Department Of Transportation On The Modification Of The People's Republic Of China Crew Training Management Decision Rules (Amended In 2013)

Original Language Title: 交通运输部关于修改《中华人民共和国船员培训管理规则》的决定(附2013年修正本)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398691.shtml

Department of transportation on the modification of the People's Republic of China crew training management decision rules (amended in 2013)

    (December 24, 2013 to 2013 the Ministry of transport announced 15th come into force April 1, 2014) Department of transportation decided to the People's Republic of China crew training management rules (traffic transport 2009 10th) as follows: First, an article shall be added as article sixth, says "shipping companies and related organisations joining the crew training should be facilitated, organized training and knowledge on the Mariners ' training.

    ”

Second, added four in the eighth paragraph, as paragraph (VII), (VIII), (IX), (12), says: "(VII) electrical and electronic; (h) the senior sailor on duty; (IX) senior mechanic on duty;" and "(12) electronic technician;"

Article eighth fourth subparagraph (vi) and (VII), amended to "(f) security awareness; (g) the crew has the specified security responsibilities;" The eighth of the fourth paragraph of article (VIII) Amendment "(h) the ship security officer.

    ”

First paragraph of section three, the Nineth (a) to (14) is revised as follows:

"(A) basic training oil and chemical tanker cargo operations;

(B) the oil tanker cargo operations training;

(C) advanced training chemical tanker cargo operations;

(D) liquefied gas cargo operation basic training;

(E) liquefied gas cargo operation senior training;

(Vi) special training in crews on passenger ships;

(VII) special training in large ship manoeuvring;

(VIII) speed boat crew training;

(I) ships loading solid bulk job specific training hazardous and harmful substances; (J) the job specific training ship loaded with packaged dangerous and harmful substances.

” In the Nineth added to the second paragraph of article II, respectively, as in part (c), (h), reads: "(c) liquefied gas tankers;" and "(h) ship the liquefied gas fuel power plant.

    ”

Four, 11th and 12th amendment of article merged into one, as the 12th article, reads: "training institutions engaged in the training business, according to its category and project training, shall comply with the following conditions:

(A) is consistent with the Ministry of transport in accordance with the provisions of international conventions and training classes and projects that match the specific technical requirements of the premises, facilities and equipment.

(B) in line with the Ministry of transport in accordance with the provisions of international conventions and training classes and projects that match the specific technical requirements of teaching staff, teaching staff of 80% by People's Republic of China Maritime Safety Administration Organization of the examination, and obtain the appropriate certificate.

(C) fitting in with the crew training program managers:

1, full-time teaching staff, teaching facilities and equipment management, training management and archives management personnel;

2, teaching management of at least 2 people, with college degree or above in navigation and other professional college education, familiar with the relevant regulations, familiar with the management of training programs;

3, teaching facilities and equipment, management of at least 1 people, with college degree or above, proficient management of facilities and equipment.

(D) sound crew training management system, including student management system, management system of teaching staff and training curricula system, training certificate issuance system, teaching facilities and equipment, management systems and records management systems.

(E) a strong security system, including personal security protection system, and the emergency response. (F) meet the requirements of the Ministry of transport and maritime training quality control system.

    ”

Five, the 23rd is revised as follows: "training institution shall, in accordance with Department of transportation crew training program and water traffic safety, prevention of pollution from ships and other required training courses, development of training plans and training. Training providers training courses shall be subject to maritime administrative agency confirmed.

    ”

    Six, deletes Article 26th. Seven, add one, as the 34th article says: "training institutions training using simulators, Simulator that is used should be consistent with seafarers, 1978, as amended, training, certification and Watchkeeping standards of international conventions, as well as Simulator standards of functionality and performance requirements.

Simulation function and performance standards by People's Republic of China Maritime Safety Administration to develop. Before using the simulator training, training institutions should be fully tested to ensure it commensurate with the training objectives.

