(March 7, 2011 Ministry of transport issued on April 11, 2016, the Ministry of transport to amend of People's Republic of China decided to seafarers regulations amendments)

Chapter I General provisions article specification seafarers assignment management and improve the overall quality and the international image of Chinese seafarers, protect legal rights of seafarers and promote healthy development of seafarers, in accordance with the People's Republic of China crew and labor service cooperation with foreign laws and regulations, this provision is enacted.

Article in the People's Republic of China territory of seafarers assigned activities of the bodies established by law, these provisions shall apply.

Article III Ministry of transport charge seafarers work throughout the country.

National maritime authority responsible for supervision and administration of national seafarers.

Directly under the Ministry of transport and maritime management bodies in accordance with their respective functions are responsible for supervision and administration of specific implementation of seafarers. Fourth assignment of seafarers following "who sent and who is responsible for" principle.

Engaged in the seafarers ' organization should be responsible for its seafarers sent, seafarers on the ship during the work and the guarantees, the disembarkation process.

Second chapter seafarers outside sent institutions qualification fifth article engaged in seafarers outside sent of institutions, should meet following conditions: (a) in People's Republic of China territory law established of corporate; (ii) has and outside sent scale phase adapted of fixed Office places; (three) has at least 2 name has international sailing ships management level crew served qualifications of full-time management personnel and at least 3 name has two years above seafarers outside sent related practitioners experience of management personnel; (Four) has for outside sent seafarers served Qian training and post skills training and the processing seafarers outside sent related legal Affairs of capacity; (five) according to national maritime management institutions of provides, established crew service quality management system, and personnel and resources guarantees system, and education training system, and emergency processing system and service business report system, seafarers outside sent management system; (six) has owned outside sent seafarers 100 people above; (seven) registered capital not below 5 million Yuan Yuan, and for real paid capital. 　　

After the implementation of this provision, labor service cooperation with foreign law otherwise provides, from its provisions; (VIII) have pay RMB 1 million seafarers in reserve capacity (I) institutions and its legal representative has a good business reputation, no significant violations in the last 3 years and significant illegal logging.

Sixth article application engaged in seafarers outside sent of institutions, should submitted following material: (a) engaged in seafarers outside sent activities of application instruments; (ii) enterprise corporate license or institutions corporate certificate; (three) business places property proved or fixed places rental proved; (four) has processing seafarers outside sent related legal affairs capacity, and for outside sent seafarers served Qian training and post skills training capacity of proved material;

(Five) full-time management personnel served qualification certificate copies and the full-time business personnel related practitioners experience of proved material; (six) institutions of organization structure, and personnel composition, and duties, situation of description file; (seven) seafarers outside sent related management system file; (eight) owned outside sent seafarers of roster and the labor contract, and paid social security, proved material; (nine) has according to maritime management institutions requirements full paid seafarers outside sent petty cash of effective proved; (ten) other related proved material. Approve the establishment of foreign-funded employment agencies or Sino-foreign joint venture talents intermediary agency recruitment of seafarers and exit the business to be carried out, in accordance with these provisions shall be applied for seafarers serving abroad.

Apart from the materials submitted to the provisions of the preceding paragraph, shall also submit the certificate of approval for foreign-funded enterprises and enterprises with foreign investment business license copy.

Seventh body for seafarers, shall be filed with the registration directly under the Ministry of transport and maritime management bodies, industrial and commercial registration is not directly under the Ministry of transport and maritime management agency, specified by the maritime administrative agency shall be filed with the State Department of transportation maritime administration.

Article eighth maritime authority accepting the application within 15 working days from the date of completed application materials written audits and on-site verification and audit and verification national maritime administration approval together with application materials.

Nineth national maritime authority upon receipt of the submitted materials, according to the maritime authorities of audit, verification and institutional applications, within the 15 working days to approve or not to approve the decision.

The tenth national maritime authorities make a decision on approving an assignment of seafarers, expatriate institutions for seafarers qualification certificate issued to the applicant; expatriate institutions for seafarers qualification certificate does not exceed a maximum period of 5 years.

11th seafarers were recorded on the certificate of qualification institutions name, address, legal representative changes, seafarers institutions shall, within 30 working days from the date of change to the maritime administrative agency for the change.

