Maritime Traffic Safety Law of the People’s Republic of China
Maritime Traffic Safety Law of the People's Republic of China
(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.
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. The maintenance entities of aids to navigation and the owners of private aids to navigation shall conduct inspections and maintenance of aids to navigation to ensure that these aids to navigation are in good condition. If the aids to navigation are displaced, damaged or lost, the aforementioned maintenance entities or owners shall restore them in a timely manner.
Article 27 Upon discovery of any of the following circumstances, an entity or individual shall report it in a timely manner to the maritime administration; and the maritime administration shall, if it involves the duties of the waterway agency or private aids to navigation, notify the waterway agency or the owners of the private aids to navigation in a timely manner:
(1) where aids to navigation or navigation facilities are displaced, damaged or lost;
(2) where sunken, drifting, stranded objects or other obstructions jeopardizing maritime traffic safety are discovered; and
(3) where other abnormal situations jeopardize maritime traffic safety.
Article 28 The maritime administration shall, in accordance with the requirements of maritime traffic safety management, issue navigational warnings in respect of situations that are urgent or dangerous, and issue navigational notices in respect of other situations that may affect maritime traffic safety.
The maritime administration shall, in a timely manner, notify the relevant military navigation department of the navigational warnings and notices to mariners, as well as the demarcation and adjustment of ships’ routing areas, and provide relevant materials.
Article 29 The maritime administration shall broadcast information on maritime traffic safety to vessels and offshore installations in a timely manner.
When vessels or offshore installations navigate, berth or operate in ships’ routing areas, traffic control areas, or high traffic density areas, the maritime administration shall provide corresponding safety information services at request.
Article 30 For the following vessels navigating, berthing or shifting within the pilotage districts designated by the competent department of transport under the State Council, an application for compulsory pilotage shall be made to relevant maritime pilots’ associations:
(1) foreign vessels, with the exception of those which may be exempted as provided by the competent department of transport under the State Council upon approval by the State Council;
(2) nuclear-powered ships, vessels carrying radioactive materials, and ultra-large oil tankers;
(3) bulk liquefied gas carriers and bulk dangerous chemical tankers which may endanger port safety; and
(4) vessels whose overall length, width and height are close to the navigable restrictions of the corresponding channels.
The specific standards for vessels mentioned in Subparagraphs (3) and (4) in the preceding paragraph shall be formulated and published by the relevant maritime administration in accordance with the conditions of the ports.
Pilots' associations shall provide pilotage services for vessels voluntarily applying for such services.
Article 31 Pilots’ associations shall dispatch pilots with corresponding competence and experience to provide pilotage services for the vessels in time.
The pilots shall, in accordance with the assignment of the pilots’ associations, embark and disembark in the specified waters and carry out pilotage tasks safely and cautiously. Vessels being piloted shall be equipped with transfer arrangements as required, and the safety of the pilots during embarkation, disembarkation, and pilotage on the vessels shall be guaranteed.
While a vessel is under pilotage, it does not relieve the master’s responsibilities for commanding and managing the vessel.
Article 32 According to the security threats to vessels, offshore installations and ports, the competent department of transport under the State Council shall determine and issue security level in time; and vessels, offshore installations and ports shall take the corresponding security measures.
Chapter IV Navigation, Berthing and Operations
Article 33 During navigation, berthing or operations, a vessel shall have a valid certificate of registry and other legal certificates and documents, carry nautical charts and publications on board in accordance with the relevant provisions, and hang the flag of the relevant country, region and organization, with the ship name, identification number, and port of registry indicated, as well as the load line marked.
A vessel shall meet the minimum safety manning requirements and be manned with seafarers holding valid certificates of qualification.
When berthing or operating at sea, an offshore installation shall have legal certificates and documents, and be manned with personnel with required professional skills, such as skills in collision avoidance, signal, communication, firefighting and life-saving.
Article 34 The master shall check and confirm the competence of the seafarers, the seaworthiness of the vessel, and cargoworthiness before the vessel leaves the berth, and be aware of meteorological and sea conditions as well as the notices to mariners, navigational warnings and other warnings issued by the maritime administration, have pertinent emergency measures in place, and never proceed to sea at a risk.
The owner, operator or manager of a vessel shall not instigate or force seafarers to operate at risk in violation of relevant regulations.
Article 35 A vessel shall navigate, berth and operate within the navigation area specified in the ship survey certificate.
While navigating, berthing or carrying out operations, vessels shall follow relevant navigation rules, and exhibit lights and shapes and ensure under keel clearance according to relevant regulations.
Article 36 During the voyage, vessels shall, in accordance with the relevant regulations, turn on systems and devices related to navigation safety, security, and pollution prevention, such as automatic identification systems, voyage data recorders, systems for long-range identification and tracking of ships, and radio communications devices, and keep these systems and equipment on continuous display and recording.
