People's Republic Of China Marine And Maritime Administrative Penalty

Original Language Title: 中华人民共和国海上海事行政处罚规定

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  Chapter I General provisions article in order to regulate marine and maritime administrative punishments, protect the legitimate rights and interests of the parties to guarantee and supervise marine and maritime administration, maritime traffic and preventing water pollution from ships under the maritime transportation Security Act, the marine environment protection law, the administrative punishment law and other relevant laws, administrative regulations and these provisions are formulated.

Article in the People's Republic of China (China) jurisdiction of coastal waters and land, or land and in coastal waters under Chinese jurisdiction and related outside of ships belonging to the Chinese maritime administrative punishment for violations of the maritime administration, the present provisions shall apply.

Jurisdiction of the Chinese crew in China coastal waters and related land and extraterritorial violations of the maritime administration, and in accordance with relevant Chinese laws and administrative regulations should be imposed administrative punishment, the maritime administrative punishments, these provisions shall apply.

Third maritime administrative punishment shall follow the legality, openness, justice, the principle of combining punishment with education.

Fourth maritime administrative punishment, the maritime administrative agency shall implement.

Chapter II applicability of maritime administrative punishment fifth maritime administration maritime administrative punishment, it shall order the parties to correct or rectify illegal act against maritime administration.

Sixth article has two or more parties the same illegal act against maritime administration, maritime administrative punishments respectively, concurrently.

For the parties to a joint illegal act against maritime administration, maritime administrative punishments respectively.

The seventh maritime administrative punishment shall be illegal act against maritime administration facts, nature, circumstances and adapt to harm.

Eighth article maritime administrative violations of party has following case one of of, should in accordance with administrative punishment method 27th article of provides, lighter or reduce give maritime administrative punishment: (a) active elimination or reduce maritime administrative violations against consequences of; (ii) by others stress implementation maritime administrative violations of; (three) tie maritime management institutions investigation maritime administrative violations has meritorious service performance of; (four) legal, and administrative regulations provides should law lighter or reduce administrative punishment of case.

Illegal act against maritime administration minor and corrected in a timely manner, causing no harm, no maritime administrative punishment.

Mentioned in the first paragraph of this article lighter given maritime administrative punishment according to law, refers to the law of maritime administrative punishment type, a lesser range given maritime administrative punishment.

Mentioned in the first paragraph of this article mitigated given maritime administrative punishment according to law, refers to the law of maritime administrative punishment types, minimum given maritime administrative punishment.

Illegal act against maritime administration vessel and crew abroad had to be punished, shall be repeated given maritime administrative punishment. Nineth article maritime administrative violations of party has following case one of of, should from heavy sentenced maritime administrative punishment: (a) caused more serious consequences or plot bad; (ii) a years for same maritime administrative violations trained maritime administrative punishment; (three) stress, and lured others implementation maritime administrative violations; (four) forged, and hidden, and destroyed maritime administrative violations evidence; (five) refused to accept or block maritime management institutions implementation supervision management; (six) legal, and

Administrative regulations shall be given a heavier maritime administrative punishment in other circumstances.

Mentioned in the first paragraph shall be given a heavier maritime administrative punishment, refers to the law of maritime administrative punishment type, given a heavier maritime administrative punishment within the range.

The first paragraph of this article (b) is within one year of the alleged that since the violations occurred within 12 months before the date.

Tenth on the party of the same illegal act against maritime administration shall not be given more than two maritime administrative punishment.

Parties is not in accordance with the provisions of the maritime administrative agency terms and ask for correction of illegal act against maritime administration, which belongs to the new illegal act against maritime administration.

Chapter III illegal act against maritime administration and the 11th of the first breach of management for the safe operation of the administrative penalty order management order in violation of the safe operation of ships, any of the following acts, the vessel owner or vessel operator fined 5000 Yuan and 30,000 yuan fines: (a) does not require safe operations and with the pollution prevention system of the document of compliance or interim document of compliance for engaging in navigation or other relevant activities;

(Ii) hide facts truth or provides false material or to other not due means cheat security operating and anti-pollution management system meet proved or temporary meet proved; (three) forged, and variable made security operating and anti-pollution management system audit of meet proved or temporary meet proved; (four) transfer, and sale, and loan, and take with security operating and anti-pollution management system audit of meet proved or temporary meet proved.

12th article violation ship security operating management order, has following behavior one of of, on ship all or ship business people sentenced 5000 Yuan above 30,000 yuan following fine; on Captain sentenced 2000 Yuan above 20,000 yuan following of fine, plot serious of, and give detained crew suitable any certificate 6 months to 24 months until revoked crew suitable any certificate of punishment: (a) not by provides made ship security management certificate or temporary ship security management certificate engaged in sailing or other about activities;

(B) concealing facts or providing falsified materials, or other improper means to defraud the ships safety management certificates and interim safety management certificate (c) forging or altering ship safety management certificates and interim safety management certificate (iv) transferring, trading, leasing, or using in marine safety management certificates and interim safety management certificate.

13th article violation security operating management order, has following case one of, caused serious consequences of, on ship all or ship business people revoked security operating and anti-pollution management system (temporary) meet proved: (a) not control ship security distribution member; (ii) not master ship dynamic; (three) not master ship mount situation; (four) ship management people not actual perform security management obligations; (five) security management system run exists major problem.

Second section violation ship, and sea facilities test and registration management order 14th article violation sea traffic security method fourth article of provides, ship and ship Shang about sailing security, and control pollution, important equipment no corresponding of effective of test certificate of, in accordance with sea traffic security method 44th article of provides, on ship all or ship business people sentenced 2000 Yuan above 30,000 yuan following fine.

This article Qian paragraph by said ship and ship Shang about important equipment no corresponding of effective of test certificate, including following case: (a) no made corresponding of test certificate; (ii) holds of test certificate belongs to forged, and variable made, and transfer, and sale or loan of; (three) holds of test certificate failure; (four) test certificate damaged, and lost but not according to provides replacement. 15th article violation sea traffic security method 16th article provides, large facilities and mobile type platform of sea towing, without ship test institutions for drag airlines test, and reported maritime management institutions approved, in accordance with sea traffic security method 44th article of provides, on ship, and facilities all or business people sentenced 2000 Yuan above 20,000 yuan following fine, on Captain sentenced 1000 Yuan above 10,000 yuan following fine, and detained crew suitable any certificate 6 months to 12 months,

Facilities chief fined 1000 Yuan and 10,000 yuan fine.

16th article violation sea traffic security method 17th article provides, ship of actual status with ship test certificate by contains not phase meet, ship not according to maritime management institutions of requirements application again test or take effective of security, in accordance with sea traffic security method 44th article of provides, on ship all or ship business people sentenced 2000 Yuan above 30,000 yuan following fine; on Captain sentenced 1000 Yuan above 10,000 yuan following fine, and detained crew suitable any certificate 6 months to 12 months.

17th article ship test institutions of test personnel violation ship and sea facilities test Ordinance of provides, has following behavior one of of, in accordance with ship and sea facilities test Ordinance 28th article of provides, by its plot give warning, and revoked inspection ship personnel registered certificate of punishment: (a) beyond terms range for ship, and facilities test; (ii) not according to provides of test specification for ship, and facilities test; (three) not according to provides of test project for ship, and facilities test;

(D) is not in accordance with the provisions of the ship inspection procedures and installations (v) issued a ship inspection certificate or inspection report does not match the actual situation of the vessels or installations.

