Militia Mobilization Of Civilian Ships And Their Crews In Fuzhou Interim Provisions On Expropriation

Original Language Title: 福州市民用船舶和船员民兵动员征用暂行规定

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(On June 18, 2004 Fuzhou Government 21st times Executive Conference considered through on June 29, 2004 Fuzhou Government makes 32nd, announced since on July 20, 2004 up purposes) first chapter General first article for do I city civilian ship and crew militia mobilization expropriation work, improve was mobilization expropriation civilian ships of emergency guarantees capacity, meet wartime and the usually special situation Xia civilian ships mobilization expropriation of need, according to People's Republic of China defense method, and defense Traffic Ordinance, and
    National Defense mobilization of civil capacity and other relevant laws and regulations, this provision is enacted.
    Article within the administrative area of the city ownership or management to civilian units and individuals shall comply with the provisions of the ship, shall perform the duty of national defense mobilization of civil capacity.
    Civilian ships and crew in these rules the militia mobilization expropriation (hereinafter referred to as requisition of civilian vessels mobilization) refers to special circumstances in wartime and peacetime, and Governments at all levels to take administrative measures, unified requisition and individual civilian ships and their equipment and operator activity.
    Third requisition of civilian vessels mobilization work under unified leadership, graded responsibility, the principle of combining peacetime and management according to law. Fourth article civilian ships mobilization expropriation of main task: (a) accurate master civilian ships mobilization potential; (ii) research developed civilian ships mobilization plans; (three) carried out sea civilian ships Group; (four) established sound civilian ships mobilization expropriation institutions, strengthening on civilian ships of management; (five) Organization crew militia for military and professional training; (six) mobilization expropriation civilian ships guarantees forces training, and walkthrough and combat task need; (seven) Organization civilian ships for added (modified) loaded; (eight) implementation sea emergency task, activities; (nine) completed local
    Other mandates given by people's Governments and military organs.
    Fifth requisition of civilian vessels mobilization work is an important component of national defense mobilization work, Governments at all levels must strengthen leadership, the military should work closely with the Government departments concerned, earnestly perform their duties. Second chapter organization led and duties Division sixth article city, and County (City) District defense traffic competent institutions in sibling Defense Mobilization Committee of organization led Xia, is responsible for this area civilian ships mobilization expropriation work, perform following duties: (a) Organization civilian ships survey, and statistics and registration, established archives and database; (ii) check guide this level civilian ships mobilization expropriation prepared work of implementation, coordination research solution about problem; (three) coordination, and formed militia shipping mission, sea militia Organization; (four) is responsible for mobilization expropriation civilian ships of daily management, and
    Professional service training; (five) is responsible for developed civilian ships mobilization expropriation of plans and implementation plans; (six) is responsible for was mobilization expropriation civilian ships of demobilization return built and compensation assessment, work; (seven) wartime organization implementation full public ship of mobilization collection work; (eight) hosted and civilian ships mobilization collection about of work, completed superior defense traffic competent institutions and this level Defense Mobilization Committee gives of other duties.
    Seventh article about sector in civilian ships mobilization expropriation work in the of main duties is: (a) maritime, and fishing prison and fishery, sector accurate master and timely provides civilian ships information and civilian ships update transformation, and sale, and rental, and transfer, and scrap, about situation; is responsible for ship of registration, and statistics and crew management, and education work; assist militia shipping mission, sea militia Organization well Ship group and crew training work; active do situation informed; completed and civilian ships mobilization expropriation about of other work.
    (B) public security border Defense Department provided accurate and timely shipping household registration and boat permits modifications, cancellations and other relevant circumstances; assist in ship registration, statistics; completion of other work associated with the requisition of civilian vessels mobilization.
