Maritime Traffic Safety Law of the People's Republic of China (Revised in 2021)
Maritime Traffic Safety Law of the People's Republic of China (Revised in 2021)
Maritime Traffic Safety Law of the People's Republic of China (Revised in 2021)
Order of the President of the People's Republic of China No. 79
April 29, 2021
The Maritime Traffic Safety Law, which has been revised and adopted at the 28th Meeting of the Standing Committee of the Thirteenth National People's Congress on April 29, 2021, is hereby promulgated and shall become effective from September 1, 2021.
Xi Jinping, President of the People's Republic of China
Maritime Traffic Safety Law of the People's Republic of China (Revised in 2021)
(Adopted at the 2nd Meeting of the Standing Committee of the Sixth National People's Congress on September 2, 1983; amended according to the Decision on Amending the Foreign Trade Law of the People's Republic of China and Other Eleven Laws at the 24th Meeting of the Standing Committee of the Twelfth National People's Congress on November 7, 2016; revised at the 28th Meeting of the Standing Committee of the Thirteenth National People's Congress on April 29, 2021)
Contents
Chapter I General Provisions
Chapter II Vessels, Offshore Installations and Seafarers
Chapter III Maritime Traffic Conditions and Navigation Services
Chapter IV Navigation, Berthing and Operations
Chapter V Safety of Maritime Passenger and Cargo Transportation
Chapter Ⅵ Maritime Search and Rescue
Chapter VII Investigation and Handling of Maritime Traffic Accidents
Chapter VIII Supervision and Administration
Chapter IX Legal Liability
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in order to strengthen the control of maritime traffic, maintain the order of maritime traffic, ensure the safety of human life and property, and safeguard the rights and interests of the state.
Article 2 This Law shall apply to navigation, berthing, operations and other activities related to maritime traffic safety in sea areas under the jurisdiction of the People's Republic of China.
Article 3 The state shall ensure the use of sea for transportation in accordance with law.
To ensure safe, orderly and smooth maritime traffic, maritime traffic safety work shall comply with the principles of safety first, precaution prioritized, passage facilitated, and management in accordance with law.
Article 4 The competent department of transport under the State Council shall be in charge of maritime traffic safety nationwide.
The state maritime administration shall be responsible for the overall supervision and administration of maritime traffic safety, and local maritime administrations at different levels shall be responsible for conducting the supervision and administration of maritime traffic safety within their respective jurisdiction according to designated duties.
Article 5 The people's governments and relevant departments at all levels shall support maritime safety work, strengthen the publicity and education of maritime traffic safety, and improve public awareness of maritime traffic safety.
Article 6 The state ensures the labor safety and occupational health of seafarers in accordance with law, and safeguards the legitimate rights and interests of seafarers.
Article 7 All entities and individuals engaged in navigation, berthing, and operations of vessels and offshore installations, and other activities related to maritime traffic, shall comply with the laws, administrative regulations, ministerial rules, as well as relevant mandatory standards and technical rules concerning maritime traffic safety. They shall have the right to obtain navigation services and maritime rescue, and undertake the obligations to maintain maritime traffic safety and protect the marine ecological environment.
Article 8 The state encourages and supports the application of advanced science and technology in maritime traffic safety work, promotes the modernization of ways and means for maritime traffic safety, and improves the scientific and technological capacity for maritime traffic safety.
Chapter Ⅱ Vessels, Offshore Installations and Seafarers
Article 9 Chinese vessels, offshore installations within the sea areas under the jurisdiction of the People's Republic of China, shipping containers, as well as the important vessel equipment, components and materials relating to maritime traffic safety as determined by the state maritime administration, shall be in conformity with the requirements of the laws, administrative regulations, ministerial rules, mandatory standards and technical rules, and shall be subject to survey by ship survey organization for corresponding certificates and documents as required. The state maritime administration shall formulate and publish the list of the said certificates and documents.
The establishment of a ship survey organization shall be subject to permission from the state maritime administration. The establishment conditions, procedures and management, etc. shall be implemented in accordance with the regulations of relevant laws and administrative regulations related to ship survey.