    ” Eight, the 37th article of the "maritime administrative agency shall check each train at least, focus on the following:" amended to read "the maritime administrative agency shall check each train at least, but confirmed by the evaluation quality system, quality of training and training institutions of the society in good standing, can be checked on a regular basis.

    Check should include the following key elements: "

Nine annex, delete these rules.

In addition, the provisions in order to make appropriate adjustments and modifications.

This decision shall enter into force on April 1, 2014.

    People's Republic of China crew training management rules, corresponding amendments shall be made according to this decision, republished.

    Attachment: People's Republic of China crew training management rules for 2013 (revised)

    (June 26, 2009 Department of transportation released December 24, 2013 2013 of 15th, the Ministry of transport announced, since April 1, 2014, the Ministry of transport to amend of People's Republic of China crew training management decision amendments to rules)

    Chapter I General provisions

    First to strengthen the management of crew training, guarantee the quality of training, improving the quality, according to the People's Republic of China regulations, as well as the crew People's Republic of China concluded or acceded to the relevant international conventions, these rules are formulated.

    Article in the People's Republic of China engaged in training operations in the applicable rules.

Third crew trains the socialized and engaged in training operations shall operate, honesty and credit, fair competition.

    Crew training management should be fair, just, open and accessible.

Fourth Department of transportation responsible for crew training nationwide.

People's Republic of China Maritime Safety Administration is responsible for the uniform implementation of training management.

    Maritime administrative agencies at all levels, in accordance with their respective functions specifically responsible for the supervision and administration of crew training.

    Fifth Ministry of transport shall, in accordance with the relevant laws, administrative regulations and the provisions of relevant international conventions to which China has concluded or, determine the specific training projects, development of appropriate training programs, and to the public.

    Article sixth shipping companies and related agencies joining the crew training should be facilitated, organized training and knowledge on the Mariners ' training.

    Chapter II the types of training and project

Crew training according to training is divided into seven crew basic safety training, seafarers ' training and special training in three categories.

    Crew training according to training subjects were divided into the seafarers ' training and ships crew training class.

Eighth crew basic safety training, refers to the crew prior to serve on the Board of personal survival skills, fire protection, basic first aid and personal safety and social responsibility training, include the following training programs:

(A) the basic security of seafarers;

    (B) the basic security of crew of inland waterway vessels.

Nineth seafarers training, competency certificates, crew told the crew needed to adapt to the proposed post of professional and technical knowledge and professional skills training, including on-the-job vocational training of the crew and crew skills competency training. Crew competency training is divided into the seafarers ' positions competency training and vocational training of crew of inland waterway vessels posts.

Among them, the seafarers jobs vocational training can only contain the following training programs:

(A) the master;

(B) the Chief Engineer;

(C) chief mate;

(D) second engineer;

(E) third officer;

(F) third Assistant Engineer;

(G) electrical and electronic;

(H) the senior sailor on duty;

(I) the senior mechanic on duty;

(J) the General mechanic on duty;

(11) common sailor on duty;

(12) electronic technician;

(13) global maritime distress and safety system (GMDSS) operator;

(14) the pilot;

(15) the dumb crew;

(16) water pilot;

(17) the ground-effect wing ship crews;

(18) the pleasure craft operators;

(19) the motor boat driver.

Inland Marine crew jobs vocational training can only contain the following training programs:

(A) the driving position;

(B) the marine positions.

Maritime professional skill competency training for seamen only, include the following training programs:

(A) proficiency in survival craft and rescue boats;

(Ii) proficiency in fast rescue boats;

(C) fire services;

(Iv) proficiency in medical first aid;

(E) health care on the ship;

(Vi) security awareness;

(G) the crew has the specified security responsibilities;

    (H) the ship security officer. Tenth special training in dangerous goods ships, passenger ships, large ships and other special training by the crew on the ship, divided into the seafarers ' special training and special training in inland waterway vessels the crew.