18th article violation sea traffic security method fifth article of provides, ship not holds effective of ship nationality certificate sailing of, in accordance with sea traffic security method 44th article of provides, on ship all or ship business people sentenced 3000 Yuan above 20,000 yuan following fine; on Captain sentenced 2000 Yuan above 20,000 yuan following of fine, plot serious of, and give detained crew suitable any certificate 6 months to 24 months until revoked crew suitable any certificate of punishment.

Third section violation crew management order 19th article violation sea traffic security method seventh article of provides, not made qualified of crew positions certificate or not through crew training, unauthorized aboard service of, in accordance with sea traffic security method 44th article and crew Ordinance 60th article of provides, ordered its immediately post, sentenced 2000 Yuan above 20,000 yuan following fine, and on hired units sentenced 30,000 yuan above 150,000 yuan following fine. Qian paragraph by said not made qualified of crew positions certificate, including following case: (a) without water Shang traffic security training and made corresponding qualified proved; (ii) not holds crew suitable any certificate or other suitable any documents; (three) holding take fraud of way made of crew positions certificate; (four) holding forged, and variable made of crew positions certificate; (five) holding transfer, and sale or loan of crew positions certificate; (six) by service of ship of airlines district, and

Categories and grades or positions beyond the scope of the job certificate of crew membership limited; (VII) has exceeded the effective term of the job certificate of crew membership; (h) crew of failing to hold the service book. On the second paragraph of this section (c), (e) violations of the provisions, apart from fines, and revoked job certificate of crew membership.

The second paragraph of this article (e) provision of leased job certificate of crew membership but also to job certificate of crew membership lender fined 2000 Yuan and 20,000 yuan fine.

The second paragraph of this article (d) violations of the provisions, apart from fines, and collect relevant certificates.

The second paragraph of this article (f) violations of the provisions, apart from fines, and detained a crew member certificate from 3 months to 12 months.

20th article crew employing units, and ship all has following not according to provides enrollment with foreign nationality crew in in the nationality ship Shang served case of, in accordance with crew Ordinance 60th article of provides, ordered corrected, and sentenced 30,000 yuan above 150,000 yuan following fine: (a) not in accordance with legal, and administrative regulations and national other about provides made employment license; (ii) not holds qualified of and issued country and China signed has crew certificate recognized agreement of crew certificate;

(C) employment of foreign seamen shipping companies promise to take responsibility for crew member rights.

21st crew services and employer not hire the crew or crew of the situation regularly to the management of the maritime administrative agency for record, according to the crew the 64th article of provisions in the Ordinance, the unit in charge shall be fined a maximum of 5000 Yuan and 20,000 yuan.

Crew services referred to in the preceding paragraph include expatriate institutions for seafarers.

Mentioned in the first paragraph of this section crew services and crew the employer fails regularly to the maritime administrative agency for record, includes the following situations: (a) is not in accordance with the regulations for the record or file content is not comprehensive, not true, (ii) is not within the prescribed time for the record, (iii) is not in accordance with the form for the record. 22nd article violation sea traffic security method eighth article of provides, facilities not according to national provides equipped with master avoidance touch, and signal, and communications, and fire, and lifesaving, professional skills of personnel, in accordance with sea traffic security method 44th article of provides, on facilities all or facilities business people sentenced 1000 Yuan above 10,000 yuan following fine; on facilities main head and directly responsibility personnel sentenced 1000 Yuan above 8000 Yuan following fine.

Fourth section violation sailing, and parked and job management order 23rd article violation sea traffic security method sixth article of provides, ship not according to standard fixed equipped with enough to guarantee ship security of qualified crew, in accordance with sea traffic security method 44th article of provides, on ship all or ship business people sentenced 3000 Yuan above 20,000 yuan following fine; on Captain sentenced 2000 Yuan above 20,000 yuan following fine; plot serious of, and give detained crew suitable any certificate 3 months to 12 months of punishment.

Mentioned in the first paragraph of this article is not according to the standard fixed qualified crew high enough to ensure the safety of ships, including the following: (a) ships the number below the crew members equipped to the vessel's minimum safe manning certificate the fixed requirements; (b) the vessel without a valid minimum safe manning certificate. 24th article violation sea traffic security method Nineth article of provides, ship, and facilities Shang of personnel not comply with about sea traffic security of regulations and operation, in accordance with sea traffic security method 44th article and crew Ordinance 57th article of provides, sentenced 1000 Yuan above 10,000 yuan following fine; plot serious of, and give detained crew suitable any certificate 6 months to 24 months until revoked crew suitable any certificate of punishment.

Accidents, in accordance with the provisions of article 25th detention punishment or revoke the certificates of competency of seafarers.

This article Qian paragraph by said not comply with about sea traffic security of regulations, including following case: (a) in ship Shang perform crew positions, not according to crew duty rules implementation duty; (ii) not get necessary of rest induction operation; (three) in ship Shang duty during, body alcohol content over provides standard; (four) in ship Shang perform crew positions, clothing food effect security duty of prohibited drug; (five) not used security speed sailing; (six) not according to provides of route sailing; (seven) not according to requirements keep formal has looked;

(Eight) not comply with avoidance touch rules; (nine) not according to provides parked, and reversing, and turn, and Chase more; (ten) not according to provides displayed signal; (11) not according to provides keep listening to sailing communications; (12) not according to provides keep ship automatically recognition system in normal work State, or not according to provides in ship automatically recognition equipment in the entered accurate information, or ship automatically recognition system occurred fault not timely to maritime management institutions report; (13) not according to provides for test, and trial, and speed, and differentiation school direction;

(14) not according to provides test, and maintenance ship equipment; (15) not according to provides keep cabin good ventilation or clean; (16) not according to provides using fire; (17) not according to provides fill in navigation log; (18) not according to provides take guarantees personnel Shang, and Xia ship, and facilities security of measures; (19) not according to provides carrying easy flow state of goods, or not according to provides to maritime management institutions record. 25th article violation sea traffic security method Nineth article of provides, ship, and facilities Shang of personnel not comply with about sea traffic security of regulations and operation, caused sea traffic accident of, also should according to following provides give punishment: (a) caused special major accident of, on has all responsibility, and main responsibility of crew revoked suitable any certificate or other suitable any documents, on has secondary responsibility of crew detained suitable any certificate or other suitable any documents 12 months until revoked suitable any certificate or other suitable any documents

Duty and on duty crew detained for certificates of competency or other certificates of competency for 24 months or revoke a certificate of competency or other certificates of competency.

(Ii) caused major accident of, on has all responsibility, and main responsibility of crew revoked suitable any certificate or other suitable any documents; on has secondary responsibility of crew detained suitable any certificate or other suitable any documents 12 months to 24 months; responsibility quite of, on responsibility crew detained suitable any certificate or other suitable any documents 18 months or revoked suitable any certificate or other suitable any documents.

(C) cause a big accident, bears full responsibility, the primary responsibility of the crew detained seafarers ' certificates from 12 months to 24 months or revoke the seafarers ' certificates, crew detained seafarers with responsibility for secondary certificate 6 months duty, on duty crew detained seafarers ' certificates for 12 months.

