People's Republic of China ship safety inspection rules

    (November 30, 2009 People's Republic of China Ministry of transportation announced 2009 15th come into force on March 1, 2010) Chapter I General provisions

    First for regulating ship safety inspection activities, protect the water of life, and property security, prevention of pollution from ships, in accordance with the People's Republic of China maritime traffic safety law, the People's Republic of China Law of marine environmental protection and the People's Republic of China inland river transportation safety regulations, laws, administrative regulations and the conclusion, accession to the relevant international conventions, these rules are formulated.

    In the second article of the rules applicable to vessels and navigation, berthing, and operation in China's ports (including offshore mooring points), internal waters and territorial sea of foreign vessels the security activities.

    This rule does not apply to military ships, public security ships, fishing vessels and sports boats.

    This rules by said "ship security checks", is refers to maritime management institutions according to this rules provides of program, on ship technology status, and crew equipped with and the suitable any status, for supervision check, to urged ship, and crew, and ship all, and business people, and management people and ship test institutions, and sent card institutions, and recognized organization, effective implementation China legal, and administrative regulations, and regulations, ship statutory test technology specification, and China concluded, and joined of about international of provides.

    Ship safety inspection article follow the principles of law, justice, integrity, convenience.

    The fourth People's Republic of China unified management of MSA ships security check work throughout the country.

    Other maritime administration ship safety inspection work carried out in accordance with the responsibility at all levels.

    Chapter II ship safety inspection and handling

    Article fifth ship safety inspection consists of flag State control and port State control inspections.

    Flag State control refers to the nationality of ships in ship safety inspection port State control is the navigation, berthing, and operation in the port (including offshore mooring points), internal waters and territorial sea of foreign ships, ship safety inspection.

    The sixth ship safety inspection shall be conducted by at least two security personnel in the ship is at anchor or during implementation.

    Against security checks on board ship, but, except as otherwise provided in laws and administrative regulations.

    Article seventh ship safety inspection of ship safety inspection personnel must have the necessary knowledge and skills, and obtain the appropriate levels of ship safety inspection certificate.

    The maritime administrative agency shall be equipped with adequate, qualified staff and the necessary equipment, ship safety inspection, and in order to meet the needs of ships security check work.

    Article eighth ship safety inspection include:

    (A) the manning of ship;

    (B) the ship and crew of certificate, instrument, document, information;

    (C) ship construction, installations and equipment;

    (D) load line requirements;

    (E) the stowage and handling equipment;

    (F) security-related content;

    (G) the crew with responsibilities related to the actual operation of the facilities, equipment, capacity and competency certificate held by the Chinese crew the competence;

    (H) the seafarer's personal safety, hygiene and health conditions;

    (IX) ship safety and pollution prevention management system effectiveness;

    (J) the laws, administrative regulations and rules as well as other checks as required by the International Convention.

    The Nineth maritime administrative agency shall, in accordance with article People's Republic of China Maritime Safety Administration to develop a vessel chosen standards, as well as the provisions of international conventions, regional cooperation organization, combined with the area to the actual situation, in accordance with the principle of equitable and facilitate open, focused, rational selection of ships security check.

    Inspected by the maritime administrative agency of the vessel, or by the members of the Asia-Pacific memorandum of understanding on port State control authorities to check vessels of foreign nationality, within six months from the date of check will no longer be checked, but except for the following ships:

    (A) passenger ships, oil tankers, liquefied gas ships, bulk chemical tankers;

    (B) the ship water traffic accidents or pollution incidents;

    (C) were reported than safety, pollution prevention, security, labor conditions of ship;

    (D) new ships found a number of shortcomings;

    (E) the vessel chosen, the standard account of a ship has a higher security risk index;

    (Vi) People's Republic of China MSA checks of ships. The tenth ship safety inspection by inspection personnel, after the Board should ship to produce valid documents, that purpose.

    A preliminary inspection, ship visits, verification of certificate of certificate, instrument, and crews of vessels.