Among them, the seafarers training includes the following training programs:

(A) basic training oil and chemical tanker cargo operations;

(B) the oil tanker cargo operations training;

(C) advanced training chemical tanker cargo operations;

(D) liquefied gas cargo operation basic training;

(E) liquefied gas cargo operation senior training;

(Vi) special training in crews on passenger ships;

(VII) special training in large ship manoeuvring;

(VIII) speed boat crew training;

(I) ships loading solid bulk job specific training hazardous and harmful substances;

(J) the job specific training ship loaded with packaged dangerous and harmful substances.

Special training in inland waterway vessels the crew consists of the following training programs:

(A) the oil tanker;

(B) bulk chemical carrier;

(C) liquefied gas tankers;

(Iv) passenger vessels;

(E) high speed craft;

(Vi) ro-ro ships;

(G) the carriage of packaged dangerous goods shipping;

    (H) the ship the liquefied gas fuel power plant.

    Chapter III training license

11th crew training through a licensing system.

Training institutions shall, in accordance with the provisions of this rule, different crew training program, apply for and obtain a specific crew training license in order to undertake training operations.

Training institutions in the preceding paragraph refer to legally established institutions, enterprises or social organizations.

    Any State organs as well as seafarers ' training and examination authorities are not allowed to organize or participate in organized training of crews.
12th training institutions engaged in the training business, according to its category and project training, shall comply with the following conditions:

(A) is consistent with the Ministry of transport in accordance with the provisions of international conventions and training classes and projects that match the specific technical requirements of the premises, facilities and equipment.

(B) in line with the Ministry of transport in accordance with the provisions of international conventions and training classes and projects that match the specific technical requirements of teaching staff, teaching staff of 80% by People's Republic of China Maritime Safety Administration Organization of the examination, and obtain the appropriate certificate.

(C) fitting in with the crew training program managers:

1. full-time teaching staff and teaching facilities and equipment management, training management and archives management personnel;

2. teaching staff at least 2 people, with college degree or above in navigation and other professional college education, familiar with the relevant regulations, familiar with the management of training programs;

3. teaching facilities and equipment, management of at least 1 people, with college degree or above, proficient management of facilities and equipment.

(D) sound crew training management system, including student management system, management system of teaching staff and training curricula system, training certificate issuance system, teaching facilities and equipment, management systems and records management systems.

(E) a strong security system, including personal security protection system, and the emergency response.

    (F) meet the requirements of the Ministry of transport and maritime training quality control system.

13th training institutions applying for crew training operations shall be made to the People's Republic of China Maritime Safety Administration application, and submit the following application materials:

(A) applications for crew training;

(B) the corporate code certificate of training institutions;

(C) training venues, facilities, equipment, information note;

(D) information notes for teaching staff and supporting documents;

(E) management information and supporting documents;

(Vi) regulations, technical information as well as notes;

(G) the crew training management system and safety protection system of text;

(H) the training quality control system.

Training institutions applying for the seafarers ' training, should also be copied to the register and application materials directly under the Ministry of transport and maritime management agency.

    Training institutions engaged in inland shipping crew training operations, should also be copied to the register and application materials directly under the Ministry of transportation maritime administrative agency or provincial maritime authorities.

    Article 14th crew training application inadmissible should be in accordance with the relevant requirements of traffic regulations on the implementation of administrative licensing procedures shall be followed. 15th People's Republic of China Maritime Safety Administration shall from the date of acceptance of the application in the 30th, making the decision to approve or not to approve.

Approval, issued a People's Republic of China training certificate (hereinafter referred to as the crew training license); approved, notify the applicant in writing and state the reasons.

People's Republic of China Maritime Safety Administration after accepting applications for crew training, can be commissioned directly under the Ministry of transport and maritime management agency or provincial maritime administration of training institutions by field personnel. Site verification is on training whether licensing conditions for comprehensive, objective evaluations.

    Field verification of working time shall be included in the license terms.

16th crew training license shall set forth the name of the training institution, address, legal representative, granting crew training project, location, duration and other related matters.

    The crew training license is valid for 5 years.

17th crew training license items change, training institutions should People's Republic of China Maritime Safety Administration apply the change.

    Increased training program, an application shall be submitted in accordance with the provisions of these rules.