12th according to the People's Republic of China seaman service regulations achieved grade a qualification of seafarers service agencies, according to this provision shall be applied for seafarers qualification-Agency, before engaging in the assignment of seafarers.

13th overseas enterprises, institutions in China to recruit seafarers shall entrust seafarers assignment mechanism.

Foreign representative offices shall not be business outside the territory of seafarers.

14th expatriate institutions qualified to implement annual examination system for seafarers.

Annual review mainly expatriate institutions the qualifications of seafarers in accordance with and legal operations, standard operation.

Department of transportation maritime administrative agency shall in each year from February to April was responsible for organizing the implementation of annual verification qualification of seafarers institutions within their jurisdictions.

15th expatriate institutions for seafarers should be before February 1 of each year apply to the jurisdiction of the maritime administrative agency for years, and submit the following materials: (a) the annual review documents, (ii) annual audit reports contain seafarers qualification meet for the institutions, the effective operation of the system as well as the implementation of the provisions.

16th section of seafarers through the years, the maritime administrative agency shall annually in its expatriate institutions for seafarers qualification certificate be endorsed in the trial bar.

17th expatriate institutions failed to pass the annual examination for seafarers, maritime safety authority, a rectification; corrected according to schedule, the maritime administrative agency shall annually in expatriate institutions for seafarers qualification certificate in the trial bar indicate the situation, be passed the annual examination; fails to mend, and shall promptly report to the national maritime administration to withdraw its expatriate institutions for seafarers qualification and cancellation procedures in accordance with law.

In the 18th year of rectification by the maritime administrative agency, seamen's bodies during the correct period of assignment shall not continue to send crews and ship Manning has signed a new agreement, but still should be assuming management responsibility for seafarers have been sent. 19th seafarers assignment Office shall expatriate institutions for seafarers qualification certificate expiry date of 60 days previous to the jurisdiction of the maritime administrative agency applying for expatriate institutions for seafarers qualification certificate extension procedures.

Apply for expatriate institutions for seafarers qualification certificate extension procedures, shall submit the following materials: (a) expatriate institutions for seafarers qualification certificate renewal application, (ii) the provisions of article sixth (b) to (I) provision of material. 　

20th under any of the following circumstances, institutions shall issue certificates of assignment of seafarers qualification certificate of the maritime administrative agency for cancellation procedures: (a) the seafarer assigned agencies to apply for cancellation; (b) the termination of legal person according to law; (c) the seafarers ' authority certificate has been revoked or revocation of assignment.

21st seafarers pie fund special account for implementation of storage, earmarking.

Use of petty cash management should comply with national labor service cooperation with foreign reserve management system.

Chapter III seafarers assignment of responsibility and duties Article 22nd seafarers bodies shall observe the crew management, crew management, service management, crew documents the labor and social security and labor service cooperation with foreign countries and other relevant provisions, comply with the People's Republic of China concluded or acceded to international conventions, fulfill obligations of honesty and trustworthiness.

23rd seafarers institution shall ensure that the provisions of the fifth paragraph (v) of seafarers as required the effective operation of the management system.

24th seafarers agencies provide seafarers with seafarers assignment services shall ensure that seafarers ' labour contracts with the one of the following units: (a) the Agency, (ii) the overseas shipowner and (iii) units of shipping companies or other related industries in China.

Seafarers and the shipping company or other related industries enter into labor contracts, when seafarers institutions out of the seamen shall be prior agreed with the seafarers ' employment.

Seafarers labor contracts with the overseas shipowner, expatriate institutions for seafarers should be responsible for the review of the content of the employment contract, found labor contract does not comply with the laws and regulations, or under the relevant international conventions against provisions of the seafarers ' interests, foreign shipowners should be required to correct in a timely manner.

25th expatriate institutions for seafarers should be outside of personal accident insurance scheme for seafarers.

26th seafarers outside bodies should fully understand and that owners credit and operating in good condition, marine manning services agreements with the overseas shipowner. 27th seafarers assignment institution marine manning services agreements with the overseas shipowner shall comply with domestic laws and regulations and relevant international requirements and include at least the following: (a) expatriate institutions for seafarers and the responsibilities, rights and duties of foreign shipowners.

