Administrative Provisions of the People's Republic of China on Overseas Assignment of Seafarers
Administrative Provisions of the People's Republic of China on Overseas Assignment of Seafarers
Administrative Provisions of the People's Republic of China on Overseas Assignment of Seafarers
Order of the Ministry of Transport of the People's Republic of China [2011] No.3
March 7, 2011
The Administrative Provisions of the People's Republic of China on Overseas Assignment of Seafarers, was adopted at the 12th executive meeting of the Ministry of Transport on December 30, 2010. It is hereby promulgated upon the consultation with and approval of the Ministry of Commerce and shall come into force as of July 1, 2011.
Li Shenglin, Minister
Administrative Provisions of the People's Republic of China on Overseas Assignment of Seafarers
Chapter I General Provisions
Article
Article 2 The Provisions apply where organizations established within the territory of the People's Republic of China in accordance with the law engage in the activities of overseas assignment of seafarers.
Article 3 The Ministry of Transport takes charge of the overseas assignment of seafarers nationwide.
The state maritime safety administration is responsible for the unified implementation of the supervision and administration of overseas assignment of seafarers nationwide.
The maritime safety administrations directly under the Ministry of Transport are responsible for the specific implementation of the supervision and administration of overseas assignment of seafarers according to their respective responsibilities.
Article 4 The overseas assignment of seafarers shall comply with the principle of "whoever assigns seafarers overseas is responsible for them". An organization engaged in the overseas assignment of seafarers shall be responsible for the seafarers assigned overseas by them, and do a good job in all security work relating to the seafarers during their working period on board and during the course of boarding and disembarkation.
Chapter II Qualifications of Organizations Engaged in Overseas Assignment of Seafarers
Article 5 An organization engaged in overseas assignment of seafarers shall meet the following conditions:
1. it shall be a legal person that is established within the territory of the People's Republic of China in accordance with the law;
2. it shall have fixed business premises commensurate with the scale of overseas assignment;
3. it shall have at least two full-time managerial personnel who have the qualifications of ship officers at management level of ships on international voyages and at least three managerial personnel who have two years or more of work experience related to overseas assignment of seafarers;
4. it shall have the capacity of carrying out pre-job training and job skill training for seafarers to be assigned overseas, as well as the capacity of handling legal affairs relating to overseas assignment of seafarers;
5. it has established the quality management system of seafarers service, the guaranty system of personnel and resources, the education and training system, the emergency handling system, the reporting system of service business and other management systems for overseas assignment of seafarers, in accordance with the provisions of the state maritime safety administration;
6. it shall have 100 or more self-owned seafarers for overseas assignment;
7. its registered capital shall be no less than CNY5 million, and be paid-in monetary capital. After the implementation of the Provisions, if it is otherwise stipulated in the relevant regulations on overseas labor service cooperation, the provisions of such regulations shall apply;
8. it shall have the ability to pay the reserves of CNY1 million in full amount for overseas assignment of seafarers; and
9. the organization and its legal representative have good business reputation, and have no major breach of contract or record of major violation of law in the last three years.
Article 6 To apply for engaging in overseas assignment of seafarers, an organization shall submit the following materials:
1. the application document for engaging in the activities of overseas assignment of seafarers;
2. the business license for enterprise legal person or the certificate for public institution legal person or the organization code certificate;
3. the title certificate of the business premises or certificate of lease of fixed premises;
4. the certification materials to prove the capacity of handling legal affairs relating to overseas assignment of seafarers and the capacity of carrying out pre-job training and job skill training for seafarers to be assigned overseas;
5. photocopies of qualification certificates of the full-time managerial personnel and the evidential materials for the relevant work experience of the full-time business personnel;
6. explanatory documents on such information as the organizational structure, staff composition and responsibilities of the organization;
7. documents of relevant management systems for overseas assignment of seafarers;
8. the register of its self-owned seafarers who may be assigned overseas, the labor contracts concluded with them and the evidential materials for payment of social insurance, etc.;
9. the valid certificate proving payment of the reserves for overseas assignment of seafarers in full amount according to the requirements of the maritime safety administrations; and
10. other relevant evidential materials.
Where a foreign-funded employment agency or a Sino-foreign joint venture intermediary organ of talents which is established upon approval intends to conduct the business of recruiting seafarers to go abroad, such agency or organ shall apply for engaging in overseas assignment of seafarers according to the Provisions. In addition to the materials as prescribed in the preceding paragraph, such agency or organ shall submit the photocopies of the approval certificate of the foreign-funded enterprise and of the business license for foreign-funded enterprise.
Article 7 Where an organization applies for overseas assignment of seafarers, it shall file an application with the maritime safety administration directly under the Ministry of Transport of the place where it handled the industrial and commercial registration, and if there is no maritime safety administration directly under the Ministry of Transport in the place where it handled the industrial and commercial registration, it shall file an application with the maritime safety administration directly under the Ministry of Transport designated by the state maritime safety administration.
Article 8 The maritime safety administration directly under the Ministry of Transport shall, within 15 workdays upon acceptance of an application, completes the written examination of the application materials and on-site verification, and submits the examination opinions and information on verification together with the application materials to the state maritime safety administration for examination and approval.
Article 9 The state maritime safety administration shall, upon receipt of the materials submitted, make a decision on approval or disapproval within 15 workdays based on the examination opinions and information on verification issued by the maritime safety administration directly under the Ministry of Transport and the application materials of the organization.
Article 10 Where the state maritime safety administration decides to approve an organization to engage in overseas assignment of seafarers, it shall issue a qualification certificate for organizations engaged in overseas assignment of seafarers to the organization filing the application.
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