Maritime Traffic Safety Law of the People's Republic of China (Amended in 2016)
Maritime Traffic Safety Law of the People's Republic of China (Amended in 2016)
Maritime Traffic Safety Law of the People's Republic of China (Amended in 2016)
Order of the President of the People's Republic of China No.57
November 7, 2016
(Adopted at the 2nd meeting of the Standing Committee of the 6th National People's Congress on September 2, 1983; and amended according to the Decision on Revising Twelve Laws including the Foreign Trade Law of the People's Republic of China passed at the 24th meeting of the Standing Committee of the 12th National People's Congress on November 7, 2016)
Table of Contents
Chapter I General Provisions
Chapter II Inspection and Registration of Vessels
Chapter III Personnel on Vessels and Installations
Chapter IV Navigation, Berthing and Operations
Chapter V Safety Protection
Chapter VI Transport of Dangerous Goods
Chapter VII Rescue from Disasters at Sea
Chapter VIII Salvage and Removal of Sunken and Drifting Objects
Chapter IX Investigation and Handling of Traffic Accidents
Chapter X Legal Liability
Chapter XI Special Provisions
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to strengthen the control of maritime traffic; ensure the safety of vessels, installations, human life and property; and safeguard the rights and interests of the state.
Article 2 This Law shall apply to all vessels, installations and personnel and to the owners and managers of such vessels and installations that navigate, berth or operate in the coastal waters of the People's Republic of China.
Article 3 The harbour superintendence agencies of the People's Republic of China shall be the competent authorities responsible for the unified supervision and administration of traffic safety in the coastal waters.
Chapter II Inspection and Registration of Vessels
Article 4 Vessels and their major equipment relating to navigation safety must have valid technical certificates issued by vessel inspection departments.
Article 5 A vessel must have a certificate showing its nationality, a vessel registry certificate or a vessel licence.
Chapter III Personnel on Vessels and Installations
Article 6 Vessels shall be manned with qualified crew members according to a standard quota to ensure the vessels' safety.
Article 7 The captain, chief engineer, pilot, engineers, radio and telephone operators and similar personnel on board seaplanes or submersibles must hold valid job certificates. All other crew members must undergo specialized technical training required for their work.
Article 8 In accordance with state provisions, all installations shall be provided with personnel who have mastered the techniques of collision avoidance, signaling, communications, fire control, life-saving and other operations.
Article 9 All personnel on vessels and installations must observe relevant rules and regulations concerning maritime traffic safety, follow the operating rules and ensure the safety of the vessels and installations in navigation, berthing and operations.
Chapter IV Navigation, Berthing and Operations
Article 10 While navigating, berthing or carrying out operations, vessels and installations must abide by the relevant laws, administrative statutes and rules and regulations of the People's Republic of China.
Article 11 Non-military vessels of foreign nationality may not enter the internal waters and harbours of the People's Republic of China without the approval of its competent authorities. However, under unexpected circumstances such as critical illness of personnel, engine breakdown or the vessels being in distress or seeking shelter from weather when they do not have the time to obtain approval, they may, while entering China's internal waters of harbour, make an emergency report to the competent authorities and shall obey its directions.
Military vessels of foreign nationality may not enter the territorial waters of the People's Republic of China without the approval of the Government of the People's Republic of China.
Article 12 The international navigation vessels that enter and exit the ports of the People's Republic of China shall accept the inspection of the competent authority.
For the port entry and exit of a domestic voyage vessel, such conditions as voyage planning, airworthiness, equipping of a vessel's crew, and the cargo and passenger carrying capacity of vessels shall be reported to the competent authority.
Article 13 Vessels of foreign nationality entering and leaving a harbour of the People's Republic of China, navigating or shifting berths in the harbor area, or approaching or leaving mooring points or loading spots outside the harbour must be navigated by a pilot designated by the competent authorities.
Article 14 When entering or leaving harbours or passing through controlled traffic areas, crowded navigable areas or areas where navigational conditions are restricted, vessels must observe the special regulations promulgated by the Government of the People's Republic of China or by the competent authorities.
Article 15 Vessels shall be prohibited from entering or passing through restricted navigation zones unless specially permitted by the competent authorities.
Article 16 Towing operations on the open sea involving large-sized installations and mobile platforms must undergo towing inspection conducted by vessel inspection departments and be reported to the competent authorities for examination and approval.
Article 17 If the competent authorities finds the actual condition of a vessel to be not in conformity with what is stated in the vessel's certificates, it shall have the right to require the vessel to apply for a new inspection or notify its owner or manager to adopt effective safety measures.
Article 18 If the competent authorities believes that a vessel presents a menace to the safety of a harbour, it shall have the right to forbid the vessel from entering the harbour or to order it to leave the harbour.