Including outside sent crew of number, and quality requirements, sent frequency, training responsibility, outside sent institutions on crew violations behavior of responsibility share,; (ii) outside sent seafarers of work, and life conditions; (three) agreement term and outside sent seafarers upper and lower ship arrangements; (four) wage welfare treatment and paid way; (five) normal work time, and overtime, and additional labor and rest vacation; (six) ship airworthiness status and the ship sailing regional; (seven) outside owner for outside sent seafarers purchase of personal accident, and disease insurance and processing standard;

(H) the payment of social security; (I) the seafarers ' management; (j) dealing with emergency (11) seafarers repatriation (12) seafarers ' injuries and death (13) seafarers ' disclaimers, (14) in exceptional and controversial treatment; (15) for breach of contract.

Expatriate institutions for seafarers should manning of ship service agreement with the content relating to the seafarers ' interests inform seafarers.

28th seafarers institution shall, according to the ship's flag State and company of foreign seafarers to relevant laws and regulations, management systems, customs and considerations of pre-service training, foreign seafarers and seafarers to actual needs to carry out the necessary job skills training.

29th article seafarers outside sent institutions should out sent seafarers aboard work Qian, with signed aboard agreement, agreement content should at least including following content: (a) ship distribution member service agreement in the involved outside sent seafarers interests of all terms; (ii) seafarers outside sent institutions foreign sent seafarers work during of management and service responsibility; (three) outside sent seafarers in outside occurred emergency situation Shi seafarers outside sent institutions on its of placed responsibility; (four) default responsibility.

Article 30th seafarers institutions should establish communication mechanisms with the foreign shipowners, seafarers, verification and to deal with complaints in a timely manner.

Expatriate institutions for seafarers should be foreign seafarers during the work relating to safety, health, work and other aspects of skills and career development management, for seafarers manning of ship service contract to provide the necessary support.

31st expatriate institutions may not provide employment opportunities for seafarers and seafarers ' fees.

Expatriate institutions for seafarers shall not be deducted of the seafarers ' wages.

Seafarers sending Agency shall not require seafarers to provide collateral or guarantees, and so on.

32nd article seafarers outside sent institutions should for by service of each name outside sent seafarers established information archives, main including: (a) outside sent seafarers ship Shang served qualifications (including by service of ship company and ship of name, and flag Hong Kong, and belongs national, and aboard work starting time, situation); (ii) outside sent seafarers basic security training, and suitable any training and special training situation; (three) outside sent seafarers suitable any status, and security records and health situation; (four) outside sent seafarers labor contract, and ship distribution member service agreement, and aboard agreement,.

Seafarers institution shall submit statistical data according to relevant regulations, and set its own register of seafarers, not its own seafarers ' register and the archive information regularly reported to the maritime administrative agency according to the requirements for filing.

Article 33rd seafarers institutions seafarers should not be sent to the following companies or ship: (a) be blacklisted ships in port State control inspections, (ii) not by the China insurance agencies or members of the International Association for the protection and indemnity insurance of ships, (iii) failure to establish safe operating and management systems of prevention and control of pollution from ships, or ships.

Article 34th expatriate institutions for seafarers qualification has been suspended, revoked, withdrawn, should continue to perform contracts and agreements that have been signed.

Chapter fourth dealing with emergency 35th when the incident occurred, seafarers institution shall, in accordance with the provisions of the emergency response system, immediately activate emergency response plans, and timely report to the maritime administrative agency. Article 36th seafarers institutions should work with overseas shipowners to do emergency disposal.

When the overseas shipowner fails to timely and comprehensive implementation of emergency responsibilities, seafarers institution should properly handle emergencies, avoiding seafarers ' interests.

37th seaman sent agencies refuse to take or cannot afford the dramatic events that occurred when seafarers available in reserve to cover the seafarers repatriation or other emergency relief requirements.

Article 38th seafarers after the petty cash to use, expatriate institutions for seafarers should be completed on 30th reserve.

39th overseas emergencies to deal with according to the relevant provisions of the labor service cooperation with foreign countries.

Supervision and inspection of the 40th chapter fifth seafarers in the maritime administrative agency shall establish a sound area management of archives, strengthen the supervision and inspection of seafarers assignment mechanism.

