Department Of Transportation On The Modification Of The People's Republic Of China Seaman Service Regulation Decision

Original Language Title: 交通运输部关于修改《中华人民共和国船员服务管理规定》的决定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201311/20131100393588.shtml

Department of transportation on the modification of the People's Republic of China seaman service regulation decision

    (August 31, 2013 the Ministry of transport [2013] 10th release come into force on the date of promulgation) Department of transportation decided to the People's Republic of China seaman Service Regulation (Ministry of transport, 2008 6th) as follows:

    First, one paragraph is added as a second paragraph to article sixth, says: "engaged in inland ship crew services business services, since the opening date of the 15th, holding business entity business license copy, proof of venue, personnel qualification and knowledge management systems to the industrial and commercial registration of the Agency directly under the Ministry of transportation maritime administrative agency or local maritime administrative agency for record".

    Bis, the Nineth and tenth in the 28th, "crew member services" changed to "seafarers".

    Third, delete the 11th article.

    Four 29th, and be amended as: "in violation of these provisions, crew services is not institutional information, recruit or manage crew names, shipping companies and ships serviced by name, country and so on regularly to the maritime administrative agency for record, the maritime administrative agency shall order rectification, fined a maximum of more than 5000 Yuan and 20,000 yuan".

    Five, the People's Republic of China crew of individual provisions of the service regulations, "the crew service license" is amended as "the seafarers service license".

    This decision shall come into force as of the date of.

    People's Republic of China seaman service regulations be revised according to this decision, publish it again.

    Attachment: People's Republic of China seaman service management 2013 (revised) (July 22, 2008, released August 31, 2013, the Ministry of Transport Ministry of transport [2013] 10th release come into force on the date of promulgation of the Ministry of transport to amend of People's Republic of China seaman service decision amendments to regulations)

    Chapter I General provisions

    First to enhance the crew service management specification crew service, maintenance crews and crew services the legitimate rights and interests, under the People's Republic of China labour contract law of the People's Republic of China crew regulations and other laws and administrative regulations, this provision is enacted.

    Article People's Republic of China provide crew in service, and these provisions shall apply.

    Service crew in these rules refers to acting crew to apply for training, exam, apply for a certificate (including foreign crew certificate) and other relevant formalities, the acting crew employer management crew and ship manning and other related activities.

    Third crew, head of transportation services.

    People's Republic of China Maritime Safety Administration is responsible for the consistent implementation of seaman service management.

    Seafarers service administered by the Ministry of transport and maritime management agency specifically responsible for inland vessel crew services administered by the Department of transportation maritime administration, the local maritime authority is in charge.

    Fourth crew of State shall encourage the establishment of service industry associations, industry norms, improve service levels, strengthening industry self-discipline.

    Chapter II crew qualification services

    Article fifth crew member service organization is divided into inland vessel crew services and seamen service; the seafarers ' services are divided into two types of category a and category b.

    Inland vessel crew services refers to services provided to crew of inland waterway vessels crew agencies.

    Grade a seafarers service, refer to international navigation and domestic voyage, the crew of the ship's crew services providers.

    B the seafarers service refers to institutions serving internally seagoing crew crew.

    Article sixth institutions engaging in inland vessel crew services, shall comply with the following conditions:

    (A) in the People's Republic of China territory of legal persons established by law;

    (B) not less than 100 square metres of fixed work place;

    (C) there are 2 or more inland, first, second serving Marine Officer qualifications of full-time managers and 2 or more full-time staff;

    (D) under the People's Republic of China Maritime Safety Administration provisions established crew service quality management systems, personnel and resource guarantee system, the system of education and training, emergency response systems and services business reporting systems such as inland waterway vessels the crew management system.

    Engaged in inland ship crew services business services, since the opening date of the 15th, holding business entity business license copy, proof of venue, personnel qualification and knowledge management systems to the industrial and commercial registration of the Agency directly under the Ministry of transportation maritime administrative agency or local maritime administration record.

    Article seventh grade a seafarers service agencies, shall comply with the following conditions:

    (A) in the People's Republic of China territory of legal persons established by law;

    (B) not less than 300 square meters of fixed work place;

    (C) of 2 or more ships serving group a first officer qualification full-time managers and more than 5 dedicated business personnel;

    (D) seafarers service business for more than 3 years in Serie b, as well as to provide domestic coastal shipping with the last 3 years with more than 500 employees;

    (E) according to People's Republic of China Maritime Safety Administration provisions established crew service quality management systems, personnel and resource protection, education and training system, emergency response system, and the services business report seafarers ' service management systems.

    Eighth in Serie b the seafarers ' service business of institutions, shall comply with the following conditions:

    (A) in the People's Republic of China territory of legal persons established by law;

    (B) not less than 150 square metres of fixed work place;

    (C) there are 2 or more ship classes a, b and c first officer qualifications-serving full-time managers and 2 or more full-time staff;

    (D) under the People's Republic of China Maritime Safety Administration provisions established crew service quality management systems, personnel and resource guarantee system, the system of education and training, emergency response system, and the services business report seafarers ' service management systems.