(D) the General accident, bears full responsibility, the primary responsibility of the crew detained seafarers ' certificates from 9 months to 12 months, crew detained seafarers with responsibility for secondary certificate from 6 months to 9 months; responsibilities, crew detained seafarers ' certificates of liability 9 months. 26th article violation sea traffic security method tenth article of provides, ship, and facilities not comply with about legal, and administrative regulations and regulations, in accordance with sea traffic security method 44th article of provides, on ship, and facilities all or business people sentenced 3000 Yuan above 10,000 yuan following fine; on Captain or facilities main head 2000 Yuan above 10,000 yuan following fine and on other directly responsibility personnel sentenced 1000 Yuan above 10,000 yuan following fine; plot serious of,

And give detained crew suitable any certificate 6 months to 24 months until revoked crew suitable any certificate of punishment: this article Qian paragraph by said ship, and facilities not comply with about legal, and administrative regulations and regulations, including following case: (a) not according to provides maintenance, and detection effect ship airworthiness performance of equipment; (ii) not according to provides maintenance, and detection communications equipment and fire equipment; (three) not according to provides carrying passenger, and vehicles; (four) over approved load line carrying goods; (five) not meet security sailing conditions and sailing; (Six) not meet security job conditions and job; (seven) not according to provides for night; (eight) forced crew violations operation; (nine) forced crew fatigue induction operation; (ten) not according to crew duty rules arrangements crew duty; (11) over approved airlines district sailing; (12) not according to provides of route driving; (13) not comply with avoidance touch rules; (14) not used security speed sailing; (15) not according to provides parked, and reversing, and turn, and Chase more; (16) not according to provides for test, and trial, and

Speed, and differentiation school direction; (17) not comply with sailing, and parked and job signal provides; (18) not comply with forced pilot provides; (19) not comply with sailing communications and radio communications management provides; (20) not according to provides keep cabin good ventilation or clean; (21) not according to provides take guarantees personnel Shang, and Xia ship, and facilities security of measures; (22) not comply with about fire job security operation; (23) not according to provides towing or non-towing ship engaged in towing job;

(24) the violation of the relevant provisions of the ship or barge (25) does not comply with the requirements to fill out log (26) is not reporting locality, pursuant to the provisions of ship (27) is not marked in accordance with the provisions of the ship, the ship identification number (28) are not equipped with nautical information in accordance with regulations.

27th article violates the 11th article of the maritime traffic safety law, non-military vessels of foreign nationality without the approval of the maritime administrative agency to enter the Chinese inland waters or ports or not complying with the provisions of the import and export Bank procedures, in accordance with the provisions of article 44th of the maritime traffic safety law, the vessel owner or vessel operator fined 30,000 yuan fine, Captain fined 10,000 yuan fine.

28th article violates the 11th article of the maritime traffic safety law, foreign non-military vessels to enter China's inland waters and ports do not obey the command of a maritime administrative agency in accordance with the provisions of article 44th of maritime traffic safety law, the shipowner or ship operator warned or fined a maximum of 2000 Yuan and 20,000 yuan, warning against Captain or fined a maximum of 1000 Yuan and 10,000 yuan. 29th article violation sea traffic security method 13th article provides, outside nationality ship access China port or in Hong Kong within sailing, and moved parking and by away from Hong Kong outside Department parking points, and handling station,, not according to provides application assigned pilot Member pilot, or not using according to provides assigned of pilot Member pilot of, in accordance with sea traffic security method 44th article of provides, on ship all or ship business people sentenced warning or 2000 Yuan above 10,000 yuan following fine,

Captain punished with a warning or fined a maximum of 1000 Yuan and 10,000 yuan. 30th article violation sea traffic security method 14th article provides, ship access port or through traffic control district, and navigation intensive district and sailing conditions by limit of regional Shi, not comply with Government or maritime management institutions announced of special provides of, in accordance with sea traffic security method 44th article of provides, on ship all or ship business people sentenced warning or 1000 Yuan above 10,000 yuan following fine, on Captain sentenced warning or 500 Yuan above 10,000 yuan following fine,

And detention of seafarers ' certificates from 3 months to 12 months.

31st article violation sea traffic security method 15th article provides, ship no due reason into or through ban airlines district, in accordance with sea traffic security method 44th article of provides, on ship all or ship business people sentenced warning or 2000 Yuan above 10,000 yuan following fine, on Captain sentenced warning or 1000 Yuan above 10,000 yuan following fine, and detained crew suitable any certificate 3 months to 12 months. 32nd breach of either the 12th article of the maritime traffic safety law, international ships in and out of China, refuses to accept the maritime administrative agency inspections, in accordance with the provisions of article 44th of the maritime traffic safety law, the vessel owner or vessel operator fined 1000 Yuan and 10,000 yuan fine; the circumstances are serious, fined 10,000 yuan and 30,000 yuan fine.

On Captain or other responsibility personnel sentenced 100 Yuan above 1000 Yuan following of fine; plot serious of, sentenced 1000 Yuan above 3000 Yuan following of fine, and can detained crew suitable any certificate 6 months to 12 months: this article Qian paragraph by said refused to accept maritime management institutions of check, including following case: (a) refused to or block maritime management institutions implementation security checks; (ii) in the nationality ship accept maritime management institutions implementation security checks Shi not submitted ship flag country security checks record book;

(C) upon receiving the maritime administrative agency to implement security checks, fraud and (iv) not in accordance with the safety inspection of the maritime administrative agency for rectification.

33rd article violation sea traffic security method 12th article of provides, China nationality domestic sailing ship access port not according to provides handle access Hong Kong visa of, in accordance with sea traffic security method 44th article of provides, on ship all or ship business people sentenced 2000 Yuan above 10,000 yuan following fine; on Captain sentenced 1000 Yuan above 10,000 yuan following fine, and can detained crew suitable any certificate 6 months to 24 months.

34th article violation port construction fee levy using management approach, not by provides paid or less paid port construction fee of, in accordance with financial violations punishment disposition Ordinance 13th article provides, ordered corrected, and at not paid or less paid of port construction fee of 10% above 30% following of fine; on directly is responsible for of competent personnel and other responsibility people sentenced 3000 Yuan above 50,000 yuan following fine.

For outstanding port charges in domestic and international import and export cargo, port operators, shipping agents or the breach of the carrier for the shipment or from port procedures, prevent the ship from leaving port, shall be ordered to suspend, change, shall be ordered to stop operations, and directly responsible for the officer or other person in charge shall be fined a maximum of 3000 Yuan and 30,000 yuan.