No entity or individual may unpack, dismantle, initialize or reset the voyage data recording devices or read the stored data, except as otherwise stipulated by laws and administrative regulations.
Article 37 Vessels shall be equipped with navigation records such as log-book, engine room logs and radio logs, which shall, in accordance with the relevant regulations, record the operation of the vessels and important events in relation to maritime traffic safety in a comprehensive, authentic and timely manner during the navigation, berthing and operations of vessels, and shall properly preserve the relevant record books.
Article 38 The master shall be responsible for the management and command of the vessel. The master has the discretion to make independent decisions concerning the safety of life at sea, the security of the vessel, and the prevention and control of pollution caused by the vessel.
The master shall take necessary measures to ensure the safety of the vessel, the persons on board, the navigation documents, as well as the goods and other property of the vessel. Orders issued by the master within the purview of his responsibility and authority shall be carried out by the seafarers, passengers and other persons on board.
Article 39 To ensure the safety of the ship and the persons on board, the master, within the purview, has the authority to confine, or take other necessary restrictive measures against persons suspected of committing criminal or other illegal activities on board, and to prevent them from concealing, destroying or forging evidence.
The master, having taken any of the measures specified in the preceding paragraph of this Article, shall make a written report of the circumstance, which shall be signed by the master himself and two or more other persons on board. Once a Chinese vessel arrives at a Chinese port, those persons shall be turned over to the competent department in a timely manner.
Article 40 When a person on board is diagnosed with or is suspected to have an infectious disease that seriously threatens the health of others, the master shall immediately initiate the emergency response plan, take necessary measures within the purview to keep the said person in quarantine, and report it to the competent department in a timely manner.
Article 41 Should death occur to the master or the master be unable to perform his duties for whatever reason, the deck officer with the highest rank shall serve as the acting master; and before the vessel navigates from its next port of call, the owner, operator or manager shall appoint a new master to take command.
Article 42 Seafarers shall maneuver and manage vessels in accordance with relevant rules, regulations and operating rules relating to navigation and watch-keeping as well as the instructions of the master, maintain a safe watch, and never be absent without permission. The seafarers shall not eat the food and take the medicine or other substances that may affect the safety of the watch before and during watch-keeping.
Article 43 When entering or exiting ports or anchorages, or passing through the waters adjacent to bridges, straits, narrow channels, key fishery waters, high traffic density areas, ships’ routing areas and traffic control areas, every vessel shall maintain a proper look-out, proceed at a safe speed at all times, and conform to special navigation rules in the aforementioned areas.
The key fishery waters mentioned in the preceding paragraph shall be delimited and be made public by the competent department of fisheries under the State Council after the department consults the competent department of transport under the State Council.
A vessel crossing a lane shall not interfere with the normal navigation of vessels in the lane, and shall not cross ahead of other vessels. Any vessel exceeding the navigable restrictions of a bridge is prohibited from entering the waters adjacent to the bridge.
Article 44 No vessel shall enter or cross the prohibited navigation areas in violation of relevant regulations.
A vessel shall report its position as well as dynamic information to the maritime administration before entering or exiting the vessel reporting area.
It is prohibited to engage in cultivating, planting, fishing, or any other operation or activity that affects the safety of maritime traffic within the safe operation zone and anchorage outside a port.
Article 45 Vessels carrying or towing vessels, offshore installations or other objects of over-length, over-height, over-width or being semi-submersible shall take specific safety protection measures such as enhancing the structure of towing body and proceeding under escort, report the voyage plans to the maritime administration before departure, and exhibit lights and shapes in accordance with relevant regulations. For towing large-sized offshore installations such as mobile platforms and floating docks, the towing survey certificate issued by relevant recognized organizations shall also be submitted for verification in accordance with law.
Article 46 A vessel on international voyages entering or exiting a port area shall apply to the maritime administration for the permit of port clearance and accept supervision and inspection of the maritime administration and other inspection authorities at the border port. The maritime administration shall decide on whether or not to grant the permit within five working days from the date of accepting the application.
Foreign vessels, before temporarily entering waters not open to foreign countries, shall get permits in accordance with the relevant regulations of the State Council on vessels entering or exiting port areas.
A vessel on domestic voyages entering or exiting a port, or a loading and offloading station outside the port, shall report its voyage plans, information on seaworthiness, manning, passengers and cargoes, etc. to the maritime administration.
Article 47 Vessels shall berth at terminals, berths, loading and offloading stations, anchorages, and safe operation areas that conform to the safety requirements. The berthing of vessels shall not endanger the safety of other vessels or offshore installations.
A vessel, entering or exiting a port or a loading and offloading station outside the port, shall comply with the berthing requirements as well as the navigable restrictions such as tides, weather and sea conditions.