The entities holding corresponding certificates and documents shall use vessels, offshore installations, shipping containers, and important vessel equipment, components and materials in line with the specified purposes, and shall carry out regular safety and technical surveys in accordance with law.
Article 10 For a vessel to fly the flag of the People's Republic of China for navigation, berthing or operations, it is required to apply to the relevant maritime administration for nationality registration and obtain the certificate of registry in accordance with the regulations of the relevant laws and administrative regulations on vessel registration.
If a Chinese vessel is lost or scrapped, the owner shall apply for cancellation of the nationality registration of the vessel within the time limit specified by the regulations of the competent department of transport under the State Council; if the owner fails to apply for cancellation of nationality registration on the expiration of the time limit, the relevant maritime administration may issue an announcement on the proposed compulsory cancellation of the nationality registration of the vessel. And the maritime administration may cancel the nationality registration of the vessel if no objection is raised by the owner within 60 days from the date the announcement is issued.
Article 11 The owners, operators and managers of Chinese vessels shall establish and operate the safety management systems for the safe operation of ships and for pollution prevention.
The maritime administration shall issue the document of compliance and the safety management certificate to those who have passed the audit of the management systems specified in the preceding paragraph.
Article 12 The owners, operators or managers of Chinese vessels engaged on international voyages shall establish a ship security system and formulate ship security plans in accordance with the regulations of the competent department of transport under the State Council, provide the security equipment according to the ship security plans, and carry out drills regularly.
Article 13 Chinese seafarers and personnel working on offshore installations shall be educated and trained on maritime traffic safety and according to their corresponding positions.
Chinese seafarers shall apply to the maritime administration for the certificate of competency for seafarers and the medical certificate for seafarers in accordance with the provisions of the relevant laws and administrative regulations on the administration of seafarers.
Foreign seafarers working on Chinese vessels shall comply with the provisions of relevant laws and administrative regulations on the administration of seafarers.
The vessel that a seafarer works on, the navigation zone that he works at and the position he holds shall conform with what his certificate specifies.
Article 14 The owners, operators or managers of Chinese vessels shall apply to the maritime administration for the maritime labor certificate for the vessels engaged on international voyages. In order to obtain the certificate, the following requirements shall be met:
(1) the owners, operators or managers recruit seafarers in accordance with law, sign labor contracts or employee agreements with them, and provide vessels with qualified seafarers;
(2) the owners, operators or managers ensure that the seafarers' working environment, occupational health protection, safety protection, working and rest hours, payment of wages, living conditions, medical care conditions, social insurance, etc. on board are in compliance with the relevant state regulations;
(3) the owners, operators or managers have established a seafarers complaint and handling mechanism that meet relevant requirements; and
(4) the owners, operators or managers have provided corresponding financial security or paid corresponding insurance premiums for the expense of repatriation and the injuries, sickness or death of seafarers during their employment on board in accordance with law.
The maritime administration shall consult with the administrative department of human resources and social security to inspect and verify whether the applicants and their vessels are in compliance with the requirements in the preceding paragraph. The maritime administration shall, after inspection and verification and within 10 working days from the date an application is accepted, issue maritime labor certificates to the applicants if the requirements are met, and shall otherwise inform the applicants and specify the reasons if the requirement are not met.
The specific measures for the issuance of the maritime labor certificates and supervision and inspection related to the certificates shall be formulated and promulgated by the competent department of transport in conjunction with the department of human resources and social security under the State Council.
Article 15 The maritime administration shall administrate entities' seafarers training business in accordance with the provisions of the relevant laws and administrative regulations on the administration of seafarers.
Article 16 The competent department of transport and other relevant departments under the State Council, as well as the local people's governments concerned at or above the county level, shall establish and improve the early warning and emergency response mechanism for seafarers overseas and formulate emergency response plans for seafarers overseas.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government where the seafarers recruitment and placement agencies are located shall be responsible for the handling of emergencies involving seafarers overseas, and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government where the places of the seafarers' household registration belong shall cooperate.
The relevant embassies and consulates of the People's Republic of China and the maritime administrations concerned shall assist in the handling of emergencies involving seafarers' overseas.