    (C) finance, civil affairs departments should improve call for civilian vessels mobilization of national economy mobilization and funding; this requisition of civilian vessels mobilization plan is formulated well requisition of civilian vessels mobilization reserve; implementation of operational, emergency and combat and training tasks, such as the work on pensions and preferential treatments of casualties; assist in requisition of civilian vessels mobilization work. Eighth article garrison, and people armed forces in civilian ships mobilization expropriation work in the of main duties is: (a) with defense traffic competent institutions, about sector organization implementation civilian ships of capacity survey mapping, and registration statistics and check work; (ii) implementation sea militia organization of formed and group, carried out sea militia annual organization reorganization, and military training and political education; (three) active to place party, and Government proposed completed civilian ships mobilization expropriation task of views and recommends, with about sector intends business mobilization expropriation plans,
    Organization command civilian ships received rejection build-up; (four) intends business funding guarantees plans, please led, and management and using the funding, with defense traffic competent institutions, about sector on expropriation civilian ships for loss assessment, hosted mobilization expropriation civilian ships of compensation compensation, do funding guarantees of other work; (five) is responsible for weapons equipment and material of please led, and received, and dispensed, with about sector handle expropriation ship, and personnel handover of about procedures, tie about sector processing good civilian ships mobilization expropriation related matters.
    Nineth coastal villages and towns implement requisition of civilian vessels mobilization programme and implementation plan and do the work, complete the requisition of civilian vessels mobilization tasks; this unit is responsible for shipping and other maritime militias organization of training, management and acquisition work.
    Tenth levels of national defense transportation authorities, land, port, ship territorial management units, the unit responsible for dealing with shipping and other maritime militias and township people's government organizations in ship maintenance, land use, terminal expansion (changed) priority arrangements such as build and ship appropriate relief for expropriated during the management fees, port dues and charges.
    Article 11th civil units and individuals, should fulfill the requisition of civilian vessels mobilization and join the militia's responsibility and obligation to ensure mobilization of requisitioned civilian ships and their equipment is in good condition and that accompanied the crew with the appropriate skills. Third chapter expropriation registration and management 12th article following civilian ships, must for expropriation registration: (a) airworthiness Yu II class above area of passenger, and high-speed passenger (cushion ship, and hydrofoil), and guest roll (du) ship, and grocery ship, and bulk cargo, and roll shipment, and more uses ship, and container ship, and half dive ship, and oil ship, and bulk (liquid) chemicals ship, and dredger, and piling ship, and lifting ship, and mud (stone) connection, and party connection, and tug, and 100-kilowatt above of traffic ship, and water (oil) ship (connection), and measurement ship, and repair ship, and diving work ship
    , Fire boats and other ships.
    (B) more than 50 tons of motor vessels at sea. Expropriation of national defense traffic authorities registered by the municipal organization for the harmonization of the implementation. Requisition civil registration must be registered in accordance with the relevant provisions, the crew must be in possession of People's Republic of China maritime, fisheries and other certificates of competency issued by the authority or other legal certificates.
    Expropriation can be combined with the annual register the ship years or centrally by the national defense transportation authorities to do so. 13th registered civilian ships, defence, to traffic authorities make of the requisition of civilian vessels registration.
    The County (City) area Office of the people's armed forces mobilized in the requisition of civilian vessels signed on to perform defence duties of the registration certificate and cancelled with the Special seal, or delegated County (City) area national defence transport authorities are responsible for.
    14th registered civilian ships, defence, by the traffic authority professional support team in accordance with combat readiness requirements, size, system, according to port of registry is operational formations.
    Shipping and other maritime militia the militia per year should be combined with the militia group and vessel changes, timely adjustment of organizational structure, crew militia political censorship, improve the cadre deployment, organizational mobilization, summarized acceptance.
    Holding section 15th of the civilian ships requisitioned civilian ships of the registration certificate of ownership transfer, mortgage, lease and cancellation of vessels, ship registration authorities in completing the appropriate formalities, on 15th to register flag national defense transportation authority record.
    Has been regimented into militia shipping and other significant alterations to the ships of the maritime militia, by owner (unit) approved by the local national defense transportation authorities, national defense transportation authorities responded in the 10th from the date of receipt of the report and notify the speaker.
    16th National Defense transportation departments at various levels must, in conjunction with military organization and mandate forces requisitioned ships registered professional service training and crew, and according to the requirements of the military departments and the responsible task forces, military training and ship plus (modified) clothes.
    17th without a requisition of civilian vessels of the registration certificate of the ship's crew and its management personnel, is required to participate in relevant training and exercise.
    Regimented into militia field of the shipping crew, by County (City) district people's armed forces and its armed forces established contact with household registration system, along with the ship requisitioned; on the termination of the contract and job changes, adjusted in time.
    18th the County (City) district people's armed forces and national defense transportation authorities, fisheries supervisor, fishery and maritime, military, should be based on the Division of labour, strengthening civil training guidance, solve difficulties and problems in training, ensure the quality of training.