35th article violation ship port fee levy management order, not according to provides timely full paid ship port fee of, by maritime management institutions ordered deadline paid, and from settlement of next day up, by day nuclear received should paid ship port fee 5 ‰ of late fees; on stole paid, and anti-paid ship port fee of, can ban ship away from Hong Kong, or ordered its suspended, and modified airlines, and stop job, and sentenced owes paid ship port fee of 1 time times above 3 times times following, and highest not over 30,000 yuan of fine. 36th article violation sea sailing warning and sailing notices management provides eighth article provides, sea sailing warning, and sailing notices released Hou, applicants not in national competent organ or regional competent organ approved of time and regional within for activities, or need change activities time or change activities regional of, not by provides again application released sea sailing warning, and sailing notices, in accordance with sea sailing warning and sailing notices management provides 17th article of provides, ordered its stop activities,

And may be fined a maximum of 2000. 37th article violation sea sailing warning and sailing notices management provides, caused sea traffic accident of, in accordance with sea sailing warning and sailing notices management provides 20th article, on ship, and facilities all or business people sentenced 3000 Yuan above 10,000 yuan following fine; on Captain or facilities main head sentenced 2000 Yuan above 10,000 yuan following fine and on other directly responsibility personnel sentenced 1000 Yuan above 10,000 yuan following fine; plot serious of,

Detained seafarers ' certificates and given 6 months to 24 months until cancelled the punishment of seafarers ' certificates.

The fifth breach of carriage of dangerous goods safety, supervision and administration of the 38th article violates article 44th of the safety management of dangerous chemicals Ordinance provides that any of the following circumstances, in accordance with the 86th of the provisions of the regulations on the safety management of dangerous chemicals, the maritime administrative agency shall order rectification, fines of between 50,000 yuan and 100,000 yuan; it refuses, ordered to be laid up or business operation for rectification.

(A) the crew engaged in transportation of dangerous chemicals has not obtained the appropriate seafarers ' certificates and training certification, (ii) transport of dangerous chemicals declarer, container stuffing facilities on-site inspections without qualification.

39th article violation dangerous chemicals Security Management Ordinance 18th article of provides, transport dangerous chemicals of ship and stowage of container without test qualified and input using of, in accordance with dangerous chemicals Security Management Ordinance 79th article of provides, by maritime management institutions ordered corrected, on ship all or business people sentenced 100,000 yuan above 200,000 yuan following of fine; has illegal proceeds of, confiscated illegal proceeds; refused to corrected of, ordered suspended reorganization.

40th article violation dangerous chemicals Security Management Ordinance 45th article of provides, ship transport dangerous chemicals, not according to dangerous chemicals of dangerous characteristics take corresponding of security protection measures, or not equipped with necessary of protection supplies and emergency rescue equipment of, in accordance with dangerous chemicals Security Management Ordinance 86th article of provides, by maritime management institutions ordered corrected, on ship all or business people sentenced 50,000 yuan above 100,000 yuan following of fine; refused to corrected of, ordered suspended reorganization. This article Qian paragraph by said not according to dangerous chemicals of dangerous characteristics take corresponding of security protection measures, or not equipped with necessary of protection supplies and emergency rescue equipment, including following case: (a) intends delivered ship transport of chemicals of related security transport conditions not clear, goods all or agent not delegate related technology institutions for assessment, or without maritime management institutions confirmed, delivered ship transport of; (ii) shipment dangerous chemicals of ship not according to about provides prepared emergency plans and equipped with corresponding protection supplies, and

Emergency rescue equipment; (three) ship shipment dangerous chemicals, not according to provides for product contains or isolation; (four) shipment dangerous chemicals of ship unauthorized in non-parked dangerous chemicals ship of anchorage, and terminal or other waters parked; (five) ship by shipment of dangerous chemicals of packaging logo not meet about provides; (six) ship shipment dangerous chemicals occurred leak or accident accident, not timely take measures or not to maritime management institutions report.

41st vessel carrying dangerous chemicals into and out of ports, do not go through the formalities of a maritime administrative agency according to law, the vessel owners or operators of less than 10,000 yuan and 30,000 yuan fine. 42nd article violation dangerous chemicals Security Management Ordinance 53rd article, and 63rd article of provides, through ship carrying dangerous chemicals, checked people not to carrier description by checked of dangerous chemicals of type, and number, and dangerous characteristics and occurred dangerous situation of emergency disposal measures, or not according to national about provides on by checked of dangerous chemicals properly packaging and out packaging Shang set corresponding logo of, in accordance with dangerous chemicals Security Management Ordinance 86th article of provides,

The maritime administrative agency shall order rectification, the shipper fines of between 50,000 yuan and 100,000 yuan; it refuses to, shall be ordered to suspend the reorganization.

43rd article violation dangerous chemicals Security Management Ordinance 64th article of provides, through ship carrying dangerous chemicals, in checked of General goods in the entrainment dangerous chemicals, or will dangerous chemicals lied about or Punic reported for general goods checked of, in accordance with dangerous chemicals Security Management Ordinance 87th article of provides, by maritime management institutions ordered corrected, on checked people sentenced 100,000 yuan above 200,000 yuan following of fine, has illegal proceeds of, confiscated illegal proceeds; refused to corrected of, ordered suspended reorganization. 44th article violation sea traffic security method 32nd article provides, ship, and floating facilities store, and handling, and transport dangerous chemicals yiwai of dangerous goods, not has security reliable of equipment and conditions, or not comply with national on dangerous chemicals yiwai of dangerous goods management and transport of provides of, in accordance with sea traffic security method 44th article of provides, on ship, and facilities all or business people sentenced 10,000 yuan above 20,000 yuan following fine

; The facilities captain or major in charge and the other persons sentenced to less than 2000 Yuan and 10,000 yuan fine, and detained seafarers ' certificates from 6 months to 24 months. Referred to in these articles do not have safety equipment and conditions, including the following: (a) vessel carrying dangerous goods other than dangerous chemicals are not in accordance with the relevant provisions of preparing contingency plans and equipped with the appropriate protective equipment, first-aid equipment, (ii) vessel carrying dangerous goods other than dangerous chemicals and stowage of containers, inspection not in accordance with the relevant specification;
(Three) ship shipment dangerous chemicals yiwai of dangerous goods, by using packaging of material, and type type, and specifications, and method and single pieces quality (weight) and by packaging of dangerous goods of nature and uses not phase adapted; (four) ship shipment dangerous chemicals yiwai of dangerous goods of packaging logo not meet about provides; (five) shipment dangerous chemicals yiwai of dangerous goods of ship, not by provides equipped with enough of made corresponding of special training qualified certificate of crew.

This terms by said not comply with national on dangerous chemicals yiwai of dangerous goods management and transport of provides, including following behavior: (a) using without test qualified of packaging real, and container packaging, and costumes, and transport; (ii) repeat using of packaging real, and container in using Qian, not for check; (three) not according to provides displayed mount dangerous goods of signal; (four) not according to dangerous goods of characteristics take necessary security protection measures; (five) not according to about provides on carrying in the of dangerous goods for check;

(F) vessel carrying dangerous cargo ships docked in non-dangerous goods without authorization of the anchorage, dock, or other waters where; (VII) vessels carrying dangerous goods leak or accident, failure to take timely measures or do not report to the maritime administrative agency.