Article 17 The scope of vessels to which the provisions of Articles 9 to 12 and Article 14 in this Chapter apply shall be specified by the relevant laws and administrative regulations, or be formulated by the competent department of transport under the State Council and made public after being submitted to and approved by the State Council.
Chapter III Maritime Traffic Conditions and Navigation Services
Article 18 The competent department of transport under the State Council is responsible for the overall planning and management of maritime traffic resources and promotes the rational exploitation and effective utilization of maritime traffic resources.
The planning of maritime traffic resources shall conform to the spatial planning.
Article 19 The maritime administration shall, in accordance with the natural conditions of sea areas, maritime traffic status and requirements of maritime traffic safety management, demarcate, adjust, and publish in time the ships' routing areas, ship reporting areas, traffic control areas, prohibited navigation areas, safe operation zones, off-port anchorages and other maritime traffic functional zones.
When demarcating or adjusting the ships' routing areas, off-port anchorages, and safe operation zones that may affect other marine functional zones or activities of using seas and oceans, the maritime administration shall solicit the opinions of relevant departments, inter alia, the departments of fisheries, ecology and environment, and natural resources. If a prohibited navigation area is to be demarcated or adjusted for military purposes, a decision shall be made by the responsible military organ and be announced by the relevant maritime administration.
Article 20 Where the construction of marine engineering projects or coastal engineering projects may affect maritime traffic safety, facilities and equipment to prevent vessel collisions shall be installed according to the specific situation, and private aids to navigation shall be set up.
Article 21 The state establishes and improves maritime traffic support and service systems such as ship positioning, navigation, timing, communication, and remote monitoring to provide vessels and offshore installations with information services.
Article 22 No entity or individual shall damage the maritime traffic support and service systems or hinder their functional efficiency. Where the construction of a building or structure, or the use of facilities or equipment may affect the normal operation of the maritime traffic support and service systems, the construction entity or the owner or user shall consult with the management department of the relevant maritime traffic support and service systems and make appropriate arrangements.
Article 23 The competent department of transport under the State Council shall take necessary measures to ensure the reasonable layout and effective coverage of radio communication facilities for maritime traffic safety, plan the construction layout and the locations for maritime radio stations (sites) of its own system (industry), and issue the licenses for compulsory fitted vessel radio stations and the identification codes for such stations.
The competent department of transport under the State Council shall organize the construction of the maritime radio monitoring system of its own system (industry), monitor the radio signals thereof, and maintain the order of maritime radio waves in conjunction with the state radio regulatory authority.
Article 24 When communication on vessels needs be transferred via shore-based radio stations (sites) within the sea areas under the jurisdiction of the People's Republic of China, the transfer shall be made through domestic coastal radio stations (sites) or satellite gateway which are set up in accordance with law.
Seafarers who undertake radio communication tasks and staff of shore-based radio stations (sites) shall observe the rules for maritime radio communication, maintain a continuous watch on maritime traffic safety communication channels and keep the channels clear, and shall not occupy the maritime traffic safety communication frequencies with matters unrelated to maritime traffic safety.
No entity or individual shall use the radio station identification codes in violation of the relevant provisions of the state, disrupting the identification in maritime search and rescue.
Article 25 Relevant entities, such as entities of astronomy, meteorology and ocean, shall forecast, broadcast and provide information such as nautical astronomy, universal time, marine meteorology, waves, currents, tides and ice conditions in time.
Article 26 The competent department of transport under the State Council unifies the layout, construction and management of public aids to navigation. Where the construction entities or the owners or operators of marine engineering projects or coastal engineering projects need to install or remove private aids to navigation, move private aids to navigation, or change the lights and power of aids to navigation, etc., they shall report to the relevant maritime administration for approval. Where it is necessary to set up temporary aids to navigation, such aids to navigation shall be set up within the spots for setting aids to navigation as determined by the maritime administration.
The competent department of natural resources shall guarantee the use of the land, sea and islands for aids to navigation facilities and installations in accordance with law, and shall complete relevant procedures in accordance with law.