Where the safety of maritime traffic may be affected by a vessel entering and exiting the port or the loading and offloading station, which is of over-length, over-height or over-width, or is restricted in the ability to maneuver, the maritime administration shall check the safety conditions for the entry and exit of the vessel, and may require corresponding safety measures be taken for the vessel, such as adding tugs or entering the port taking the tide.
Article 48 Construction operations in the sea areas under the jurisdiction of the People’s Republic of China shall be subject to permission from the maritime administration, with corresponding safe operation areas approved thereby. Applicants for obtaining the permit for offshore construction operations shall meet the following requirements:
(1) the entities, personnel, vessels and facilities involved in the construction operations being in compliance with the requirements of safe navigation, berthing and operations;
(2) having plans for relevant construction operations; and
(3) having supporting measures, emergency response plans, and accountability systems in compliance with the requirements of maritime traffic safety and those for prevention and control of marine environmental pollution by vessels.
Vessels engaged in construction operations shall operate within the approved safe operation areas, and the measures for maritime traffic safety management shall be implemented. Other irrelevant vessels and offshore installations shall not enter the safe operation areas.
The laws of port administration shall apply to excavation, explosion and other operations in the waters of a port that may endanger the safety of the port.
Article 49 Those engaged in sports, entertainment, drills, trial voyages, scientific observation, and other activities on the surface of or under the water shall abide by the regulations on the administration of maritime traffic safety; the activities that may affect the safety of maritime traffic shall be reported to the maritime administration 10 working days in advance with regard to the scope of the sea area involved.
Article 50 After the completion of offshore construction operations or activities on the surface of or under the water, the entities and individuals concerned shall eliminate in a timely manner the hazards that may obstruct maritime traffic safety.
Article 51 The owner, operator or manager of an obstruction shall report the name, shape, size, location and depth of the obstruction to the maritime administration in accordance with the requirements of relevant mandatory standards and technical rules, set up warning signs in time, and salvage and remove the obstruction within the time limit set by the maritime administration. The owner of an obstruction who waives the ownership thereof shall not be exempted from the obligation of salvage and removal.
If the owner, operator or manager of an obstruction cannot be identified, the maritime administration shall organize to set up signs, salvage it, or take corresponding measures, and the expenses incurred shall be covered by the budget.
Article 52 Under any of the following circumstances, which has a great influence on maritime traffic safety, the relevant maritime administration shall, in light of the specific circumstance, take corresponding traffic control measures such as suspension of navigation, speed limit, or delimitation of traffic control areas, and make a notice to the public:
(1) under harsh weather and sea conditions;
(2) where there is a marine hazard or marine traffic accident affecting navigation;
(3) where there is military training, drills or other related activities;
(4) where there is a large-scale activity on the surface of or under the water;
(5) where navigation density in a specific sea area is close to saturation; and
(6) where any other case imposes a great impact on navigation safety.
Article 53 In order to maintain maritime traffic safety and protect the marine environment, the competent department of transport under the State Council may, together with other departments concerned, take necessary measures to prevent and stop the non-innocent passage of foreign vessels through the territorial sea.
Article 54 The following foreign vessels, entering or exiting the territorial sea of the People’s Republic of China, shall report to the maritime administration:
(1) submersibles;
(2) nuclear-powered ships;
(3) vessels carrying radioactive substances or other toxic and harmful substances; and
(4) other vessels that may pose a danger to the maritime traffic safety of the People’s Republic of China, as prescribed by laws, administrative regulations or other regulations of the State Council.
Passing through the territorial sea of the People’s Republic of China, the vessels specified in the preceding paragraph shall hold relevant certificates, take special preventive measures in compliance with the laws, administrative regulations, and ministerial rules of the People’s Republic of China, and accept the instructions and supervision of the maritime administration.
Article 55 Foreign vessels are not allowed to enter the internal waters of the People’s Republic of China unless they have obtained the permit to enter port areas in accordance with this Law, except, however, for cases of emergency such as urgent illness, mechanical failure, distress, and shelter from the wind.
If a foreign vessel enters the internal waters of the People’s Republic of China due to any of the cases of emergency mentioned in the preceding paragraph, it shall simultaneously make an emergency report to the maritime administration and accept the instructions and supervision of the maritime administration. The maritime administration shall, in a timely manner, notify the coast guard agency that has jurisdiction over relevant water, the nearest station of immigration inspection, and the local authorities such as the public security organ and the customs.
Article 56 Military vessels of the People’s Republic of China performing missions or official vessels of the People’s Republic of China performing duties are not bound by the relevant rules of navigation, berthing, and operations in case of an emergency, provided that the safety of maritime traffic is ensured.
Chapter V Safety of Maritime Passenger and Cargo Transportation
Article 57 Except for salvage operations or lifesaving activities, passenger ships shall carry passengers in accordance with the number of passengers specified in the ship survey certificate, and cargo ships shall meet the determined load line and cargo categories requirements specified in the ship survey certificate and shall not carry any passenger.
