prevention requirements for operation of dangerous goods; and
5. Where there is necessity to go through the formalities for import and export of goods, such formalities have been gone through in light of the relevant provisions.
Article 22 The conditions for licensing of lighter age operations on water on dangerous liquid goods in a ship shall be:
1. The ship or the floating facilities to conduct lighterage operations satisfy the requirements for water traffic safety and pollution prevention;
2. The goods to be operated shall be fit for lighterage;
3. The personnel taking part in the lighterage operations have undertaken corresponding training;
4. The water area for operation and its bottom characteristics, as well as the surrounding environment are fit for the normal carrying out of lighterage operations;
5. The lighterage operations do not pose threatening to the environment and resources of the water area, and the military targets and major civil targets nearby; and
6. The lighterage operation plans, safeguard measures, and emergency preparedness plans have been formulated, and comply with the requirements for water traffic safety and pollution prevention.
Section Four Administration on Seafarers
Article 23 The conditions for the issuance of competency certificate of a seafarer shall be:
The conditions for issuance of seafarers’ service books shall be:
1. The seafarers meet the prescribed age requirements;
2. The seafarers comply with the standard of physical examination on seafarers as promulgated by the Ministry of Communications; and
3. The seafarers have completed the prescribed basic safety training on seafarers, and have passed the examination or checking of the maritime administrative organs.
The conditions for the issuance of conformity certificate of professional or special training on seafarers shall be:
1. The seafarers have obtained seafarers’ service books as required;
2. The seafarers have passed the standard of physical examination on seafarers as promulgated by the Ministry of Communications;
3. The seafarers have the prescribed degree of education; and
4. The seafarers have completed the corresponding professional or special training, and have passed the examination and checking of the maritime administrative organs.
The conditions for the issuance of qualification certificate of seafarers shall be:
1. The seafarers have obtained the seafarers’ service books as required;
2. The seafarers meet the prescribed age requirements and comply with the standard of physical examination on seafarers as promulgated by the Ministry of Communications;
3. The seafarers have the prescribed professional degree (the sailors in inland waters shall have the corresponding degree of education) or have passed the competency training on assuming the relevant posts of seafarers as prescribed by the Ministry of Communications;
4. The seafarers have passed corresponding professional or special training;
5. The seafarers meet the prescribed service qualifications, and have good competency status and safe records; and
6. The seafarers have passed prescribed competency examination and assessment, and have completed the prescribed training or practices on a ship.
The conditions for the issuance of certificate of special exemption on a seafarer shall be:
1. The ship concerned to which the seafarers involved provide services is outside the People’s Republic of China;
2. The existing seafarer cannot fulfill his obligations to the post to be assumed by the seafarer involved continuously for illness or other force majeure;
3. If the seafarer involved has the qualification for assuming a lower level post to be assumed by him, but plans to assume the post of a master, he shall be the seafarer who assumes the highest qualification on the ship responsible for navigation watch;
4. The post is not that of a full-time personnel of wireless; and
5. The seafarers who hold the certificate of special exemption in the same ship shall not exceed the prescribed proportion.
The conditions for the issuance of qualification certificate of driving in inland waterways by seafarers of ocean-going ships shall be:
1. The seafarers hold effective qualification certificate of a master or driver of an ocean-going ship;
2. The seafarers have the experience for practice in the navigation route which corresponds to the grade of application and examination for ship navigation as set forth in the qualification certificate of seafarers of ocean-going ships for no less than 6 months or 10 single voyages.
3. If a ship may only navigate in the inland water navigating areas that apply the rules for ocean navigation after a seafarer has passed the prescribed competency examination and assessment, the examination and assessment may be exempted.
Article 24 The conditions for the examination and approval of a foreign seafarer to assume a post in the ship of Chinese nationality shall be:
1. The seafarer holds the qualification certificate of a seafarer, which is acknowledged by the Chinese government and issued by one contracting state of the 1978 International Convention on Standards of Training, Certification and Watch keeping for Seafarers.
2. The seafarer complies with the requirements for the competency qualification and training on the relevant seafarers as prescribed in the 1978 International Convention on Standards of Training, Certification and Watch keeping for Seafarers and by the Ministry of Communications;
3. The seafarer complies with the standards of physical examination on seafarers as promulgated by the Ministry of Communications;
4. The seafarer has the corresponding professional degree or has undertaken the competency training as prescribed by the Ministry of Communications;
5. The service qualifications, competency performance, and safety records comply with the provisions of the Ministry of Communications;
6. The seafarers’ entities have clear demand and necessary reasons; and
7. It complies with the provisions of the Ministry of Communications on appointing foreign seafarers in the ships of Chinese nationality.
In case any foreign seafarer who has held an effective Competency Certificate of Seafarers of the People’s Republic of China is to assume a post in a ship of Chinese nationality, he only needs to comply with the conditions as prescribed in items (5) through (7) of Paragraph One of the present Article.
