Regulation of the People's Republic of China on Seamen (2020 Revision)

Regulation of the People's Republic of China on Seamen (2020 Revision PKULAW Version) Regulation of the People's Republic of China on Seamen (Promulgated by the Order No. 494 of the State Council of the People's Republic of China on April 14, 2007; revised for the first time in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on July 18, 2013; revised for the second time in accordance with the Decision of the State Council on Amending Some Administrative Regulations on December 7, 2013; and revised for the third time in accordance with the Decision of the State Council on Amending Some Administrative Regulations on July 29, 2014; revised for the fourth time in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 1, 2017; revised for the fifth time in accordance with the Decision of the State Council to Amend Certain Administrative Regulations on March 2, 2019; and revised for the sixth time in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 27, 2020) Chapter I General Rules Article 1 This Regulation is formulated for the purpose of strengthening the administration of seamen, improving their caliber, safeguarding their legal rights and interests, ensuring on-water traffic safety and protecting the waters environment. Article 2 This Regulation applies to the registration, assumption of office, training and professional security of seamen and the provision of seaman service within the border of the People's Republic of China. Article 3 The administrative department of transportation of the State Council shall be in charge of the administration of seamen across the whole nation. The state maritime administrative organ shall be responsible for uniformly implementing the administrative work of seamen. The maritime administrative organs in charge of the water areas under the jurisdiction of the Central Government and those in charge of other water areas (hereinafter generally referred to as maritime administrative organs) shall be responsible for the administration of seamen in light of their respective duties. Chapter II Registration and Qualifications of Seamen Article 4 For the purposes of this Regulation, ‘seamen' means the personnel who have obtained the certificate of competency for seamen in accordance with this Regulation, including the master, officers and ratings. “Master” as mentioned above refers to the personnel who has acquired the qualification for holding the post of master in accordance with the provisions of this Regulation and is in charge of and take command of a ship. “Officer” as mentioned above includes chief mate, second mate, third mate, chief engineer, second engineer, third engineer, fourth engineer and communication personnel who have acquired the qualifications for holding corresponding posts in accordance with this Regulation, and other senior technical personnel and managerial personnel who hold posts on a ship. “Rating” as mentioned above refers to a seaman other than master or officer. Article 5 Seamen shall obtain the corresponding certificate of competency for seamen in accordance with this Regulation. Whoever applies for the certificate of competency for seamen shall meet the following conditions: (1) He or she has attained the age of 18 or above (an intern or trainee on board has attained the age of 16 or above) and is under the age of 60 when applying for the first time. (2) He or she satisfies the health requirements for the position he or she holds. (3) He or she has received basic safety training for seamen. Seamen participating in navigational and engineering watches shall also have received corresponding training on competency for seamen and special training, have obtained the corresponding qualifications for holding the seaman's positions, and have good performance and safety records. A seaman of an international navigation vessel who applies for the certificate of competency shall also have passed the professional foreign language proficiency test for seamen. Article 6 Whoever applies for the certificate of competency for seamen may file a written application with any maritime safety administration with the authority to issue the corresponding certificate of competency for seamen, to which the supporting materials proving that the applicant meets the conditions set forth in Article 5 of this Regulation shall be attached. If the applicant meets the prescribed conditions and has passed the examination for holding the seaman's position organized by the maritime safety administration of the state, the maritime safety administration shall issue the corresponding certificate of competency for seamen and seaman's record book. Article 7 The certificate of competency for seamen shall specify the navigation zone (line), vessel type and grade, the position that a seaman is competent for, term of validity, and other matters. The validity term of the certificate of competency for a seaman participating in navigational and engineering watches shall not exceed five years. The seaman's record book shall specify a seaman's name, domicile, contact person, contact information, his or her performance of duties, and other relevant matters. In the case of any modification to any matter specified in the seaman's record book, the seaman shall undergo modification formalities at the maritime safety administration. Article 8 The post of master of a ship of Chinese