18th the crew training license verification system in implementing the medium-term.

    People's Republic of China Maritime Safety Administration shall from the date of the training license issued between the second anniversary to the third anniversary of the mid-term verification of the training agencies.

19th People's Republic of China Maritime Safety Administration during the verification process, the training institutions are required to submit the following materials:

(A) maritime training institutions in line with training permits description of the condition of materials;

(B) description crew training activities carried out;

(Iii) other related material. Pass the mid-term verification, People's Republic of China Maritime Safety Administration should be carried out on the crew training license endorsement; mid-term verification failed, People's Republic of China Maritime Safety Administration should be ordered to correct them.

    Training institutions have not corrected within the time limit specified, People's Republic of China Maritime Safety Administration corresponding the crew training license shall be revoked. 20th crew training institutions should be in the training of crews before the 30th, the date of the expiry of the permit, People's Republic of China Maritime Safety Administration to apply the training license extension procedures.

People's Republic of China Maritime Safety Administration shall from the date of accepting an application for continuation in the 30th, making the decision to approve or not to approve.

Apply for a training license extension procedures, shall submit the following materials:

(A) the training license renewal application;

    (B) the first paragraph of this rule 13th (b) through (VIII) provision of material.

Article 21st of the following circumstances, People's Republic of China Maritime Safety Administration should go through a training license cancellation procedures:

(A) training agencies to apply for cancellation;

(B) termination of legal person according to law;

    (C) the crew training license be revoked or cancelled.

    Implementation of the fourth chapter of training

22nd training institutions should be set out in accordance with a training license training program established by the maritime administrative agency, location and training of crew training.

    Crews should be made of the training bodies under training license, complete the project crew training.

23rd training institutions should be in accordance with Department of transportation crew training program and water traffic safety, prevention of pollution from ships and other required training courses, development of training plans and training.

    Training providers training courses shall be subject to maritime administrative agency confirmed.

    24th training institutions all training venues, facilities, equipment should be in good used condition, and should have plenty of spares, consumables should be added for training, protection training as normal.

25th in crew training instructors shall not be more than two training institutions as their own instructors.

    Referred to in the preceding paragraph "private teacher" means the term of the contracts of work with training institutions in more than 1 year teacher.

Article 26th training the crew training license shall be prominently hung in the business premises, publicity, charges, fees, and teacher training projects and so on.

    Training institutions to refrain from unfair competition by means of cheating students training and business activities.

    27th training institutions should be to inform the student during enrollment People's Republic of China Maritime Safety Administration Regulations for crew training age, holder, boat services, qualifications, work experience seniority, security service records, health requirements.

    28th training institution shall, in accordance with article People's Republic of China Maritime Safety Administration provides for training records.

29th training institutions should be in each course having a 3rd in written or electronic training programs reported to the maritime administrative agency for record, record content should include training and teaching plans and schedules, and take on the training of teaching faculty and training facilities, equipment, teaching materials and other preparations.

    Training institutions should be in each course start date of the 3rd student rosters to the maritime administrative agency for record.

    Article 30th training institutions should maintain effective operation of quality control system for crew training.

31st training institutions should participate in the training of the students in this body to establish training records and training after the proof of appropriate training.

    Students of attendance less than the prescribed training hours of training 90% training institution shall not issue a training certificate.

    Article 32nd after the training, trainees completed the training and prove, you can apply to the maritime administrative agency examinations, assessment of the appropriate training program.

    Article 33rd has been completed in accordance with the provisions of training and examinations, assessment of qualified students, issued by the maritime administrative agency according to the relevant provisions of the corresponding exam, assessment certificate. Article 34th training institutions training using simulators, Simulator that is used should be consistent with seafarers, 1978, as amended, training, certification and Watchkeeping standards of international conventions, as well as Simulator standards of functionality and performance requirements.

Simulation function and performance standards by People's Republic of China Maritime Safety Administration to develop.

    Before using the simulator training, training institutions should be fully tested to ensure it commensurate with the training objectives.