41st maritime administrative agency exercising supervision and inspection, can ask the parties, to the seafarers concerned institutions or individuals to understand the situation, check out, copy the relevant information and keep seafarers surveyed the commercial secrets or personal privacy.

Accept supervision and inspection of the seamen a maritime administrative agency outside bodies or individuals, should faithfully reflect the situation and provide information shall not be refused on any grounds or blocking inspections.

42nd the maritime administrative agency when conducting supervision and inspection, he found outside the body no longer meets the conditions for seafarers, the maritime administrative agency shall order correction within.

Seafarers bodies have not corrected within the time limit specified, they shall withdraw expatriate institutions for seafarers qualification, and according to expatriate institutions for seafarers qualification certificate of cancellation procedures.

43rd a maritime administrative agency shall regularly publicize the seafarers assignment list and the institutions survey, as well as perform duties according to law and legal obligations, protect legal rights seafarers, honest and trustworthy, and so on.

Sixth chapter legal responsibility 44th article violation this provides, without approved unauthorized engaged in seafarers outside sent activities, has following case one of of, by maritime management institutions ordered corrected, at 50,000 yuan above 250,000 yuan following fine; has illegal proceeds of, should confiscated illegal proceeds; using illegal documents of, collection illegal documents: (a) not made seafarers outside sent institutions qualification unauthorized carried out seafarers outside sent of; (ii) to cheat, and bribery, and provides false material, illegal means made seafarers outside sent institutions qualification of;

(C) outside of the expatriate institutions for seafarers qualification certificate valid seafarers assignment without authorization; (d) qualification of seafarers bodies shall be suspended during unauthorized assignment of seafarers (v) forging or altering expatriate institutions for seafarers qualification certificate without approval of seafarers.

45th article seafarers outside sent institutions in provides outside sent service Shi, provides false information, fraud outside sent seafarers, has following case one of of, by maritime management institutions give corresponding punishment: (a) repeat or over standard charged costs, or in announced of charges project zhiwai charged costs of; (ii) not will ship distribution member service agreement of related content truthfully told outside sent seafarers of; (three) forged or provides false ship distribution member service agreement information of;

(D) aboard the agreement with seafarers and ship manning does not match the contents of the services agreement and harm the interests of seafarers (v) resell, lease, lend expatriate institutions for seafarers qualification certificate, or other forms of illegal transfer of expatriate institutions for seafarers qualification certificate, and (f) providing false information, fraud against the seafarers.

Has Qian paragraph subsection (a), and (ii) items case one of of, at 30,000 yuan above 100,000 yuan following fine, plot serious of, give suspended seafarers outside sent institutions qualification certificate 6 months above 2 years following punishment; has Qian paragraph subsection (three), and (four), and (five), and (six) items case one of of, at 100,000 yuan above 150,000 yuan following fine, plot serious of, revoked seafarers outside sent institutions qualification certificate.

46th article violation this provides, out sent seafarers not and seafarers outside sent institutions, and outside owner, and China of shipping company or other related industry units signed labor contract of situation Xia, provides seafarers outside sent service of, by maritime management institutions ordered corrected, at 50,000 yuan above 250,000 yuan following fine; plot serious of, give suspended seafarers outside sent institutions qualification certificate 6 months above 2 years following until revoked of punishment.

47th maritime administration staff has any of the following circumstances shall be given administrative sanctions: (a) violations of approved expatriate institutions for seafarers qualification, (ii) does not perform its duty of supervision and inspection, and (iii) no administrative statutory or administrative penalty according to law; (d) other acts of abuse their powers, neglect their duties.

The seventh chapter supplementary articles article 48th is the meaning of this provision in the following terms: (a) the assignment of seafarers, for foreign or Hong Kong, Macao and crew of ships to provide manning for a service activity.

(B) the overseas shipowner, referring to foreign or Hong Kong, Macao and ship owner, operator or person in charge.

(C) whether the seafarers, referring only in connection with this crew of seafarers signed labor contracts.

(D) the emergency ships where seafarers or their sudden accidents happen, cause or may cause harm foreign seafarers, need to take emergency measures in response to the event.

49th and the relevant countries or regions have signed foreign labor service cooperation agreement, in accordance with the provisions of the agreement. 50th these provisions come into force on July 1, 2011.