Article 58 Passenger ships shall not carry dangerous goods while carrying passengers.
Passengers shall not carry or smuggle in their luggage the dangerous goods provided for by laws or administrative regulations, or specified by the competent department of transport under the State Council.
Article 59 Safety instructions shall be exhibited in prominent places on passenger ships, safety signs and warnings shall be placed, and passengers shall be briefed on the use of life-saving appliances and the emergency measures to be taken in case of emergency. Passengers shall follow the relevant safety requirements.
Article 60 The local people’s governments at or above the county level where coastal ferry terminals are located shall establish and improve a safety management accountability system, develop safety control measures for coastal ferry terminals, and guide and supervise coastal ferry terminal operators in undertaking their primary responsibilities to keep ferry traffic in order and maintain ferry safety.
Coastal ferry routes shall be demarcated by the competent department of transport of the local people’s government at or above the county level in conjunction with the local maritime administration. Ferries shall be safely navigated as per the demarcated routes.
In case of adverse weather and sea conditions, local people’s governments at or above the county level or the departments designated by the said governments shall publish the announcement to stop ferry services.
Article 61 Cargoes carried by vessels shall be safely loaded, discharged, stored, segregated, secured and managed in accordance with relevant laws, administrative regulations, ministerial rules, as well as the mandatory standards and technical rules.
Article 62 For a vessel to carry dangerous goods, a valid document of compliance for ships carrying dangerous goods is required, and an emergency response plan for dangerous goods as well as corresponding fire-fighting and emergency response equipment and materials shall be in place according to the characteristics of the dangerous goods and the requirements of emergency response measures.
Article 63 A shipper consigning dangerous goods shall notify the carrier of the official shipping name and hazardous properties of the goods, as well as the precautions to be taken. The goods shall be properly packed, with dangerous goods labels and markings in prominent places in accordance with the requirements of relevant laws, administrative regulations, ministerial rules, as well as the mandatory standards and technical rules.
No shipper shall smuggle dangerous goods into the consigned general goods or declare dangerous goods as general goods in consignment.
When the goods consigned by a shipper are goods with hazardous properties but are not listed in the International Maritime Dangerous Goods Code or China’s List of Dangerous Goods, the shipper shall also submit documents issued by the relevant professional agencies, which shall indicate the hazardous properties of the goods and the precautions to be taken.
The specifications for hazardous properties of goods shall be developed and published by the state maritime administration.
Article 64 Vessels carrying dangerous goods entering or exiting ports shall be subject to permission by the maritime administration; report the time of arrival and departure, and duration in the ports, among other things; and shall comply with the following requirements:
(1) that the dangerous goods carried thereon are in compliance with the requirements for the safe carriage by sea;
(2) that loading is in compliance with the requirements set in the certificates and documents; and
(3) that the ports, terminals and berths for berthing or for loading or offloading of dangerous goods shall have the qualification for dangerous goods operation prescribed by laws and administrative regulations.
A maritime administration shall decide on whether or not to grant the permit within 24 hours of receiving an application.
A specified vessel carrying specified types of cargo in a specified navigation route may apply for a permit that allows entry into and exit from a port multiple times within a period of not more than 30 days. The maritime administration shall decide on whether or not to grant the permit within 5 working days of receiving an application.
The maritime administration shall notify the local port administration of the granting of the aforementioned permits.
Article 65 For vessels and offshore installations engaged in carriage, loading or offloading, or transfer of dangerous goods, operation plans shall be developed, mandatory standards and safe operating rules complied with, and necessary precautionary measures taken to prevent accidents.
Vessels engaged in the transfer of bulk liquid dangerous goods outside the port waters shall be subject to permission by the maritime administration, with safe operation areas verified and approved, and the following requirements complied with:
(1) that the vessels or offshore installations used for the said transfer operation are in compliance with the requirements of maritime traffic safety and those for prevention and control of marine environment pollution caused by vessels;
(2) that the goods to be transferred are in compliance with the requirements of safe transfer;
(3) that the person conducting the transfer operation possess the capability of conducting said transfer operation as provided for by laws and administrative regulations;
(4) that the waters and their bottom sediment and surroundings are suitable for said transfer operation;
(5) that said transfer operation poses no threat to ocean resources, adjacent military targets, and important civilian targets; and
(6) that the transfer operation plans, safety measures and emergency response plans are in place and are in compliance with the safety requirements.
Upon receiving an application for a vessel to engage in transfer operation on a single voyage, the maritime administration shall decide on whether or not to grant the permit within 24 hours. With respect to a vessel engaging in transfer operation on multiple voyages in a specific water area, the maritime administration shall decide on whether or not to grant the permit within five working days of receiving the application.