The construction, maintenance and upkeep of aids to navigation shall comply with the requirements of relevant mandatory standards and technical rules.
......
Order of the President of the People's Republic of China No. 79
April 29, 2021
The Maritime Traffic Safety Law, which has been revised and adopted at the 28th Meeting of the Standing Committee of the Thirteenth National People's Congress on April 29, 2021, is hereby promulgated and shall become effective from September 1, 2021.
Xi Jinping, President of the People's Republic of China
Maritime Traffic Safety Law of the People's Republic of China (Revised in 2021)
(Adopted at the 2nd Meeting of the Standing Committee of the Sixth National People's Congress on September 2, 1983; amended according to the Decision on Amending the Foreign Trade Law of the People's Republic of China and Other Eleven Laws at the 24th Meeting of the Standing Committee of the Twelfth National People's Congress on November 7, 2016; revised at the 28th Meeting of the Standing Committee of the Thirteenth National People's Congress on April 29, 2021)
Contents
Chapter I General Provisions
Chapter II Vessels, Offshore Installations and Seafarers
Chapter III Maritime Traffic Conditions and Navigation Services
Chapter IV Navigation, Berthing and Operations
Chapter V Safety of Maritime Passenger and Cargo Transportation
Chapter Ⅵ Maritime Search and Rescue
Chapter VII Investigation and Handling of Maritime Traffic Accidents
Chapter VIII Supervision and Administration
Chapter IX Legal Liability
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in order to strengthen the control of maritime traffic, maintain the order of maritime traffic, ensure the safety of human life and property, and safeguard the rights and interests of the state.
Article 2 This Law shall apply to navigation, berthing, operations and other activities related to maritime traffic safety in sea areas under the jurisdiction of the People's Republic of China.
Article 3 The state shall ensure the use of sea for transportation in accordance with law.
To ensure safe, orderly and smooth maritime traffic, maritime traffic safety work shall comply with the principles of safety first, precaution prioritized, passage facilitated, and management in accordance with law.
Article 4 The competent department of transport under the State Council shall be in charge of maritime traffic safety nationwide.
The state maritime administration shall be responsible for the overall supervision and administration of maritime traffic safety, and local maritime administrations at different levels shall be responsible for conducting the supervision and administration of maritime traffic safety within their respective jurisdiction according to designated duties.
Article 5 The people's governments and relevant departments at all levels shall support maritime safety work, strengthen the publicity and education of maritime traffic safety, and improve public awareness of maritime traffic safety.
Article 6 The state ensures the labor safety and occupational health of seafarers in accordance with law, and safeguards the legitimate rights and interests of seafarers.
Article 7 All entities and individuals engaged in navigation, berthing, and operations of vessels and offshore installations, and other activities related to maritime traffic, shall comply with the laws, administrative regulations, ministerial rules, as well as relevant mandatory standards and technical rules concerning maritime traffic safety. They shall have the right to obtain navigation services and maritime rescue, and undertake the obligations to maintain maritime traffic safety and protect the marine ecological environment.
Article 8 The state encourages and supports the application of advanced science and technology in maritime traffic safety work, promotes the modernization of ways and means for maritime traffic safety, and improves the scientific and technological capacity for maritime traffic safety.
Chapter Ⅱ Vessels, Offshore Installations and Seafarers
Article 9 Chinese vessels, offshore installations within the sea areas under the jurisdiction of the People's Republic of China, shipping containers, as well as the important vessel equipment, components and materials relating to maritime traffic safety as determined by the state maritime administration, shall be in conformity with the requirements of the laws, administrative regulations, ministerial rules, mandatory standards and technical rules, and shall be subject to survey by ship survey organization for corresponding certificates and documents as required. The state maritime administration shall formulate and publish the list of the said certificates and documents.
The establishment of a ship survey organization shall be subject to permission from the state maritime administration. The establishment conditions, procedures and management, etc. shall be implemented in accordance with the regulations of relevant laws and administrative regulations related to ship survey.
The entities holding corresponding certificates and documents shall use vessels, offshore installations, shipping containers, and important vessel equipment, components and materials in line with the specified purposes, and shall carry out regular safety and technical surveys in accordance with law.
