People's Republic of China seafarers assignment management

    (March 7, 2011, the Ministry of transport announced come into force July 1, 2011, 2011 3rd) Chapter I General provisions

    First to standardize the 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.

    Chapter two expatriate institutions for seafarers qualification

Article fifth seafarers assignment institution, shall comply with the following conditions:

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

(B) outside the school, and to adapt to the size of the fixed work place;

(C) the crew of at least 2 international seagoing management level vocational qualifications of full-time management staff and 3 with at least two years relevant experience in seafarers Assignment Manager;

(D) for seafarers pre-service training and job skills training and capacity to deal with seafarers assignment-related legal Affairs;

(E) in accordance with the provisions of the national maritime authority, establishing the crew service quality management system, personnel and resource protection, education and training system, emergency response system, and the services business report seafarers assignment management system;

(F) with its own seafarers over 100 people; (G) not less than 5 million yuan of registered capital and paid-up capital.

After the implementation of this provision, labor service cooperation with foreign law otherwise provides, from its provisions;

(VIII) have to pay 1 million yuan of seafarers assignment provision;

    (I) institutions and its legal representative has a good business reputation, no significant violations in the last 3 years and significant illegal logging.

Sixth section engaged in the seafarers ' organization, shall submit the following materials:

(A) the documents involved in seafarers assignment activities;

(B) the certificate of business license or legal persons in public institutions, organizations and agencies code card;

(C) undertakings proof of ownership or permanent leasing certificates;

(D) to deal with seafarers assignment-related legal services to seafarers, and pre-service training and job skills training capacity of supporting documents;

(E) full-time managers qualification certificate and proof of full-time experience in business-related materials;

(F) the Agency organizational structure, personnel, description of duties, such as files;

(G) seafarers management system documents;

(H) whether the seafarers ' register and employment contracts, pay social security and other supporting documents;

(I) the maritime administrative agency in accordance with the requirement to pay valid certification of seafarers assignment provision;

(J) other related documents. 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) annual review documents;

    (B) 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;

    (B) 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:

(A) the seafarer assigned agencies to apply for cancellation;

(B) 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 three seafarers assignment of responsibility and obligation

    22nd seafarers institutions should comply with crew management, crew management, crew documents management, 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) institutions;

(B) foreign shipowners;

(Iii) to shipping companies in China or other related units.

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) seafarers bodies and the responsibilities, rights and duties of foreign shipowners.

Including quantity and quality requirements for seafarers, sending frequency, training responsibilities, acts violations of crews in the assignment of responsibility-sharing;

(B) seafarers ' working and living conditions;

(C) agreement term and seafarers in boarding arrangements;

(D) wages and welfare benefits and the method of payment;

(E) the normal working hours, overtime and additional work, rest and leave;

(F) the ship seaworthy condition and navigation areas;

(VII) the overseas shipowner for seafarers to buy personal accident, sickness insurance and treatment standards;

(H) the payment of social security;

(I) the seafarers ' management;

(J) emergency treatment;

(11) the repatriation of seafarers;

(12) the seafarers ' injuries and death;

(13) the seafarers ' exemption clauses;

(14) the handling of special cases and controversies;

(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 expatriate institutions for seafarers should be out of seafarers on board before they enter into agreement on board, agreement shall include at least the following:

(A) marine manning services relating to seafarers ' interests in all terms of the agreement;

(B) seafarers assignment of external management and service work of seafarers;

(C) the seafarers in foreign emergencies seafarers assignment of its rehousing responsibility;

    (D) for breach of contract.

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 seafarers institutions shall provide the services of each seafarers ' information files, including:

(A) seafarers serving on board experience (including the services of shipping companies and ship name, port of registry, country, time after work on a ship, etc);

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

(C) the seafarers ' competence, safety record and health conditions;

(D) seafarers ' labour contracts, service agreements, agreements on board ship Manning.

    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;

(B) non-Chinese insurance agencies or members of the International Association for the protection and indemnity insurance of ships;

    (C) 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

    The 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.

    The fifth chapter, supervision and inspection

    40th within the jurisdiction of the maritime administrative agency shall establish and improve seafarer assigned 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.

    The sixth chapter legal liability

44th article violates these provisions, unauthorized assignment activities for seafarers, any of the following circumstances, 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 from illegal documents, collection of illegal documents:

(A) has not obtained the qualification of seafarers institutions without authorization of seafarers;

(B) by deception, bribery, false material qualifications of seafarers were acquired by illegal means, such as body;

(C) outside of the expatriate institutions for seafarers qualification certificate valid seafarers assignment without authorization;

(D) seafarers institution qualification shall be suspended during the unauthorized assignment of seafarers;

    (E) forging or altering expatriate institutions for seafarers qualification certificate without authorization to carry out the assignment of seafarers.

Article 45th assignment of seafarers in the provision of services, providing false information, fraud, seafarers, any of the following circumstances, given by a maritime administrative agency punished accordingly:

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

(B) the manning of ship service was not informed about a protocol of seafarers;

(C) counterfeiting or false vessel manning service agreement information;

(D) aboard the agreement with seafarers and ship manning does not match the contents of the services agreement and harm the interests of seafarers;

(E) sell, lease, lend expatriate institutions for seafarers qualification certificate, or any other form of illegal transfer of expatriate institutions for seafarers qualification certificate;

(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) in violation of regulations, approved seafarers institution qualification;

(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 seventh chapter by-laws

48th article of the regulations, the following terms mean:

(A) 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.