nationality shall be assumed by a Chinese seaman. Article 9 Where a Chinese ship cannot satisfy the minimum requirement for safe manning due to force majeure or any other special circumstance it encounters beyond the Chinese borders and needs to let a seaman at the next lower level to assume a post of the next higher level, it shall send an application to the maritime administrative organ, which shall issue corresponding certificates in light of the qualification and seniority, performance and safety records of the seaman to hold the post of the next higher level. Article 10 Where a personnel who have once worked at a military ship or fishing ship or a seaman with the certificate of competence for seamen of any other country or region applies for the certificate of competence for seamen in accordance with this Regulation, the maritime administrative organ may exempt him from the corresponding training or test. The specific measures shall be formulated by the administrative department of transportation of the State Council. Article 11 A Chinese seaman leaving and entering China or working on a foreign ship shall apply to the maritime administrative organ appointed by the state maritime administrative organ for the seaman's book of the People's Republic of China. To apply for a seaman's book of the People's Republic of China, one shall satisfy the following requirements: (1) He is a citizen of the People's Republic of China; (2) He has a certificate of competence for being a seaman of ships of international voyage or has a definite task to leave the country; (3) He is not under any circumstance under which he shall be prohibited from leaving the country. Article 12 The maritime administrative organ shall, within 7 days since the day when the application is received, make a decision on approval or disapproval. In the case of approval, a seaman's book of the People's Republic of China shall be issued; in the case of disapproval, a written notice thereon shall be sent to the applicant and corresponding reasons shall be given. Article 13 The seaman's book of the People's Republic of China is the certificate to prove a Chinese seaman's identity as a citizen of the People's Republic of China when he is performing tasks beyond the borders. Where a seaman's book of the People's Republic of China is lost, stolen or damaged, he shall apply to the maritime administrative organ for reissuing a new one. If the seaman is in a foreign country or region, he shall apply to the embassy or consulate of the People's Republic of China in that country or region. The valid period of the seaman's book of the People's Republic of China shall be no longer than 5 years. Article 14 Any seaman holding the seaman's book of the People's Republic of China shall, when he is in a foreign country or region, enjoy the rights and traffic convenience provided in the local laws, the relevant international treaties and shipping agreements concluded by the People's Republic of China with relevant countries. Article 15 A foreign seaman working on a Chinese ship shall have an employment permit in accordance with laws, administrative regulations and other relevant provisions of the state, and shall have corresponding certificate required by the administrative department of transportation of the State Council and the relevant identity certificate issued by the government of his home country. A foreign seaman working on a foreign ship which sails over, anchors off or operates at the water area which is under the jurisdiction of the People's Republic of China shall hold a corresponding certificate required by the international treaty concluded or acceded to by the People's Republic of China and the relevant identity certificate issued by his home country. Chapter III Duties of Seamen Article 16 A seaman shall satisfy the following requirements during the period when he is working on board a ship: (1) Carrying the valid certificates required by this Regulation; (2) Having good knowledge of the ship's seaworthiness status, navigation safeguard, weather and sea condition of the related navigating area, and other necessary information; (3) Observing the managerial system and watch-keeping provisions of the ship; maneuvering, controlling and managing the ship pursuant to the operating rules on on-water traffic safety and preventing ship pollution; truthfully filling in the relevant statute writs, and not concealing, altering or destroying any statute certificate or document; (4) Participating in emergency drills and rehearsals of the ship, and implementing various kinds of emergency and preventive measures in light of the emergency deployment of the ship; (5) Observing the reporting system of the ship, and reporting in a timely manner in case any dangerous situation, accident, security incident or any circumstance endangering navigation safety is found or occurs; (6) Doing his best to save personnel in danger under the precondition of not severely endangering his own personal safety; (7) Not illicitly carrying passengers or cargos, not bringing any prohibited article. Article 17 As for an order given by the master within his scope of functions and powers, all personnel on board shall carry it into effect. Officers shall organize subordinate seamen to ute the capital's orders and urge them to perform their duties. Article 18 The master shall satisfy the following requirements when he is in control and command of a ......