    Section Nineth seafarers service agencies, shall submit the following materials:

    (A) set up a seafarers service of documents;

    (B) copy of business license;

    (C) full-time managers seafarers a copy of the certificate or relevant supporting documents;

    (D) the proposed composition of the institutions, duties and other information materials;

    (E) crew services file management system;

    (Vi) for domestic coastal shipping with Manning's evidence (grade a seafarers service applicants only);

    (G) other relevant supporting documents.

    Applicant in providing enterprise corporate business license and when seafarers a copy of the certificate of full-time managers, originals shall be produced to the maritime administrative agency.

    Article tenth seafarers service of application and acceptance should be in accordance with the traffic regulations on the implementation of administrative licensing procedures of the relevant requirements.

    11th grade a seafarers service applications shall be made to the People's Republic of China Maritime Safety Administration proposed.

    Application for class b seafarers service business, shall be filed with the Agency directly under the Ministry of transport and maritime management of industrial and commercial registration agencies, industrial and commercial registration no of the Agency directly under the Ministry of transport of the maritime administrative agency shall be made to the People's Republic of China Maritime Safety Administration designated the Department of transportation maritime administration. The maritime administrative agency shall, from the date of acceptance of the application made within the 30th ratification or not to approve the decision.

    Be approved, issue a seafarers service license; were rejected, notify the applicant in writing and state the reasons.

    On the 12th the seafarers service license shall include the crew service number, name, the legal representative's name, address, service scope, period of validity, as well as other related matters.

    The seafarers service license is valid for 5 years. 13th the seafarers service license items recorded in the change, the crew service agencies must change formalities to the issuing agency.

    Change the scope of services, you should reapply.

    Article 14th mid-term implementation of the seafarers service license verification system.

    Mid-term verification should the seafarers service license to 2 years from the date of issuing of the 3rd anniversary of the between.

    Applying for mid-term verification of the seafarers service licenses, crew services shall submit the following materials:

    (A) interim verification documents;

    (B) the crew service quality in line with explanatory material;

    (C) information note: crew services;

    (D) other supporting evidence.

    Pass the mid-term verification, the maritime administrative agency shall be carried out in the seafarers service license endorsement; mid-term verification failed, the maritime administrative agency shall be ordered to rectify.

    15th crew services should be in the seafarers service license expiration date of 30th to apply the seafarers service license extension procedures.

    Apply for a seafarers service license extended procedures, shall submit the following materials:

    (A) the seafarers service license renewal application;

    (B) the first paragraph of this article Nineth part (b) to (e), second paragraph of the material.

    16th under any of the following circumstances, the maritime administrative agency shall have a seafarers service license cancellation procedures:

    (A) the application for cancellation;

    (B) the Corporation is terminated according to law;

    (C) the seafarers service license is revoked or cancelled.

    Chapter III crew services the rights and obligations Article 17th unit of labor contract with the crew, crew member employers.
Use an employer terminates the labor contract and crew members of the crew, crew employment units.

    Crew to crew or crew of the employer services unit provides crew services, shall enter into the ship manning the service agreements or placement agreements. Manning of ship service agreement should make clear the crew wages, working hours, rest and vacation, repatriated and fees, accident insurance and social insurance, liability for breach of the agreement and informed the crew members of the ship manning the service agreement.

    Placement agreements shall stipulate the dispatched the crew positions and number of personnel, the term, labor compensation, accident insurance and social insurance and liability for breach of the agreement, and dispatched the crew agreement notify the dispatched crews.

    Crew services and shipping companies sign labor contracts or other units providing manning of ship crew services requires a prior employer after crew agreed. Crew manning of ship Services service institutions, employer and shall urge the crew the crew conclude a labor contract according to law.

    Employer fails to labor contract with the crew the crew, crew service organization shall terminate the crew the crew service the unit.

    18th crew member service institutions to provide the crew the crew service, crew services agreement with the crew.

    Service cannot be registered without the crew the crew manning of ship available to the service.

    Crew services shall not be deducted crew employers, crew accepting entity according to the manning of ship service agreement paid to crew wages.

    For the labor contract with the crew service providing manning of ship crew services, crew services crew employers, crew services should meet the crew of the employer's liability and obligations to both.

    19th crew services crew service, shall comply with crew management, relevant provisions of the labour and social security to fulfil obligations of honesty and trustworthiness.

    Crew service shall be filed with the public services and fees, shall not duplicate or exceed the standard fee. Providing manning of ship crew services services, crew or crew of the employer shall be employers and provide full and truthful information about crew members.

    Shall not provide false information, without prejudice to the legitimate rights and interests of the crew.

    20th crew service crew institutions shall provide its services to the statutory and contractual rights of labor and social security provide the appropriate support.

    Disappearance, death or other injury of seafarers, crew services shall cooperate with the crew of employers do the aftermath.