Article 25 The conditions for the issuance of entry-exit certificate of a seafarer shall be:
The conditions for the issuance of the seafarer’s certificate of the People’s Republic of China shall be:
1. He is a citizen having reached the age of 18 and having the nationality of the People’s Republic of China;
2. He has obtained seafarers’ service book of the People’s Republic of China according to law;
3. He complies with the standard of physical examination on seafarers as promulgated by the Ministry of Communications after physical examination;
4. He has obtained the competency qualification of a seafarer on international ocean-going ships;
5. He has definite task for a seafarer to exit;
6. He is under no circumstance of prohibiting or restricting the handling of a seafarer’s certificate as prescribed in the seafarer’s certificate administration; and
7. He is under no circumstance of prohibiting the exit of a citizen as prescribed by any law or administrative regulation.
The conditions for the issuance of a seafarer’s exit certificate shall be:
1. He has obtained the seafarer’s certificate of the People’s Republic of China according to law,
and the valid period of the certificate is no less than six months to the expiry of the valid period; and
2. He has lawfully obtained the definite task for assuming the post of a seafarer at an overseas ship, and has the dispatch documents of the seafarer’s entity, guarantee documents of overseas agencies or other relevant certificates.
Section V Other Maritime Administrations
Article 26 The conditions for the issuance of conformity certificate of safety operation and pollution control ability of a shipping company shall be:
The conditions for the issuance of the Conformity Certificate of Ship Safety Operation and Pollution Prevention Management System of the company shall be:
1. The company has the qualification of a legal person;
2. The company has established ship safety operation and pollution prevention management system;
3. The management system has been operated for three months on the banks and representative ships of each type;
4. The company has passed the assessment of special institutions on ship safety operation and pollution prevention management system; and
5. Should the applicant be a Chinese legal person that owns or operates or manages ships of foreign nationality, the following conditions shall also be satisfied:
(1) The main business place of the company is in the China Mainland, or its legal representative or major senior executives are Chinese citizens;
(2) The relevant ships satisfy the requirements of the Ministry of Communications for the restrictions on the age of ship; and
(3) The maritime administrative organ has received the entrustment of the competent department of the government of the flag state.
The conditions for the issuance of the Temporary Conformity Certificate of the company shall be:
1. The company has the qualification of a legal person;
2. The company has not operated or managed ships after its establishment, or increases types of ships on the Conformity Certificate of Ship Safety Operation and Pollution Prevention Management System held by it;
3. The company has established ship safety operation and pollution prevention management system;
4. The company has made plans and arrangements on the implementation of the ship safety operation and pollution prevention management system within 6 months; and
5. The company has passed the assessment of a special institution on the ship safety operation and pollution prevention management system.
The conditions for the issuance of Safety Management Certificate shall be:
1. The ship has obtained the duplicate of the Conformity Certificate of Ship Safety Operation and Pollution Prevention Management System that fits this kind of ships;
2. The ship has been equipped with the documents applicable to the ship safety operation and pollution prevention management system, which are formulated by the company to which the ship is subordinated;
3. The ship safety operation and pollution prevention management system has been operated in the ship for at least three months; and
4. The ship has passed the assessment of a special institution on its ability of safety operation and pollution prevention management on ships.
The conditions for the issuance of Temporary Safety Management Certificate of a ship shall be:
1. The ship involved has just joined in the ship safety operation and pollution prevention management system of the company;
2. The ship has obtained the duplicate of the Conformity Certificate of Ship Safety Operation and Pollution Prevention Management System applicable to this kind of ships or the duplicate of the Temporary Conformity Certificate;
3. The ship has been equipped with the documents of ship safety operation and pollution prevention management system applicable to the ship itself, which are formulated by the company it is subordinated to; and
4. The ship has passed the assessment of a special institution on its ability of safety operation and pollution prevention management on ships.
Article 27 The conditions for the examination and approval of establishing a ship inspection organ shall be:
1. It shall have the inspection place, equipment, apparatus, and materials accommodating to the ship inspection business to be undertaken;
2. It shall have the corresponding ship inspection capacity and corresponding ability to responsibility;
3. It shall have practicing ship inspection personnel accommodating to the ship inspection business to be undertaken;
4. It shall have the corresponding articles of association on inspection, inspection work system, and the management system for ensuring the ship inspection quality;
5. The scope of ship inspection business to be undertaken complies with the provisions of the Ministry of Communications; and
6. Where there is necessity to establish a branch, the setup scheme and the management system shall comply with the requirements for ship inspection management.
Chapter III Supplementary Provisions
Article 28 In case the application formalities for maritime administrative license shall be handled by special organs or personnel as required, the special organs that handle the application formalities shall put it on archive at the maritime administrative organ, and the personnel shall be subject to corresponding training.
Article 29 In case any maritime administrative organ or any of its staff members violates the present Provisions, it/he shall be subject to the corresponding legal liabilities in accordance with the Administrative License Law and the Provisions on the Supervision and Inspection of Administrative Licensing on Communications and the Prosecution of Liabilities.
Article 30 The present Provisions shall be implemented as of April 1, 2006. In case any provisions of relevant maritime administrative licensing conditions promulgated by the Ministry of Communications before are inconsistent with the present Provisions, the present Provisions shall prevail from the day when the present Provisions take effect.
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