Article 10 For a vessel to fly the flag of the People's Republic of China for navigation, berthing or operations, it is required to apply to the relevant maritime administration for nationality registration and obtain the certificate of registry in accordance with the regulations of the relevant laws and administrative regulations on vessel registration.
If a Chinese vessel is lost or scrapped, the owner shall apply for cancellation of the nationality registration of the vessel within the time limit specified by the regulations of the competent department of transport under the State Council; if the owner fails to apply for cancellation of nationality registration on the expiration of the time limit, the relevant maritime administration may issue an announcement on the proposed compulsory cancellation of the nationality registration of the vessel. And the maritime administration may cancel the nationality registration of the vessel if no objection is raised by the owner within 60 days from the date the announcement is issued.
Article 11 The owners, operators and managers of Chinese vessels shall establish and operate the safety management systems for the safe operation of ships and for pollution prevention.
The maritime administration shall issue the document of compliance and the safety management certificate to those who have passed the audit of the management systems specified in the preceding paragraph.
Article 12 The owners, operators or managers of Chinese vessels engaged on international voyages shall establish a ship security system and formulate ship security plans in accordance with the regulations of the competent department of transport under the State Council, provide the security equipment according to the ship security plans, and carry out drills regularly.
Article 13 Chinese seafarers and personnel working on offshore installations shall be educated and trained on maritime traffic safety and according to their corresponding positions.
Chinese seafarers shall apply to the maritime administration for the certificate of competency for seafarers and the medical certificate for seafarers in accordance with the provisions of the relevant laws and administrative regulations on the administration of seafarers.
Foreign seafarers working on Chinese vessels shall comply with the provisions of relevant laws and administrative regulations on the administration of seafarers.
The vessel that a seafarer works on, the navigation zone that he works at and the position he holds shall conform with what his certificate specifies.
Article 14 The owners, operators or managers of Chinese vessels shall apply to the maritime administration for the maritime labor certificate for the vessels engaged on international voyages. In order to obtain the certificate, the following requirements shall be met:
(1) the owners, operators or managers recruit seafarers in accordance with law, sign labor contracts or employee agreements with them, and provide vessels with qualified seafarers;
(2) the owners, operators or managers ensure that the seafarers' working environment, occupational health protection, safety protection, working and rest hours, payment of wages, living conditions, medical care conditions, social insurance, etc. on board are in compliance with the relevant state regulations;
(3) the owners, operators or managers have established a seafarers complaint and handling mechanism that meet relevant requirements; and
(4) the owners, operators or managers have provided corresponding financial security or paid corresponding insurance premiums for the expense of repatriation and the injuries, sickness or death of seafarers during their employment on board in accordance with law.
The maritime administration shall consult with the administrative department of human resources and social security to inspect and verify whether the applicants and their vessels are in compliance with the requirements in the preceding paragraph. The maritime administration shall, after inspection and verification and within 10 working days from the date an application is accepted, issue maritime labor certificates to the applicants if the requirements are met, and shall otherwise inform the applicants and specify the reasons if the requirement are not met.
The specific measures for the issuance of the maritime labor certificates and supervision and inspection related to the certificates shall be formulated and promulgated by the competent department of transport in conjunction with the department of human resources and social security under the State Council.
Article 15 The maritime administration shall administrate entities' seafarers training business in accordance with the provisions of the relevant laws and administrative regulations on the administration of seafarers.
Article 16 The competent department of transport and other relevant departments under the State Council, as well as the local people's governments concerned at or above the county level, shall establish and improve the early warning and emergency response mechanism for seafarers overseas and formulate emergency response plans for seafarers overseas.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government where the seafarers recruitment and placement agencies are located shall be responsible for the handling of emergencies involving seafarers overseas, and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government where the places of the seafarers' household registration belong shall cooperate.
The relevant embassies and consulates of the People's Republic of China and the maritime administrations concerned shall assist in the handling of emergencies involving seafarers' overseas.