    Fifth chapter of supervision and inspection

    35th the maritime administrative agency shall establish and improve crew training supervision and inspection system, supervise training providers crew training management system and security system.

    Article 36th shall be equipped with a maritime administrative agency People's Republic of China Maritime Safety Administration provisions in line with the training management, test equipment, information, assessments, certification requirements, establish training institutions within the jurisdiction file, for training providers to implement daily supervision and management and operational guidance. 37th the maritime administrative agency shall check each train at least, but confirmed by the evaluation quality system, quality of training and training institutions of the society in good standing, can be checked on a regular basis.

Check should include the following key elements:

(A) implementation of the teaching plan;

(B) to undertake the training task of teaching faculty and teaching;

(C) training facilities, equipment, material, additional information;

(D) training in accordance with requirements of teaching staff;

    (E) student attendance.

    Article 38th maritime administrative agency when conducting supervision and inspection, 2 or more law enforcement personnel shall participate in and present a valid law enforcement document.

39th maritime administrative agency exercising supervision and inspection, may ask the parties to relevant training institutions or individuals to understand the situation, check out, copy the relevant information and keep training institutions surveyed commercial secrets or personal privacy.

    Supervise and check the maritime administrative agency shall do the related record and save it.
40th receive training in maritime administration supervision and inspection agencies or individuals, should faithfully reflect the situation and provide information.

    41st maritime administrative agency exercising supervision and inspection found that training institutions no longer have the license conditions, the maritime administrative agency shall order correction within.

    Training institutions have not corrected within the time limit specified, People's Republic of China Maritime Safety Administration corresponding the crew training license shall be revoked.

    42nd the maritime administrative agency shall publicize the crew training management, procedures, reports of phone, mailing address, email address and other information, and consciously accept the supervision.

    The sixth chapter legal liability

43rd in violation of the provisions of this rule, does not obtain the license without authorization to engage in training of crew training, by the maritime administrative agency fined a maximum of 50,000 yuan and more than 250,000, has illegally obtained, and shall confiscate the illegal income.

The preceding paragraph "does not obtain the license without authorization to engage in training of crew training" includes the following situations:

(A) No crew training license without engaging in crew training;

(B) to fraud, bribery and other illegal means to obtain the license for crew training;

    (C) without a permit, in accordance with the training matters enshrined in crew training.

    44th article violation this rules of provides, crew training institutions not according to traffic Transport Department provides of training outline and water Shang traffic security, and control ship pollution, requirements for training of, by maritime management institutions ordered corrected, can at 20,000 yuan above 100,000 yuan following fine; plot serious of, give temporarily buckle crew training license 6 months above 2 years following until revoked crew training license of punishment.

45th maritime administration staff has any of the following circumstances shall be given administrative sanctions:

(A) in violation of regulations for crew training license;

(B) does not perform its duty of supervision and inspection;

(C) no administrative statutory or administrative penalty according to law;

    (D) other acts of abuse their powers, neglect their duties.

    46th in violation of the provisions of these rules, serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

47th with a full-time marine technical secondary school, junior college or above education institutions which, by People's Republic of China Maritime Safety Administration agreed, enrolled full-time navigation students completed the school provided tutorial and get their diploma, equivalent to completion of this rule of three, third Assistant Engineer positions competency training.

    People's Republic of China Maritime Safety Administration shall regularly publish list of institutions referred to in the preceding paragraph.

    48th 1978, as amended by the seafarers ' training, certification and Watchkeeping standards issued by the other States parties to the International Convention on the Chinese crew of the training certificate of crew membership, People's Republic of China Maritime Safety Administration confirmed in accordance with the 1978 seafarer training and certification and the provisions of the STCW on minimum competency standards, may apply for issue a corresponding certificate in accordance with the regulations.

    49th training license from the People's Republic of China Maritime Safety Administration printed. 50th article of the rules come into force on October 1, 2009. Promulgated in 1997, the People's Republic of China crew training management rules (1997, traffic, 13th order) repealed simultaneously.