45th article violation sea traffic security method 33rd article provides, ship shipment dangerous chemicals yiwai of dangerous goods access port, not to maritime management institutions handle declared procedures, in accordance with sea traffic security method 44th article of provides, on ship, and facilities all or business people sentenced 300 yuan above 10,000 yuan following fine; on Captain or facilities main head and other directly responsibility personnel sentenced 200 Yuan above 10,000 yuan following fine, and detained crew suitable any certificate 6 months to 24 months. Sixth section violation shipwreck rescue management order 46th article violation sea traffic security method 34th article provides, ship, and facilities or aircraft killed Shi, not timely to maritime management institutions report accident time, and locations, and damaged situation, and rescue requirements and occurred accident of reasons of, in accordance with sea traffic security method 44th article provides, on ship, and facilities all or business people sentenced 2000 Yuan above 10,000 yuan following fine; on Captain, and

Facilities chief fined 1000 Yuan and 8000 Yuan the following fines and detention of seafarers ' certificates from 6 months to 12 months. 47th article violation sea traffic security method 36th article provides, accident site near of ship, and facilities, received for help signal or found was suffered life dangerous Shi, in not serious endanger itself security of situation Xia, not rescue killed personnel, or not quickly to maritime management institutions report site situation and this ship, and facilities of name, and callsign and location, in accordance with sea traffic security method 44th article provides, on ship, and facilities all or business people sentenced 200 Yuan above 10,000 yuan following fine

; To the captain, facilities chief fined 1000 Yuan and 10,000 yuan fine, if the circumstances are serious, and detained seafarers from 6 months to 24 months until the revocation of the certificate of competency certificates. 48th article violation sea traffic security method 37th article provides, occurred sea traffic accident of ship, and facilities has following behavior one of, in accordance with sea traffic security method 44th article provides, on ship, and facilities all or business people sentenced 200 Yuan above 10,000 yuan following fine; on Captain, and facilities main head sentenced 1000 Yuan above 10,000 yuan following fine, plot serious of, and detained crew suitable any certificate 6 months to 24 months until revoked crew suitable any certificate: (a) not Exchange name, and

Nationality and port of registry, (ii) helping persons in distress, and (iii) in cases of serious danger to their own safety, leave the scene of the accident or escape.

49th article violation sea traffic security method 38th article provides, units and in accident site near of ship, and facilities, not follow maritime management institutions unified command implementation rescue, in accordance with sea traffic security method 44th article provides, on ship, and facilities all or business people sentenced 200 Yuan above 10,000 yuan following fine; on Captain, and facilities main head sentenced 100 Yuan above 8000 Yuan following fine, and can detained crew suitable any certificate 6 months to 12 months.

Seventh section violation sea salvage management order 50th article violation sea traffic security method 40th article provides, on effect security sailing, and channel regulation and has potential explosion dangerous of sank real, and floating real, its all, and business people not according to maritime management institutions qualified term salvage clear, in accordance with sea traffic security method 44th article provides, on corporate or other organization sentenced 10,000 yuan fine; on natural sentenced 5000 Yuan fine.

51st 41st of the violations of the maritime traffic safety law provides, without the approval of the maritime administrative agency, unauthorized salvage or dismantling of sunken ships in coastal waters, according to the 44th article of the maritime traffic safety law and fined 5000 Yuan and 30,000 yuan fine.

Eighth breach of coastal water environment pollution from ships at sea order 52nd water mentioned in this section shall ship, port, ship, its meaning and the prevention of pollution from ship-breaking environmental regulations on the use of the same terms mean the same.

This section known as inland waters, pollution damage to the marine, to discharge or dump, meaning respectively with the marine environmental protection law of the use of the same terms mean the same thing. 53rd article violation prevent split ship pollution environment management Ordinance provides, has following case one of of, in accordance with prevent split ship pollution environment management Ordinance 17th article of provides, except ordered its deadline corrected outside, also can according to different plot, sentenced 10,000 yuan above 100,000 yuan following of fine: (a) not holds by approved of environment effect report book (table), unauthorized set split shipyard for split ship of; (ii) occurred pollution damage accident,

  No pollution by ship scraping of the maritime administrative agency reporting to the authority not to eliminate or control pollution measures; (c) waste oil vessel without washing, sewage, clearing and dismantling of measuring and (iv) any emission pollutants cause serious pollution or discarded.

54th article violation prevent split ship pollution environment management Ordinance provides, has following case one of of, in accordance with prevent split ship pollution environment management Ordinance 18th article of provides, except ordered its deadline corrected outside, also can according to different plot, sentenced warning or sentenced 10,000 yuan following of fine: (a) refused to or block maritime management institutions for site check or in was check Shi fraud of; (ii) not by provides requirements equipped with and using anti-dirt facilities, and equipment and equipment, caused pollution of;

   (C) the pollution accident, is taking measures to eliminate or control the pollution, but not pollution by ship scraping of the maritime administrative agency reporting to the authority, and (iv) ship unit after closure, relocation, site cleanup of the original site failed. 55th article violation marine environmental protection method about provides, ship has following behavior one of of, in accordance with marine environmental protection method 73rd article of provides, ordered deadline corrected, and on ship all or business people sentenced fine: (a) to coastal waters emissions marine environmental protection method ban emissions of pollutants or other material of; (ii) not according to marine environmental protection method provides to marine emissions pollutants, or over standard emissions pollutants of; (three) not made marine dumping license,

To dump waste at sea (iv) due to an accident or other unexpected events, marine pollution and treatment measures are not taken immediately.

The preceding paragraph (a), (c) acts and fined 30,000 yuan and 200,000 yuan penalty; former subparagraph (b), (d), fined 20,000 yuan and 100,000 yuan fine.

56th article violation marine environmental protection method provides, ship in port regional within caused coral reefs, and Red Woods, marine ecological system and the marine aquatic resources, and marine reserves damage of, in accordance with marine environmental protection method 76th article of provides, ordered deadline corrected and take remedy measures, and on ship all or business people to at 10,000 yuan above 100,000 yuan following of fine; has illegal proceeds of, confiscated its illegal proceeds. 57th article violation marine environmental protection method provides, has following behavior one of of, in accordance with marine environmental protection method 88th article of provides, be warning, or sentenced fine: (a) ship, and port, and Terminal, and handling station not by provides equipped with anti-dirt facilities, and equipment of; (ii) ship not made and with ship carry anti-dirt certificate, and anti-dirt instruments of; (three) ship not truthfully records pollutants disposal situation; (four) engaged in water Shang and port waters split ship, and old ship modified, and salvage and other water Shang, and water Xia construction job

And marine pollution damage to the environment; (e) shipping of the goods do not have pollution prevention and fitness conditions.

The preceding paragraph (a), (e), fined 20,000 yuan and 100,000 yuan fine; the preceding paragraph (b), (c) conduct, punishable by fines of less than 20,000 yuan; former subparagraph (d), impose a fine below 50,000 yuan and 200,000 yuan.

The 58th in violation of the provisions of the law of marine environmental protection, ship to establish oil spill contingency plan, in accordance with the provisions of the marine environmental protection law of the 89th, warning to the ship-owner or operator, and a rectification.

59th article ship not comply with anti-pollution of legal, and regulations and regulations and operation, exists following case of, by maritime management institutions on ship all or business people be warning, or sentenced 1000 Yuan above 10,000 yuan following fine: (a) not according to provides in port waters within using burning furnace of; (ii) not according to provides in port waters within wash class, and clear class, and drive gas, and side outside copy shovel and the paint job or emissions ballast water; (three) not according to by approved of requirements using chemical elimination oil agent;

(D) do not wash stained with pollution, toxic and hazardous substances pursuant to the provisions of the deck.