    Fourth chapter organization of mobilization and requisition the 19th when the State released Finding Nemo, partial mobilization order, or when there is a need to mobilize other requisition civilian ships, city and County (City) area national defense transportation authorities in accordance with national or the level of national defense mobilization Commission issued the requisition of civilian vessels mobilization tasks, organize implementation of requisition of civilian vessels mobilization.
    20th army needed civilian ships, to the seat of the military national defense transportation authorities submit applications for armed police troops and militia of civilian ships, make an application to the local national defense transportation authorities.
    21st requisition of civilian vessels mobilization needed to use ports, docks, loading and unloading equipment, warehouses, gas stations and other facilities, they must give them protection.
    Municipal national defense transportation authority shall make civilian vessels mobilization implementation plans submitted to the municipal Defense Mobilization Committee and the municipal people's Government. 22nd National Defense transportation authorities and units shall be submitted by unit issued a requisition of civilian vessels mobilization mobilization expropriation notices, and urged ships assembled ready.
    On shipping and other maritime militias organizations when implementing the mobilization expropriation, by County (City) area ren, formation of cadres in conjunction with the communications authority in accordance with the national defence civilian ships assembled fold programme, implementation of the call for mobilization. 23rd national defense transportation authority shall, in conjunction with transport, maritime, fisheries supervisor, fishery and other authorities determine the build-up of water, when, how.
    Was requisitioned civilian ships by mobilizing units and individuals, of time, waters and the method must be specified, organize civilian ships quickly covertly entered the gathering waters.
    Included in shipping and other maritime militias organized by the ship must leave Hong Kong within 10 days after receiving the mobilization expropriation notice returned 20 days gathering assembled. 24th called requisitioned civilian ships must for arrangement. Readiness prior to Assembly or Assembly is done after the emergency, can gather edges preparing, or to a specified water conditioning.
    Servicing includes: checking the technical condition of the ship and equipment support, fuel, fresh water, supplies and equipment, is equipped with reinforced binding equipment and rescue equipment, according to the task needs to be equipped with weapons. 25th National Defense Transportation Authority Organization for the harmonization of civilian ships transfer by mobilization expropriation.
    After the transfer of civilian ships and related equipment-related safety, logistics and ship maintenance, as used by the unit.
    Fifth chapter requisition of civilian vessels mobilization to ensure funding for the 26th article requisition of civilian vessels mobilization of funds in accordance with the relevant provisions of the State, respectively, include city, County and district budget plans, and business plans.
    27th article civilian ships mobilization expropriation funding spending range including: (a) militia shipping mission formed Shi by needed of the funding; (ii) militia shipping mission annual organization reorganization, and education training and daily management, career funding; (three) civilian ships collection mobilization, and training, and exercises, and implementation sea emergency task by needed funding; (four) on by expropriation of civilian ships for technology and added loaded special dedicated equipment by needed funding; (five) civilian ships expropriation Shi using port, and Terminal, and warehouse and the supporting facilities of compensation funding;
    (F) mobilization of reasonable compensation for expropriation of civilian ships lost at sea; (g) the review by the transportation departments of the national defense at all levels, and reported to the people's Government at the same level in the requisition of civilian vessels mobilization expenses of other related projects.
    28th financial, transport, maritime, ports, fisheries supervisor, fishery, civil affairs and other relevant departments should actively assist the people's mobilization Office, militia, civilian vessels mobilization of shipping damage assessment and compensation of expropriation compensation.
    29th project funding from the Government, follows the principle of equalization burden, a number of channels to raise, respectively in the annual budgets of the departments at all levels plan.
    (A) militia shipping mission formed funding in principle by bear formed task of city, and County, and District Government burden; (ii) militia shipping mission annual organization reorganization, and education training, and daily management, funding included formed units where County (City) District annual financial budget, which rural nationality militia training, and walkthrough funding from central rural tax reform transfer paid funds in the arrangements; (three) mobilization expropriation guarantees forces training, and exercises of civilian ships, compensation fee and compensation fee by using forces bear;
    (D) for combat readiness training project technical renovation and installation of special equipment requirements, and borne by the given task unit (v) mobilizing requisitioned civilian ships used the port, wharf, warehouse financial compensation according to relevant regulations of the military transport, coordinated by the local people's Government port enterprise resolved.