    Any of the following circumstances, Inspector of ships should be detailed inspections and inform the ship to conduct an examination of the reasons:

    (A) discovered during the inspection or verification in safety and pollution prevention, security, labour conditions, and the obvious defects or hazards;

    (B) were reported than safety, pollution prevention, security, labour conditions and other requirements;

    (C) two years without a detailed inspection of a maritime administrative agency;

    (D) the People's Republic of China Maritime Safety Administration requires detailed examination. 11th when checking the personnel detailed examination, the master shall assign an officer to accompany.

    Accompanying person shall truthfully answer questions asked by inspectors and test as required by inspectors and the vessel facilities, equipment.

    12th inspector should exercise professional judgement on the defects in the ship, and in accordance with the relevant provisions of laws and administrative regulations, or the international conventions, propose one or several of the following comments:

    (A) to rectify deficiencies before departure;

    (B) qualified to remedy the deficiencies within a period after departure;

    (C) detention;

    (D) prohibition of ships into the harbor;

    (E) the limited operation;

    (Vi) ordered the ship to sail to the designated area;

    (G) expulsion of a ship out of the port;

    (H) other measures stipulated by laws, administrative regulations, or the international conventions. 13th ship right to the maritime administrative agency which implementation of ship safety inspection defects and present opinions on the spot and to defend themselves.

    Maritime Administration ship views can be fully heard.

    14th implementation of flag State control over, inspectors shall be issued by the flag State inspection register; after the end of the implementation of port State control inspections, inspectors shall be issued by the port State control inspection report. Inspectors shall be the flag State supervision and inspection record book or the port State control inspections deficiencies identified in the report and the comments, signed and stamped with the seal of ship safety inspection.

    Defects treatment advice for stranded, inspectors shall be the flag State supervision and inspection record book or in the port State control inspection report indicated reason.

    15th rule of maritime administrative agency in this 12th paragraph (iii), (iv), (VII) one of the measures listed for Chinese ships should inform port of the maritime administrative agency; for vessels of foreign nationality should be by People's Republic of China Maritime Safety Administration inform the flag State administration, the International Maritime Organization.

    16th cause defects such as stranded and ship inspection bodies, certification bodies or accreditation organizations, should also be informed of the relevant ship inspection bodies, certification bodies or accreditation organizations.

    Inform the receiving ship inspection bodies, certification bodies or the recognized organization shall verify and investigate defects, take the appropriate measures, notification and timely feedback to the maritime administrative agency.

    Article 17th as well as related personnel should be in accordance with the issued by the maritime administration of the flag State supervision and inspection record book or the port State control inspection report requirements, the existing defects are corrected.

    Nationality in the master of the ship or discharge the responsibilities of the captain of the crew should check for defect correction, and recorded in the ship's log. Article 18th correction leads to the maritime administrative agency in this rule 12th to part (c), (d) and (e), (g) after one of the measures listed defects, shall apply to the maritime administrative agency for review.

    After correcting for other defects, ships may voluntarily apply for a review.

    Maritime safety authority, voluntary review of applications received, decided not to review, shall promptly notify the applicant accordingly.

    19th maritime administrative agency can check on defect correction as needed.

    Corrected defects, review or track after passing the inspection, ship safety inspection report, the inspectors shall be signed and sealed by the ship safety inspection review of qualified, the maritime administrative agency shall remove the corresponding processing measures in a timely manner.

    20th ships engaged in international voyages in article owner, operator or manager shall, in accordance with People's Republic of China Maritime Safety Administration rules, will ship on a regular basis to accept outside inspections and punishment to the port of the maritime administrative agency reports.

    Unable to return home for two consecutive years accepted the flag of the port State control inspection of the ship, People's Republic of China maritime safety administration authority, port of vessels arrived at the ship's home port of a maritime administrative agency implementation of flag State control.

    21st ships water outside in traffic accidents or pollution incidents, or entering Hong Kong at offshore detention, prohibition (arrival), expelled from Hong Kong (territory), owner, operator or manager should be in front of the vessel's arrival at the first port that will ship outside the accepted inspection and punishment to the port of the maritime administrative agency reports.

    Ships of the circumstances stipulated in the first paragraph, People's Republic of China maritime safety administration according to the nature of the accident or defect as well as objective criteria specified ships outside inspection agencies to enforce the interim test.