Nineth day 60th against traffic accident investigates the processing order of maritime traffic accidents in these rules, the meaning and the investigation and handling of maritime traffic accidents Ordinance the same terms mean the same thing. 61st article violation sea traffic accident survey processing Ordinance provides, has following behavior one of of, in accordance with sea traffic accident survey processing Ordinance 29th article and crew Ordinance 57th article of provides be punishment: (a) occurred sea traffic accident, not by provides of time to maritime management institutions report or submitted sea traffic accident report book; (ii) in the nationality ship in People's Republic of China jurisdiction waters yiwai occurred sea traffic accident, ship all or business people not by Sea traffic accident survey processing Ordinance 32nd article provides to flag Hong Kong maritime management institutions report, or will judgement, and ruling book or mediation book of copy or copies reported flag Hong Kong of maritime management institutions record; (three) occurred sea traffic accident, not by maritime management institutions of requirements drove to specified locations, or in not found endanger ship security of situation Xia without maritime management institutions agreed unauthorized left specified locations; (four) occurred sea traffic accident, report of content or sea traffic accident report book

Of content not meet sea traffic accident survey processing Ordinance fifth article, and seventh article provides of requirements, or not real, effect accident survey or to about sector caused loss; (five) occurred sea traffic accident, not by sea traffic accident survey processing Ordinance Nineth article of provides, to local or ship first arrived Hong Kong of ship test institutions, and police fire supervision organ application test, and identification, and will test report copy sent maritime management institutions record, effect accident survey;

(Vi) refused to accept the accident or unreasonable obstruction of accident investigation, interfere with the maritime administrative agency; (VII) accept the accident intentionally concealing facts or providing false testimony. The preceding paragraph (a), the crew warned or fined a maximum of 1000 Yuan and 10,000 yuan, if the circumstances are serious, and detained its crew service book, seaman crew of 6 months to 24 months until the revocation of the certificate of service book, seafarers ' certificates of punishment; warns against ship-owner or operator, or fined a maximum of 5000 Yuan.

The preceding paragraph (b) to (g), warned or fined a maximum of 200 Yuan for crew; warns against ship-owner or operator, or fined a maximum of 5000 Yuan.

62nd article violation sea traffic accident survey processing Ordinance 33rd article, sent to outside nationality ship served of holds People's Republic of China crew suitable any certificate of China nationality crew on sea traffic accident of occurred has responsibility, besides sent service institutions not according to provides report accident of, in accordance with sea traffic security method 44th article provides, on crew outside sent service institutions sentenced 1000 Yuan above 10,000 yuan following fine.

Fourth chapter jurisdiction of maritime administrative punishment procedures section 63rd case of maritime administrative punishment by the illegal act against maritime administration maritime administration jurisdiction, laws, administrative regulations and these provisions except as otherwise provided.

Illegal act against maritime administration referred to in the preceding paragraph of this article, including the original illegal act against maritime administration, process, results.

64th at various levels of the Marine Department Marine Bureau following the area within the jurisdiction of maritime administrative punishment cases: (a) for natural persons subject to a warning, less than 10,000 yuan fine, detention of competency certificates from 3 months to 6 months of maritime administrative punishment, (ii) legal persons or other organizations warn, fined a maximum of 30,000 yuan of maritime administrative punishment.

At all levels of jurisdiction of the Maritime Bureau of all maritime administrative punishment cases within their respective jurisdictions.

65th dispute arises over jurisdiction of maritime administrative punishment cases, approval of the maritime administrative agency level specified on the common jurisdiction.

Maritime administrative agency subordinate to the jurisdiction of a case of maritime administrative punishment, that need to be handled by the maritime administrative agency superior, may report to the higher maritime administrative agency decisions.

66th the maritime administrative agency for maritime administrative punishment case fell outside its jurisdiction, it shall transfer the jurisdiction of maritime administrative agency; transferred to the maritime administration if it deems improper transfer, shall be submitted to the maritime administrative agency level on the common designation of jurisdiction.

67th maritime administrative agency at a higher level since receiving the jurisdiction of maritime administrative punishment cases disputes or reported to transfer jurisdiction of maritime administrative punishment cases jurisdiction within the 7th from the date of decision. 68th custody of the maritime administrative agency shall accept the case or specific cases under its jurisdiction as the 73rd article on the date date of the violations found and the imposition of administrative penalty in accordance with section III of this chapter.

Referral of cases by the maritime administrative agency the evidence obtained, and transferred to the maritime administration examination, can be directly transferred to the maritime administration the implementation of administrative punishment as evidence.

Section II summary 69th maritime administrative illegal facts are clear, and there is a statutory basis, warn or impose a fine of less than 50 Yuan for natural persons, legal persons or other organizations warned or fined a maximum of 1000 's of maritime administrative punishment, can make the decision of maritime administrative punishment on the spot.

70th article maritime administrative law enforcement personnel law spot made maritime administrative punishment decided, should comply with following program: (a) to party show maritime administrative law enforcement documents; (ii) told party made maritime administrative punishment decided of facts, and reason and according to and party law enjoys of right; (three) heard party of views; (four) review party proposed of facts, and reason and evidence; (five) fill in scheduled format, and unified number of maritime administrative punishment decided book;

(Vi) decision of maritime administrative punishment on the spot to deliver party; (g) the party to sign a copy of the decision of maritime administrative punishment.

71st maritime administrative law enforcement personnel shall make a decision of maritime administrative punishment on the spot, should the decision of maritime administrative punishment in the 3rd book under this newspaper belongs to the maritime administrative agency for record.

Section III general procedures section 72nd maritime administrative punishment, in addition to summary proceedings, general procedures shall apply.

73rd by law of maritime administrative punishment on the spot, the maritime administrative agency found that natural persons, legal persons or other organizations of maritime administrative punishment, the maritime administrative illegal act according to law, should be completed from the date of discovery, 7th filing form of maritime administrative punishment, head of the maritime administrative agency for approval.

Water transport accidents should be maritime administrative punishment shall be from the date of completion of marine traffic accidents investigation fill out a case of maritime administrative punishment in the 7th form, head of the maritime administrative agency for approval.

74th maritime administrative agency found natural persons, legal persons or other organizations of suspected illegal act against maritime administration shall immediately investigate according to law, to collect relevant evidence.

Maritime Administration a case of maritime administrative punishment shall be comprehensive, objective and impartial investigations and collect evidence.

75th to prove the true circumstances of a case of maritime administrative punishment, is evidence.

Types of evidence in a case of maritime administrative punishment are as follows: (a) the documentary evidence and (ii) evidence, (iii) audio-visual materials; (d) electronic data; (e) the testimony of a witness, (f) the statements of the parties, (VII) expert opinions, (VIII) transcripts, field notes.

76th investigation or inspection of a case of maritime administrative punishment, which shall be 2 per cent of maritime administrative law enforcement personnel to serve as investigators.

Investigators and has a direct interest in the case of, and should be avoided.

77th investigators questions or check, shall produce the maritime administrative law enforcement documents, and ask for transcripts, field notes or transcripts. Inquiry transcripts, field notes or transcripts of the person being interrogated, the inspected person after confirmation, signed by the person being interrogated and the check or sealed.

Refuses to sign or seal, the investigation personnel shall indicate the situation on the record.

Involving State secrets, business secrets and personal privacy, the maritime administrative agency, inspectors and investigators should be to keep it secret. 78th gathering of maritime administrative punishment cases documentary evidence, material evidence and audio-visual material, should be original and original.