    21st crew services shall not be any of the following acts:

    (A) fraud, bribery, providing false information, the seafarers service license acquired by illegal means;

    (B) forge, alter, resell, lease or loan the seafarers service license, or otherwise transfer the seafarers service license;

    (C) beyond the scope of the seafarers service license service crew services provided;

    (D) false credentials, false means to the maritime administrative agency to apply for crew training, exam, apply for certificates and other related business;

    (E) for services without crew members crew of qualified crew member services agent services;

    (F) serious violations of the legitimate rights and interests of the crew, or when the service crew's legal rights have been severely violated by not fulfilling their statutory obligations.

    22nd crew outside the employing unit shall not in People's Republic of China territory directly hire Chinese crew, should be in conformity with the required qualifications of crew members service firms.

    23rd crew service institutions should establish service crew information file, recorded during the service crew in the crew the following matters and keep the crew records of actual, continuous and complete service information:

    (A) served on board qualifications;

    (B) basic safety training, vocational training and special training;

    (C) suitable condition, safety record and violation records;

    (D) the labor contract, crew, manning of ship service agreement for the service agreement.

    Crew services shall establish a list of crew, recorded service crew names, services by shipping companies and ship name, port of registry, country information, and regularly in writing or electronically to the maritime administrative agency for record.

    Fourth chapter of supervision and inspection

    24th the maritime administrative agency shall establish a sound crew service supervision and inspection system, enhance the crew service honest and trustworthy and legitimate rights and interests protection of ships ' crews of supervision and inspection.

    25th the maritime administrative agency shall establish crew services institutions manage records records crew services name, address, legal representative, service areas, business conduct and compliance, and so on.

    Article 26th released crew of the maritime administrative agency shall establish lists of services system, do not fulfil their duties according to law and the legal obligations of legal rights, violence against the crew or the crew is not honest and trustworthy service, announced to the public on a regular basis.

    27th article service no longer meets the requirements of the crew, the maritime administrative agency shall order correction within; it fails, the crews of the maritime administrative agency shall revoke the corresponding services licensing decision, and according to the seafarers service license cancellation.

    The fifth chapter legal liability

    28th article violates these provisions, without approval, seafarers ' service, the maritime administrative agency shall order rectification, fined a maximum of 50,000 yuan and more than 250,000; has illegally obtained, and shall confiscate the illegal income.

    Referred to in these provisions "without approval, seafarers ' service" refers to the following acts:

    (A) without the seafarers service license crew services without authorization;

    (Ii) for fraud, bribery, providing false information, the seafarers service license acquired by illegal means;

    (C) beyond the scope of the seafarers Services license services provide seafarers service.

    29th article violates these provisions, crew services is not institutional information, recruit or manage crew names, shipping companies and ships serviced by name, country and so on regularly to the maritime administrative agency for record, the maritime administrative agency shall order rectification, more than 5000 Yuan and fined a maximum of 20,000 yuan.

    30th in violation of this provision, when providing crew services, crew services, providing false information and fraudulent crew, by the maritime administrative agency ordered corrective action and fines of between 30,000 yuan and 150,000 yuan in serious cases, and suspended a seafarers service license for more than 6 months to 2 years until the revocation of the seafarers service permit penalty.

    Referred to in these provisions "providing false information and fraudulent crew" refers to seafarers service of the following acts:

    (A) the service was not announced to the public content, and standard fees and charges;

    (B) to repeat or exceed the standard fee, or fees published in charge;

    (C) failure to ship the crew manning related content service agreement informed;

    (D) the deductions according to the manning of ship service agreement of labour remuneration shall be paid to the members of the crew;

    (E) other fraud against the crew.

    31st article violation this provides of provides, crew service institutions in crew employing units not and crew made labor contract of situation Xia, to crew employing units provides crew of, by maritime management institutions ordered corrected, at 50,000 yuan above 250,000 yuan following fine; plot serious of, give suspended ships crew service institutions license 6 months above 2 years following until revoked ships crew service institutions license of punishment.

    32nd in violation of the provisions of these regulations, crew services, one of the following acts, the maritime administrative agency shall order rectification, a fine of between 10,000 yuan and 30,000 Yuan:

    (A) as providing manning of ship without crew registration service, or without the crew the employer's consent, to not terminate the labor contract crews manning of ship services;

    (B) forge, alter, resell, lease or loan the seafarers service license, or otherwise transfer the seafarers service license;

    (C) false credentials, false means to the maritime administrative agency to apply for crew training, exam, apply for certificates and other related business;

    (Iv) serious violations of the legitimate rights and interests of the crew, or when the service crew's legal rights have been severely violated by not fulfilling their statutory obligations.

    33rd maritime administration staff has any of the following circumstances shall be given administrative sanctions:

    (A) violates the provisions giving the crew Services licensing;

    (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.

    The sixth chapter supplementary articles

    34th for navigation in Hong Kong S.A.R., and Macau S.A.R. and Taiwan shipping crew in the area of services, in accordance with the provision of crew management services for international ships, the grade a seafarers service license shall be obtained.

    35th article of the crew have been carried out before the implementation service providers, in line with the provisions of article seventh subparagraph (a) to (c), (e) provided, and for the last 3 years providing manning more than 300 vessels of foreign nationality, may apply in accordance with the provisions for class a seafarers service qualification. 36th article of the regulations come into force on October 1, 2008.