Article 19 The competent authorities shall have the right to forbid a vessel or an installation from leaving the harbour or order it to suspend its voyage, change its route or cease its operations under any one of the following circumstances:
1.
......
Order of the President of the People's Republic of China No.57
November 7, 2016
(Adopted at the 2nd meeting of the Standing Committee of the 6th National People's Congress on September 2, 1983; and amended according to the Decision on Revising Twelve Laws including the Foreign Trade Law of the People's Republic of China passed at the 24th meeting of the Standing Committee of the 12th National People's Congress on November 7, 2016)
Table of Contents
Chapter I General Provisions
Chapter II Inspection and Registration of Vessels
Chapter III Personnel on Vessels and Installations
Chapter IV Navigation, Berthing and Operations
Chapter V Safety Protection
Chapter VI Transport of Dangerous Goods
Chapter VII Rescue from Disasters at Sea
Chapter VIII Salvage and Removal of Sunken and Drifting Objects
Chapter IX Investigation and Handling of Traffic Accidents
Chapter X Legal Liability
Chapter XI Special Provisions
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to strengthen the control of maritime traffic; ensure the safety of vessels, installations, human life and property; and safeguard the rights and interests of the state.
Article 2 This Law shall apply to all vessels, installations and personnel and to the owners and managers of such vessels and installations that navigate, berth or operate in the coastal waters of the People's Republic of China.
Article 3 The harbour superintendence agencies of the People's Republic of China shall be the competent authorities responsible for the unified supervision and administration of traffic safety in the coastal waters.
Chapter II Inspection and Registration of Vessels
Article 4 Vessels and their major equipment relating to navigation safety must have valid technical certificates issued by vessel inspection departments.
Article 5 A vessel must have a certificate showing its nationality, a vessel registry certificate or a vessel licence.
Chapter III Personnel on Vessels and Installations
Article 6 Vessels shall be manned with qualified crew members according to a standard quota to ensure the vessels' safety.
Article 7 The captain, chief engineer, pilot, engineers, radio and telephone operators and similar personnel on board seaplanes or submersibles must hold valid job certificates. All other crew members must undergo specialized technical training required for their work.
Article 8 In accordance with state provisions, all installations shall be provided with personnel who have mastered the techniques of collision avoidance, signaling, communications, fire control, life-saving and other operations.
Article 9 All personnel on vessels and installations must observe relevant rules and regulations concerning maritime traffic safety, follow the operating rules and ensure the safety of the vessels and installations in navigation, berthing and operations.
Chapter IV Navigation, Berthing and Operations
Article 10 While navigating, berthing or carrying out operations, vessels and installations must abide by the relevant laws, administrative statutes and rules and regulations of the People's Republic of China.
Article 11 Non-military vessels of foreign nationality may not enter the internal waters and harbours of the People's Republic of China without the approval of its competent authorities. However, under unexpected circumstances such as critical illness of personnel, engine breakdown or the vessels being in distress or seeking shelter from weather when they do not have the time to obtain approval, they may, while entering China's internal waters of harbour, make an emergency report to the competent authorities and shall obey its directions.
Military vessels of foreign nationality may not enter the territorial waters of the People's Republic of China without the approval of the Government of the People's Republic of China.
Article 12 The international navigation vessels that enter and exit the ports of the People's Republic of China shall accept the inspection of the competent authority.
For the port entry and exit of a domestic voyage vessel, such conditions as voyage planning, airworthiness, equipping of a vessel's crew, and the cargo and passenger carrying capacity of vessels shall be reported to the competent authority.
Article 13 Vessels of foreign nationality entering and leaving a harbour of the People's Republic of China, navigating or shifting berths in the harbor area, or approaching or leaving mooring points or loading spots outside the harbour must be navigated by a pilot designated by the competent authorities.
Article 14 When entering or leaving harbours or passing through controlled traffic areas, crowded navigable areas or areas where navigational conditions are restricted, vessels must observe the special regulations promulgated by the Government of the People's Republic of China or by the competent authorities.
Article 15 Vessels shall be prohibited from entering or passing through restricted navigation zones unless specially permitted by the competent authorities.
Article 16 Towing operations on the open sea involving large-sized installations and mobile platforms must undergo towing inspection conducted by vessel inspection departments and be reported to the competent authorities for examination and approval.
Article 17 If the competent authorities finds the actual condition of a vessel to be not in conformity with what is stated in the vessel's certificates, it shall have the right to require the vessel to apply for a new inspection or notify its owner or manager to adopt effective safety measures.
Article 18 If the competent authorities believes that a vessel presents a menace to the safety of a harbour, it shall have the right to forbid the vessel from entering the harbour or to order it to leave the harbour.
Article 19 The competent authorities shall have the right to forbid a vessel or an installation from leaving the harbour or order it to suspend its voyage, change its route or cease its operations under any one of the following circumstances:
1.
......