There is difficulty in collecting originals, originals, evidence submitted by the natural person, legal person or other organization in reproductions, photographs and other items signed or sealed and marked "with the original line".

A maritime administrative agency can use photography, audio, video, and other means of investigation permitted by law.

79th investigation personnel, inspection personnel to inspect or obtain information on the case of maritime administrative punishment, extract or copy of the relevant content, and identifying the sources. 80th investigators, inspectors with the case articles or sites conduct an inquest or examination, shall notify the party scene, make transcripts or transcripts.

Parties don't show up or is difficult to determine the party for the time being, the presence of other witnesses could be invited.

Transcripts or field record shall be signed or sealed by the parties or witnesses; refuses to sign or seal, the investigation personnel shall indicate the situation on the transcripts or examination. Sampling evidence article 81st required, it shall notify the parties and making sampling evidence list.

Parties don't show up or is difficult to determine the party for the time being, the presence of other witnesses could be invited.

Sample list of evidence shall be signed or sealed by the investigators, parties or witnesses.

Maritime administrative agency shall keep sampling and evidence items; need to return, should be returned immediately.

82nd article to identify the facts of the case of maritime administrative punishment needs to be special problems of technical appraisal, the maritime administrative agency shall make relevant technology to identify bodies or identify personnel with expertise, and expert opinion, signed or sealed by the technical appraisement institutions and personnel. The 83rd case of maritime administrative punishment that evidence may be destroyed or lost or difficult to obtain later, approved by the head of the maritime administration, you can inform the party or person concerned, registration and preservation of evidence, and list of the evidence registered for keeping.

Party or the person concerned is not present or is temporarily difficult to determine a party's, of the person concerned, may request the presence of witnesses. List of the evidence registered for keeping shall be checked by the investigators, staff, parties or other relevant persons, witness signature or seal.

Refuses to sign or seal, the investigation personnel shall indicate the situation on the list of the evidence registered for keeping.

Maritime management institutions on registration save of items, should in 7th within made following processing decided: (a) need for technology identification of, in accordance with this provides 82nd article of provides sent identification; (ii) on not should sentenced maritime administrative punishment of, should lifted first registration save, and will first registration save of items timely returned; (three) legal, and regulations, and regulations provides should for other processing of, law for other processing.

Upon completion of the 84th maritime administrative punishment cases investigation, shall draw up a report of maritime administrative punishment cases, together with the evidence and the approval of the maritime administrative offence case form, and transferred to the maritime administration in charge of legal affairs organs for examination.

85th article maritime management institutions is responsible for legal work of features institutions pre maritime administrative punishment case take written form for, main content including: (a) case whether belongs to this maritime management institutions jurisdiction; (ii) party of basic situation whether clear; (three) case facts whether clear, evidence whether does, and full; (four) qualitative whether accurate; (five) applies legal, and regulations, and regulations whether accurate; (six) administrative punishment whether appropriate; (seven) case program whether legal. 86th article maritime management institutions is responsible for legal work of features institutions pre finished Hou, should according to following provides proposed written views, reported this maritime management institutions head review: (a) illegal facts clear, evidence does, and full, administrative punishment appropriate, and case program legal, by provides not need hearing or party gave up hearing of, agreed is responsible for administrative law enforcement survey of features institutions of views, recommends approval Hou told party; (ii) illegal facts clear, evidence does, and full, administrative punishment appropriate, and Case program legal, according to provides should hearing of, agreed survey personnel views, recommends approval Hou held hearing, and told party; (three) illegal facts clear, evidence does, and full, but qualitative no, and applies legal improper, and administrative punishment improper of, recommends survey personnel modified; (four) illegal facts not clear, evidence insufficient of, recommends survey personnel correction; (five) case program not legal of, recommends survey personnel corrected; (six) not belongs to this maritime management institutions jurisdiction of,

Recommends transferring other authority having jurisdiction.

87th, head of the maritime administration had completed its review, shall, in accordance with article 38th of the administrative punishment law provided for administrative punishment decision, no administrative penalty decisions, removal of other relevant bodies dealing with decisions.

Fines or confiscate amounts to more than 10,000 Yuan on natural persons, legal persons or other organizations of fines or confiscation of more than 30,000 yuan, and revocation of qualification of vessel inspection, seizure, confiscation or revocation of registration of a ship certificates, revocation of job certificate of crew membership, and seafarers ' certificates of maritime administrative punishment, head of the maritime administrative agency shall be decided collectively.

88th article maritime management institutions head on maritime violations survey report review Hou, think should sentenced administrative punishment of, maritime management institutions should making maritime violations notice served party, told intends sentenced of administrative punishment of facts, and reason and evidence, and told party right to in received the notice of day up 3rd within for statement and defence, on law should hearing of told party right to in received the notice of day up 3rd within proposed hearing requirements.

Without the presence of the parties, they shall take other maritime service of an offence notice served on the parties.

89th statements and the defence put forward by the parties, the maritime administrative agency shall fully listen to and review the facts, reasons and evidence submitted by the parties; establishment of the facts and reasons or evidence submitted by the parties, the maritime administrative agency shall accept them.

Parties require organizations to a hearing, the maritime administrative agency shall, in accordance with sections in this chapter the fourth hearing.

Party fails to make representations, or fails to request hearing to be heard, operate as a waiver of the relevant rights.

90th maritime authority made the decision of maritime administrative punishment, it shall make a written decision of maritime administrative punishment, and stamped with the seal of the maritime administrative agency.

91st maritime administrative punishment decision letter should be declared in the maritime administrative agency the spot after parties, and will be informed of the particulars of the certificate of service, signed or sealed by the parties on the certificate of service; without the presence of the parties, shall be served in the 7th to take other served. 92nd case of maritime administrative punishment shall be completed within 2 months from the date of filing. Due to special needs, approved by the maritime administrative agency heads can extend the period to 3 months of handling.

If still cannot be completed within 3 months, approved by the maritime administrative agency level on may be extended during handling, but shall not exceed 6 months.

93rd in the fourth hearing procedure to make larger fines, revoke certificates prior to the decision of maritime administrative punishment, the maritime administrative agency shall inform the party concerned has the right to require hearings; the parties to request a hearing, the maritime administrative agency shall organize the hearing.

Referred to in the preceding paragraph of this article "larger fines" refers to more than 10,000 yuan fine for natural persons, more than 100,000 yuan fine for legal persons or other organizations.

94th maritime administrative punishment hearing according to the administrative penalties law 42nd article organization.

95th of the maritime administrative agency hearing include hearing, hearing officers and clerks.

Hearing officer designated by the head of the maritime administration maritime administration non-investigation of the case and of the body in charge of Legal Affairs Officer.

Hearing officer designated by the head of the maritime administration 1 to 2 non-investigation of the case of the maritime administrative agency staff to assist the hearing officer hearing.

Clerks 1 non-specified by the head of the maritime administration investigators in the case, and is responsible for the hearing of the production and other matters.

96th party concerned entrusts an agent to participate in the hearing, Parties shall be submitted to the maritime administrative agency signed a power of attorney.

The 97th party have a legitimate reason to seek to delay the hearing, approved by the maritime administrative agency, may be extended once.