Chapter Ⅵ Maritime Search and Rescue
Article 66 Persons in distress at sea are entitled to life-saving services in accordance with law. Life-saving takes precedence over the environment and property salvage.
Article 67 Maritime search and rescue work shall be conducted in the principles of government leadership, unified command, the priority of local rescue forces, the combination of professional and public rescue forces, and expediency and proximity.
Article 68 The state establishes a coordination mechanism for maritime search and rescue, which coordinates the emergency responses nationwide for maritime search and rescue, addresses major issues related to maritime search and rescue and organizes and coordinates major maritime search and rescue operations. The coordination mechanism is composed of relevant departments and authorities of the State Council as well as relevant military organs.
China Maritime Rescue Coordination Center as well as the maritime rescue coordination centers established and the agencies designated by relevant local people’s governments (hereinafter collectively referred to as MRCC) shall be responsible for the organization, coordination and command of maritime search and rescue.
Article 69 Local people’s governments at or above the county level in coastal areas shall arrange necessary funds for maritime search and rescue to ensure the normal operation.
Article 70 Each member entity shall, under the unified organization, coordination and command of the relevant MRCC and in accordance with its own responsibilities, undertake the work such as emergency response for maritime search and rescue, disaster relief, offering support, and the windup work.
Article 71 The state sets up professional maritime search and rescue forces and builds up the maritime search and rescue capacity. Professional maritime search and rescue forces shall be equipped with specialized search and rescue equipment, and regular drills and a routine training system shall be established to improve their search and rescue capability.
The state encourages private sectors to set up maritime search and rescue forces and to participate in maritime search and rescue operations.
Article 72 Vessels, offshore installations, aircraft and persons in distress at sea shall immediately report to the responsible MRCC. No concealment or false report of such situations at sea is permitted.
Vessels, offshore installations, aircraft and persons that send distress signals by mistake shall immediately report to the responsible MRCC and take necessary measures to eliminate the impact.
Any other entity or individual that discovers or learns of maritime distress shall immediately report to the responsible MRCC.
Article 73 Vessels and offshore installations involved in a collision shall communicate with each other their names, nationalities and ports of registration, make every effort to rescue each other without seriously endangering their own safety, and shall not leave the scene or escape without permission.
Article 74 Vessels and offshore installations in distress and their owners, operators or managers shall take effective measures to prevent or reduce loss of life and property and pollution of the marine environment.
When a vessel is in distress, passengers on board shall obey the command of the master and cooperate in taking relevant emergency response measures. Passengers are entitled to necessary information about the distress.
When a decision to abandon the vessel is made, the master shall organize the passengers and seafarers to leave the vessel in turn and make every effort to save statutory navigational data. The master shall be the last to leave the vessel.
Article 75 A vessel, an offshore installation, or aircraft, upon receiving a distress signal or discovering that a person’s life is in danger, shall make every effort to rescue the person in distress without seriously endangering its own safety.
Article 76 An MRCC shall, upon receiving a report of distress at sea, immediately verify it, and organize, coordinate and direct in a timely manner the relevant departments of the government, professional search and rescue forces, and other relevant entities and resources to participate in the search and rescue, and designate an on-scene coordinator. Vessels, offshore installations, aircraft and persons engaged in the search and rescue operation shall follow the instructions of the on-scene coordinator and report search and rescue developments and results in time.
The decision to suspend, resume or terminate a search and rescue operation shall be made by the responsible MRCC. Without the consent of the MRCC, vessels, offshore installations, aircraft and personnel participating in the search and rescue operations shall not withdraw from the search and rescue operation.
When military forces are engaged in maritime search and rescue, the provisions of relevant laws and administrative regulations shall apply.
Article 77 A vessel, an offshore installation, aircraft, or a person in distress shall follow the instructions of the MRCC and the on-scene coordinator, and accept assistance without delay.
If a vessel, an offshore installation, or aircraft in distress fails to cooperate, the on-scene coordinator may take appropriate measures in light of the emergency phase of the situation.
Article 78 In the event of a maritime accident or distress, the relevant local government shall, in a timely manner, organize medical institutions to provide emergency medical assistance for the persons in distress, provide necessary livelihood support for the persons rescued, and coordinate relevant parties to take measures to do the windup work.
Article 79 The provisions of this Chapter apply to search and rescue operations carried out in the search and rescue region of China established by international treaties concluded or acceded to by the People’s Republic of China.
Where a Chinese vessel is in distress in a sea area outside the jurisdiction and the search and rescue region of the People’s Republic of China, China MRCC shall, upon receiving the information, carry out international cooperation in accordance with the provisions of the international treaties concluded or acceded to by the People’s Republic of China.
Chapter VII Investigation and Handling of Maritime Traffic Accidents
Article 80 Where a vessel or an offshore installation is involved in a maritime traffic accident, a timely report shall be made to the maritime administration and an investigation shall be carried out.