Article 17 The scope of vessels to which the provisions of Articles 9 to 12 and Article 14 in this Chapter apply shall be specified by the relevant laws and administrative regulations, or be formulated by the competent department of transport under the State Council and made public after being submitted to and approved by the State Council.
Chapter III Maritime Traffic Conditions and Navigation Services
Article 18 The competent department of transport under the State Council is responsible for the overall planning and management of maritime traffic resources and promotes the rational exploitation and effective utilization of maritime traffic resources.
The planning of maritime traffic resources shall conform to the spatial planning.
Article 19 The maritime administration shall, in accordance with the natural conditions of sea areas, maritime traffic status and requirements of maritime traffic safety management, demarcate, adjust, and publish in time the ships' routing areas, ship reporting areas, traffic control areas, prohibited navigation areas, safe operation zones, off-port anchorages and other maritime traffic functional zones.
When demarcating or adjusting the ships' routing areas, off-port anchorages, and safe operation zones that may affect other marine functional zones or activities of using seas and oceans, the maritime administration shall solicit the opinions of relevant departments, inter alia, the departments of fisheries, ecology and environment, and natural resources. If a prohibited navigation area is to be demarcated or adjusted for military purposes, a decision shall be made by the responsible military organ and be announced by the relevant maritime administration.
Article 20 Where the construction of marine engineering projects or coastal engineering projects may affect maritime traffic safety, facilities and equipment to prevent vessel collisions shall be installed according to the specific situation, and private aids to navigation shall be set up.
Article 21 The state establishes and improves maritime traffic support and service systems such as ship positioning, navigation, timing, communication, and remote monitoring to provide vessels and offshore installations with information services.
Article 22 No entity or individual shall damage the maritime traffic support and service systems or hinder their functional efficiency. Where the construction of a building or structure, or the use of facilities or equipment may affect the normal operation of the maritime traffic support and service systems, the construction entity or the owner or user shall consult with the management department of the relevant maritime traffic support and service systems and make appropriate arrangements.
Article 23 The competent department of transport under the State Council shall take necessary measures to ensure the reasonable layout and effective coverage of radio communication facilities for maritime traffic safety, plan the construction layout and the locations for maritime radio stations (sites) of its own system (industry), and issue the licenses for compulsory fitted vessel radio stations and the identification codes for such stations.
The competent department of transport under the State Council shall organize the construction of the maritime radio monitoring system of its own system (industry), monitor the radio signals thereof, and maintain the order of maritime radio waves in conjunction with the state radio regulatory authority.
Article 24 When communication on vessels needs be transferred via shore-based radio stations (sites) within the sea areas under the jurisdiction of the People's Republic of China, the transfer shall be made through domestic coastal radio stations (sites) or satellite gateway which are set up in accordance with law.
Seafarers who undertake radio communication tasks and staff of shore-based radio stations (sites) shall observe the rules for maritime radio communication, maintain a continuous watch on maritime traffic safety communication channels and keep the channels clear, and shall not occupy the maritime traffic safety communication frequencies with matters unrelated to maritime traffic safety.
No entity or individual shall use the radio station identification codes in violation of the relevant provisions of the state, disrupting the identification in maritime search and rescue.
Article 25 Relevant entities, such as entities of astronomy, meteorology and ocean, shall forecast, broadcast and provide information such as nautical astronomy, universal time, marine meteorology, waves, currents, tides and ice conditions in time.
Article 26 The competent department of transport under the State Council unifies the layout, construction and management of public aids to navigation. Where the construction entities or the owners or operators of marine engineering projects or coastal engineering projects need to install or remove private aids to navigation, move private aids to navigation, or change the lights and power of aids to navigation, etc., they shall report to the relevant maritime administration for approval. Where it is necessary to set up temporary aids to navigation, such aids to navigation shall be set up within the spots for setting aids to navigation as determined by the maritime administration.
The competent department of natural resources shall guarantee the use of the land, sea and islands for aids to navigation facilities and installations in accordance with law, and shall complete relevant procedures in accordance with law.
The construction, maintenance and upkeep of aids to navigation shall comply with the requirements of relevant mandatory standards and technical rules.
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