98th article maritime administrative punishment hearing, according to following program for: (a) announced case and hearing discipline; (ii) check party or its agent, and this case survey personnel, and witnesses and the other about personnel whether scene, and verified hearing participate in people of identity; (three) read and show maritime management institutions head signed of hearing decided, announced hearing personnel list, told party has application host avoided, and defence and quality card of right; (four) announced hearing began;

(Five) case survey personnel proposed party illegal of facts, and evidence, description intends made administrative punishment of recommends and legal according to; (six) party or its delegate agent on case of facts, and evidence, applies legal, administrative punishment CD volume, for defence and quality card; (seven) host on case of about problem to party or its delegate agent, and case survey personnel, and witnesses asked; (eight) by host allows, party, and survey personnel on case of about problem can to scene of witnesses questions;

(Nine) this case survey personnel, and party or its delegate agent by order on case by involved of facts, and their show of evidence of legitimacy, and authenticity and the about of problem for debate; (ten) debate end, hearing host can again on this case of facts, and evidence and the about problem to party or its agent, and this case survey personnel sought views; (11) suspended hearing of, host should Shi announced again for hearing of about matters; (12) party or its delegate agent do last statement; (13) the moderator announced that the end of the hearing, and hearing the parties or their authorized agents to check correct signature or seal. Think it is wrong, right to request additions or corrections.

Party refuses, by the hearing officer explained the situation at the hearing.

99th under any of the following circumstances, the Director may decide to postpone the hearing: (a) due to causes of force majeure beyond the presence of the parties, (ii) the provisional application for withdrawal of the parties, and (iii) other circumstances that warrant the extension. 100th article has following case one of of, host can announced suspended hearing: (a) evidence need again identification, and inspection of; (ii) party or its agent proposed new of facts, and reason and evidence, need by this case survey personnel survey verified of; (three) as hearing applicants of corporate or other organization suddenly dissolved, yet determine right, and obligations bear people of; (four) party for not resist of causes, cannot continues to participate in hearing of; (five) hearing process in the,

Party or his agent violation hearing disciplinary hearing cannot be carried out; (vi) other circumstances that warrant the suspension hearing.

Suspension hearing shall be stated in the hearing record, signed by the host.

101th deferred, suspended the hearing after the article by the moderator decided to resume the hearing and hearing time, place, notify the participants in the hearing.

The 102th under any of the following circumstances, it shall terminate the hearing: (a) the parties or their representatives to withdraw the hearing requirements; (b) the party or his agent to receive notice of the hearing, without a legitimate reason not to attend the hearing, (iii) the parties or their agents without hearing allows, withdrew from the hearing, and (iv) other shall terminate the hearing of the case.

Termination of the hearing shall be stated in the hearing record, signed by the host.

103th after the end of the hearing, the presiding hearer shall make a written report to the maritime administrative punishment hearing according to hearing situation, together with the hearing after the head of the maritime administration to review and take a decision in accordance with the provisions of the present article 87th.

Fifth section implementation of procedures article 104th 47th article of the law on administrative punishment in part (a), (b) circumstances specified or 48th article of the law on administrative punishment, the maritime administrative agency and the maritime administrative law enforcement personnel may collect fines on the spot. Fine calculated in RMB, receipts from the parties and in conformity with the statutory requirements.
Party without due cause fails to pay the fine, the maritime administrative agency shall 3% Add a fine in amount of the daily penalty. 105th sentenced detained certificate, the Parties shall promptly detained certificate to the maritime administrative agency made the decision.

After the expiration of the detaining, the maritime administrative agency the detained certificate should be returned to the party, may also notify the party to draw the said certificate.

Being sentenced to detention, to revoke a certificate, the party refused to send detained, revoked certificates, the maritime administrative agency shall post the certificate revocation, and notify the cancellation of the certificate issued by the Maritime Administration Office.

106th maritime administrative agency after the crew of maritime administrative punishment shall be recorded.

107th party punishable by confiscation of the ship punishment, the maritime administrative agency shall handle the confiscated ships.

108th party does not apply for reconsideration or bring an action within the statutory time limit, nor performs the decision of maritime administrative punishment, the maritime administrative agency shall apply to the people's Court for compulsory execution.

109th after a case of maritime administrative punishment is completed, should fill out a case of maritime administrative punishment table, all cases maritime administrative agency after filing the registration of internal body in charge of Legal Affairs, archiving and records management requirements.

Sixth section monitoring program 110th natural persons, legal persons or other organizations to administrative penalties to the maritime administrative agency has the right to appeal or accusation.

Natural, and corporate or other organization of complaints or report, by maritime management institutions is responsible for legal work of features institutions accepted and review, think maritime administrative punishment has following case one of of, by maritime management institutions head agreed Hou, be corrected: (a) main facts not clear, and evidence insufficient of; (ii) applies according to errors of; (three) violation statutory program of; (four) beyond or abuse of; (five) specific administrative behavior obviously improper of.

111th organs found in the maritime authorities responsible for Legal Affairs in the maritime administrative agency of maritime administrative punishment of 110th circumstances provided for in the second paragraph of article shall make recommendations to the head of the maritime administration, be corrected.

112th found maritime administrative agency at a higher level the lower maritime administrative punishment made by a maritime administrative agency 110th circumstances provided for in the second paragraph of article shall be ordered to correct.

113th maritime administrative agency of any unlawful imposition of administrative penalty and the maritime administrative law enforcement personnel, in accordance with the relevant provisions of the law on administrative punishment shall be investigated for legal responsibility.

The fifth chapter by-laws mentioned in the 114th article of the provisions of coastal waters, vessels, facilities, operations, their meaning and the maritime traffic safety law of the use of the same terms mean the same, but relevant laws, administrative regulations and these provisions except as otherwise provided.

Ship operators in these rules, including ship managers.

Facility operators in these rules, including facilities managers.

The parties in these rules, including both natural and legal persons and other organizations, with an illegal act against maritime administration vessel owners or operators to replace each other.

Job certificate of crew membership in these rules, including crew training for seafarers, crew services, seafarers ' certificates and other certificates of competency.

The vessel registration certificate referred to in these provisions, including the nationality certificate, ship ownership registration certificate, the vessel mortgage registration certificate, and the bareboat registration certificate.

The crew in these rules, including the captain, Chief Engineer, pilot and engineer, radio personnel, pilots and seaplanes, submersibles and other crew members.

Referred to in these provisions "dangerous goods" means the explosive, flammable, toxic, corrosive, radioactive, dangerous properties, in the shipping process, likely to cause personal injury, property damage or pollution of the environment and the need for special protection of goods, including hazardous chemicals.

115th article of the provisions mentioned above, include the number, says the following are not included in this number, except otherwise provided for by this provision.

The 116th day in these rules refers to working days.

Months in these rules, on a calendar month basis.

Other service mentioned in these regulations refers to delegate delivery, mail delivery, Lien served notice served in the manner provided in the code of civil procedure.

117th maritime administrative agency for maritime administrative punishment cases, you should use the uniform format established by the Department of transportation maritime administrative punishment instruments. 118th these provisions come into force on July 1, 2015. On July 10, 2003 Department of transportation orders, 2003 8th released the People's Republic of China marine and maritime administrative penalty provisions abolished at the same time.

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