Article 81 Maritime traffic accidents are classified into very serious accidents, serious accidents, major accidents, and general accidents in light of the damage incurred. In the classification of accidents, the criteria of injuries or fatalities are determined in accordance with the provisions of the laws and administrative regulations concerning work safety, and the criteria of direct economic loss are determined by the department of transport under the State Council in conjunction with other relevant departments under the State Council based on the special circumstances of maritime traffic accidents. These criteria shall be published and implemented after approval by the State Council.
Article 82 Very serious maritime traffic accidents shall be investigated by the accident investigation teams organized by the State Council or a department authorized by the State Council. The maritime administration shall participate in or cooperate on such investigations.
Other maritime traffic accidents shall be investigated by the accident investigation teams organized by the maritime administration, and the departments concerned shall provide cooperation. The State Council may, if it deems it necessary, directly organize, or authorize the departments concerned to organize accident investigation teams to conduct an investigation.
If a maritime traffic accident involves a military transport mission, the maritime administration shall investigate the accident in conjunction with relevant military organs; if a fishing vessel is involved, the competent department of fisheries and coast guard agency shall participate in the investigation.
Article 83 Maritime traffic accident investigation shall be comprehensive, objective, impartial and timely; the facts and causes of the accident shall be identified and liability determined in accordance with law.
Article 84 The maritime administration, if so needed, may unpack or dismantle the voyage data recording device of a vessel involved in an accident or read the information recorded thereby, request the vessel to go to a designated place or prohibit it from leaving the port, and detain and properly maintain the certificates, documents, articles, materials, etc. of the vessel or offshore installations concerned. Personnel involved in the accident shall cooperate on the investigation.
Article 85 The maritime traffic accident investigation team shall submit an investigation report within 90 days of the date of the accident. Under special circumstances, with the approval of the leading person of the department responsible for organizing the accident investigation team, the deadline for submitting the accident investigation report may be extended as appropriate, but the extension shall not exceed 90 days. The time required for technical appraisal of the accident shall not be included in the period of accident investigation.
The maritime administration shall, within 15 working days from the date of receiving the maritime traffic accident investigation report, issue a document of accident liability determination, which shall be used as evidence for handling the maritime traffic accident.
If the damage and losses caused by an accident are small and the facts and liability are clear, the simplified investigation procedure can be adopted in accordance with the regulations of the department of transport under the State Council.
The maritime traffic accident investigation report and the document of accident liability determination shall be made public in accordance with the provisions of relevant laws and administrative regulations.
Article 86 Where a Chinese vessel is involved in a maritime traffic accident in a sea area outside the jurisdiction of the People’s Republic of China, a report shall be made in time to the responsible maritime administration, and an investigation shall be carried out.
Where a foreign vessel is involved in a maritime traffic accident in a sea area outside the jurisdiction of the People’s Republic of China, causing serious injury or fatality to any Chinese citizen, the relevant maritime administration shall participate in the investigation in accordance with the provisions of the international treaties which the People’s Republic of China has concluded or acceded to.
Article 87 Vessels and offshore installations may apply to the relevant maritime administration for maritime declaration endorsements if they are caught in severe weather, sea conditions or accidents at sea that have caused or may cause damage and need to explain and record information such as the time, location and measures taken. The maritime administration shall issue endorsements in accordance with relevant regulations.
Chapter VIII Supervision and Administration
Article 88 The maritime administration shall, in accordance with law, supervise and inspect navigation, berthing, operations and other activities related to maritime traffic safety in sea areas under the jurisdiction of the People’s Republic of China.
The maritime administration shall, in accordance with the laws and administrative regulations of the People’s Republic of China and the international treaties concluded or acceded to by the People’s Republic of China, conduct port state control and coastal state inspection over foreign vessels.
When performing their duties, the law enforcement officials of the maritime administration shall dress in accordance with the regulations, wear badges indicating their ranks, and present law enforcement credentials to accept supervision.
Relevant entities and individuals shall cooperate when the maritime administration performs duties of supervision and inspection in accordance with law, and shall not refuse or hinder such supervision and inspection.
Article 89 The maritime administration may conduct supervision and inspection by means of on-board inspection, certificate verification, on-site inspection, inquiring relevant personnel, electronic monitoring, etc.
If a vessel carrying dangerous goods is suspected of non-declaration or misdeclaration of dangerous goods, the relevant maritime administration may conduct an inspection by opening the packages, and shall notify the relevant departments of the inspection results. Port operators and relevant entities and individuals shall provide assistance.
Article 90 The maritime administration shall avoid or minimize the impact on the normal operation of vessels and offshore installations when conducting supervision and inspection.
Vessels in navigation shall not be intercepted for inspection, except as otherwise provided by laws or administrative regulations, or serious consequences may occur if immediate supervision and inspection are not carried out.