    30th article on militia shipping mission preparation personnel and vessels and the temporary mobilization expropriation of civilian ships, has following case one of of, can get compensation: (a) civilian ships and the crew participate in education, and training, and exercises of; (ii) combat readiness build-up standby of; (three) processing burst event and emergency guarantees of; (four) civilian ships for combat readiness need for technology added (modified) loaded of; (five) other for civilian ships mobilization expropriation of matters.
    Compensation costs include shipping fuel fees, subsidized fees, basic living expenses, compensation costs and other fees shall be given reasonable compensation.
    The 31st under any of the following circumstances, ships and facilities can be called expropriation compensation: (a) training, drilling, Assembly, perform emergency task causing ship damage; (b) in mobilizing suffered losses caused by force majeure or accidents during the acquisition; (c) other approved to be compensable.
    32nd called requisitioned civilian ships directing managers, operators and other personnel, due to operational and contingency and combat readiness training tasks, such as wounded and maimed or killed, died, by requisition of civilian vessels mobilization units and military organs, national defense transportation certificate issued by the competent institution, upon approval by the Department in accordance with the relevant provisions of the public, according to the special care and policy-relevant provisions of the State, give pensions privileges.
    Article 33rd compensation standards as well as ensuring civil interest, service and subject to national defense needs, combining features, both physical, compared with market prices, by County (City) district people's Government and military authority in conjunction with the Department of finance, national defense transportation authority study. (A) militia shipping mission preparation personnel participate in annual education training, its delays subventions and living reference local militia training of standard, according to existing of travel management system reported support; (ii) mobilization expropriation participate in Walkthrough during of personnel delays grants and the living grants standard, to actual appeared in number for associate, per person daily according to I day wage standard give compensation; (three) oil compensation fee according to actual consumption oil volume and market oil and set; (four) civilian ships loss grants,
    Fishing in fishing period reference similar vessels same time paragraph average, carriers reference years average, by using units and civilian ships has who consultations determine appropriate grants; (five) ship damaged compensation standard depending on damaged degree and set, by defense traffic competent institutions by specified of ship repair units for assessment; (six) ship technology, and added loaded special dedicated equipment and technology reserves funding of grants, by traffic, and technology, and ship repair, units identification assessment, mutatis mutandis market and set.
    Article 34th militia shipping mission and management must be in strict compliance with the financial management systems of the State and the army, uniform allocation of Garrison, ren account centralized management, earmarks, local and army and double financial audit of the financial audit department. The sixth chapter of rewards and penalties article 35th mobilization expropriation of outstanding successes in work units and individuals.
    By people's Governments at all levels, national defense transportation and military authorities, in accordance with relevant regulations, such as the discipline regulations of the PLA recognizes and rewards.
    36th article has following performance one of of, can implementation award: (a) model implementation national and levels defense traffic competent institutions civilian ships mobilization expropriation command, performance highlight of; (ii) completed civilian ships mobilization expropriation or combat guarantees task performance highlight of; (three) completed militia shipping mission, sea militia organization gives of combat readiness duty task performance highlight of; (four) participate in military training, and walkthrough, military activities performance highlight of; (five) implementation sea emergency task deeds highlight of; (six) other meet national award standard of.
    37th violations of the provisions of this article, escape or refuse to perform the obligation of civil transport resources for national defense mobilization unit supervisor, direct owner responsible persons and civilian ships, in accordance with the regulations on national defense mobilization of civil capacity 46th of the rules will be punished.
    38th article violation this provides, has following case one of of has directly responsibility of competent personnel and other responsibility personnel, by defense traffic competent institutions drew attention to the its where units or superior competent organ according to about provides give administrative sanctions; constitute crime of, law held criminal: (a) without competent sector approved, unauthorized mobilization expropriation civilian ships of; (ii) not by provides of time, and locations and requirements build-up civilian ships, or not obey command, to military action or other emergency guarantees caused serious loss of;
    (C) the deliberate destruction of civilian ships requisitioned it cannot complete the task of mobilization of the expropriation.
    Seventh chapter by-laws mentioned in the 39th article of the provisional regulations of the special circumstances, refers to war, armed conflict and other emergencies.
    40th article of the rules by the National Defense Mobilization Committee, Fuzhou City traffic combat readiness Office and the Office of the people's armed forces mobilizing to interpret.
                        41st these provisions come into force on July 20, 2004.