    22nd ship may affect water lives, property or is likely to cause pollution of the waters of defects and problems, the crew and other personnel should report to the maritime administrative agency.

    The maritime administrative agency shall keep the informer secret.

    23rd the maritime administrative agency shall establish and improve ship safety inspection information system and accept the advice and supervision of the public and interested parties.

    Article 24th is not exempt from the ship, crew members and interested parties in ship safety, pollution prevention and security should fulfil their statutory duties and obligations.

    Chapter III the flag State supervision and inspection record book and the port State control inspection report using the provisions of

    25th vessels shall carry on board the flag State supervision and inspection record book.

    The flag State supervision and inspection record book by the ship or its owners, operators, managers, to the maritime administrative agency applying for renewal, replacement. The flag State supervision and inspection record book after use or fouling can not continue to use shall apply for renewal and submit this before the flag State supervision and inspection record book.

    Due to reasons such as loss or loss of reissued and shall state the reasons in writing and shall attach all supporting documents, and provide the recently imposed a maritime administration of the flag State control name.

    26th article of the flag State supervision and inspection record book should be used, intact, no missing pages, unauthorized alteration or intentional damage.

    The port State control inspection report and the use of the flag State supervision and inspection record book shall be kept properly, at least save on the boat for two years.

    27th article in addition to the maritime administrative agency, but no units, personnel may detain, capture the flag State supervision and inspection record book or the port State control inspection report, nor in the flag State supervision and inspection record book or endorsement on the port State control inspection report.

    28th the ship shall not be altered, intentionally damaging, falsification, change the flag State supervision and inspection record book or the port State control inspection report, shall not be leased, swindle by means of fraudulent use of the flag State supervision and inspection record book or the port State control inspection report.

    The fourth chapter legal liability 29th in violation of this rule, any of the following acts, the illegal ships by the maritime administrative agency or owner, operator, Manager of less than 1000 Yuan and 10,000 yuan fine in serious cases, fines of between 10,000 yuan and 30,000 yuan.

    For offenders sentenced to less than 100 Yuan more than 1000 Yuan fine; serious cases, between 3000 and 1000 Yuan Yuan fines:

    (A) refuse or obstruct inspectors implement of ship safety inspection;

    (B) fraud deceive inspectors;

    (C) is not in accordance with the flag State supervision and inspection record book or the port State control inspection report of disposal to remedy the deficiencies or to take measures;

    (D) ships in corrected in accordance with article 19th shall apply for defects does not apply for a review of the review;

    (E) in accordance with article 20th, 21st paragraph will ship to accept outside inspections and punishment to the port of the maritime administrative agency reports;

    (Vi) altered, intentionally damaging, falsification, change the flag State supervision and inspection record book or the port State control inspection report;

    (VII) to rent, obtain fraudulent use of the flag State by means of supervision and inspection record book or a port State control inspection report.

    Article 30th vessels failing to carry the flag State supervision and inspection record book, the maritime administrative agency shall be ordered to correct, and punishment for illegal ships of 1000 Yuan.

    31st Inspector favoritism, neglect their duties or abuse of power, the maritime administrative agency shall be dealt with in accordance with the relevant provisions.

    32nd maritime administrative agency in the implementation of flag State control found the ship defects of the ship inspection bodies, certification bodies and accreditation organizations, shall, in accordance with the relevant provisions on ship inspection bodies, certification bodies, recognized organizations or their staff to carry out investigation and processing.

    The fifth chapter supplementary articles

    The 33rd article of the defects referred to in rule, refers to the crew of ship technical condition, equipped and suitable condition, is not in line with China's laws and administrative rules and regulations, ship's statutory survey technology specifications and our conclusion, accession requirements of the international conventions.

    Article 34th ship review, shall pay review costs and burdens in accordance with the provisions of applicable transportation charges.

    Article 35th of the flag State supervision and inspection record book and the port State control inspection report by the People's Republic of China Maritime Safety Administration printed. The 36th article of the rules come into force on March 1, 2010, November 5, 1997, issued by the Ministry of the People's Republic of China ship safety inspection rules (traffic order 1997 15th) repealed simultaneously.