Article 91 Where a vessel or an offshore installation poses a threat to port safety, the maritime administration shall issue an order of immediate correction or correction within a time limit, restrict the operation of the vessel or offshore installation, and shall order it to sail to a designated place, prohibit it from entering the port, or expel it from the port.
Where a vessel or an offshore installation is unseaworthy or not suitable for towing, the seafarers or the relevant personnel on the offshore installation do not have valid legal certificates or documents, or there are other hazards seriously endangering maritime traffic safety or the marine environment, the maritime administration shall, according to the circumstances, prohibit the vessel or offshore installation concerned from entering or exiting the port, temporarily detain the relevant certificates or documents, or order the vessel or offshore installation to suspend voyage, change course, navigate to a designated place or stop operation. If a vessel is overloaded, the maritime administration may force the vessel to reduce the load in accordance with law, and the expenses arising from the mandatory load reduction shall be borne by the owner, operator or manager of the vessel.
Where a vessel or an offshore installation involved in a maritime traffic accident or pollution incident fails to settle the taxes, fees or late fees with no guarantee provided, or fails to fulfill other legal obligations, the maritime administration shall issue an order of correction, and may prohibit the vessel or offshore installation from leaving the port.
Article 92 Where a foreign vessel may threaten the safety of the internal waters and territorial sea of the People’s Republic of China, the relevant maritime administration has the right to order it to leave.
Where a foreign vessel violates the laws or administrative regulations of the People’s Republic of China on maritime traffic safety or the prevention of ship pollution, the relevant maritime administration may exercise the right of hot pursuit in accordance with law.
Article 93 Every entity or individual has the right to report to the maritime administration any act impeding maritime traffic safety. Upon receiving the report, the maritime administration shall verify and handle it in a timely manner.
Where a maritime administration, in the course of supervision and inspection, discovers that a vessel or an offshore installation has violated any other law or administrative regulation, it shall notify or transfer the matter to the competent department for handling in a timely manner in accordance with law.
Chapter IX Legal Liability
Article 95 Where a vessel or an offshore installation does not have the valid certificates or documents as required, the relevant maritime administration shall issue an order of correction, impose on the owner, operator or manager a fine of not less than RMB 30,000 yuan but not more than RMB 300,000 yuan, and on the master and other liable persons, not less than RMB 3,000 yuan but not more than RMB 30,000 yuan. Where the circumstance is serious, the master’s and the liable seafarers’ certificates of competency shall be suspended for 18 to 30 months or even revoked. Where the certificates or documents are forged or altered, these certificates or documents shall be confiscated. The vessel, if there exists a serious potential safety threat, shall also be confiscated in accordance with law.
Article 96 Where a vessel or an offshore installation is in any of the following circumstances, the maritime administration shall issue an order of correction, impose on the owner, operator or manager a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan, and on the master and other relevant liable persons, not less than RMB 2,000 yuan but not more than RMB 20,000 yuan. If the circumstance is serious, the relevant certificates or documents of the owner, operator or manager of this vessel shall be revoked, and the certificates of competency of the master and other relevant liable persons shall be suspended for 12 to 24 months or even revoked：
(1) where the actual condition of the vessel or offshore installation is not in conformity with what’s in the certificates and documents;
(2) where the vessel fails to fly the national flag in accordance with law, or illegally flies the flag of another country, region or organization;
(3) where the vessel fails to mark the name, identification number, port of registry, and load line according to relevant regulations; and
(4) where the manning of the vessel or offshore installation fails to meet the minimum safety manning requirements.
Article 97 Where a person works on a vessel without a seafarer’s certificate of competency or medical certificate, or his certificate of competency does not meet the relevant requirements, the maritime administration shall impose on the owner, operator or manager of the vessel a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan, and on the liable seafarer, not less than RMB 3,000 yuan but not more than RMB 30,000 yuan. If the circumstance is serious, the owner, operator or manager of the vessel shall be fined not less than RMB 30,000 yuan but not more than RMB 300,000 yuan, and the liable seafarers’ certificates of competency shall be suspended for 6 to 12 months or even revoked.
Article 98 Where the relevant certificates and documents of a Chinese vessel are obtained by deception, bribery or other illegitimate means, the maritime administration shall revoke the relevant permits, confiscate the relevant certificates and documents, and impose a fine of not less than RMB 40,000 yuan but not more than RMB 400,000 yuan on the owner, operator or manager of the vessel.
Where a seafarer’s certificate of competency is obtained by deception, bribery or other illegitimate means, the maritime administration shall revoke the relevant permit, confiscate the certificate of competency, and impose a fine of not less than RMB 5,000 yuan but not more than RMB 50,000 yuan on the liable persons.
Article 99 Where a seafarer fails to maintain safe watch, or illegally eats food or takes medicine or any other substance that may affect safe watch, or commits any other act in violation of the rules on watchkeeping for seafarers, the maritime administration shall impose a fine of not less than RMB 1,000 yuan but not more than RMB 10,000 yuan on the master and the seafarer, or suspend their certificates of competency for 3 to 12 months. If the circumstance is serious, the certificates of competency of the master and the seafarer shall be revoked.
Article 100 In any of the following circumstances, the relevant maritime administration shall issue an order of correction, and shall impose a fine of not less than RMB 30,000 yuan but not more than RMB 100,000 yuan if the circumstance is serious:
(1) constructing marine engineering or coastal engineering projects without equipping corresponding installation or equipment to prevent collisions, or without setting up private aids to navigation according to relevant regulations;
(2) damaging maritime traffic support service system or hindering its efficiency;
(3) setting up or removing private aids to navigation, moving such aids to navigation, or changing lighting, power or other conditions of the aids to navigation without the permission of the relevant maritime administration, or failing to set temporary aids to navigation at the positions determined by the maritime administration; and
(4) engaged in cultivating, planting, fishing and other operations or activities that affect the safety of maritime traffic within safety operation areas or off-port anchorages.
Article 101 In any of the following circumstances, the maritime administration shall issue an order of correction, and impose a fine of not more than RMB 30,000 yuan on the relevant liable persons. If the circumstance is serious, a fine of not less than RMB 30,000 yuan but not more than RMB 100,000 yuan shall be imposed, and the relevant certificates of competency of the liable seafarers shall be suspended for 1 to 3 months:
(1) where a seafarer undertaking a radio communication task or a staff member of the shore-based radio station fails to keep the maritime traffic safety communication channel watched and clear, or uses the maritime traffic safety communication frequency for a purpose irrelevant to maritime traffic safety;
(2) where radio identification codes are used in violation of relevant regulations, thus affecting the identification in maritime search and rescue; and
(3) where there is any other behavior that violates the maritime radio communication rules.
Article 102 Where a vessel fails to apply for pilotage in accordance with this Law, the maritime administration shall impose a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan on the owner, operator or manager of the vessel, and a fine of not less than RMB 1,000 yuan but not more than RMB 10,000 yuan on the master. If the circumstance is serious, the relevant vessel certificates shall be suspended for 3 to 12 months, and the master’s certificate of competency shall be suspended for 1 to 3 months.
Where there is negligence in the dispatch of pilots by a pilots’ association, thus causing damage to the vessel, the maritime administration shall impose on the pilots’ association a fine of not less than RMB 30, 000 yuan but not more than RMB 300,000 yuan.
Where a person provides pilotage service without the assignment from a pilots’ association, the maritime administration shall impose on the person a fine of not less than RMB 3,000 yuan but not more than RMB 30,000 yuan.
Article 103 Where a vessel navigates, berths or operates at sea under any of the following circumstances, an order of correction shall be issued by the maritime administration; the owner, operator or manager of the vessel shall be fined not less than RMB 20,000 yuan but not more than RMB 200,000 yuan, and the master and liable seafarers shall be fined not less than RMB 2,000 yuan but not more than RMB 20,000 yuan; the certificates of competency of the master and liable seafarers shall be suspended for 3 to 12 months; or, if the circumstance is serious, their certificates of competency shall be revoked:
(1) where the vessel fails to maintain a proper look-out, proceed at a safe speed at all times, or conform to the relevant special navigation rules when entering or exiting ports, anchorages, or passing through the waters adjacent to bridges, straits, narrow channels, the key fishery waters, high traffic density areas, vessel routing areas or traffic control areas;
(2) where the vessel fails to exhibit lights or shapes, or ensure under keel clearance according to the relevant provisions.
(3) where the vessel proceeds to sea at risk without meeting the conditions for safe navigation, or operates or works in violation of rules, or navigates, berths or operates beyond the navigation areas specified in the ship survey certificate;
(4) where the vessel fails to turn on the systems and devices related to navigation safety, security and pollution prevention in accordance with the relevant regulations, such as the automatic identification system, voyage data recorders, systems for long-range identification and tracking, or radio communications devices, or fails to keep these systems and equipment on continuous display and recording;
(5) where, without authorization, the vessel’s voyage data recorders were unpacked, dismantled, initialized or reset, or the stored data were read;
(6) where the vessel interferes with the normal navigation of other vessels when crossing a lane, crosses ahead of other vessels, or exceeds the navigable restrictions of a bridge to enter the waters adjacent to the bridge；
(7) where the vessel illegally enters or crosses prohibited navigation areas;
(8) where the vessel carries or tows semi-submersible vessels, offshore installations or other objects of over-length, over-height, or over-width without taking specific safety protection measures, reporting the navigation plans to the relevant maritime administration before navigation, or exhibiting lights or shapes in accordance with relevant regulations; or tows large-sized offshore installations such as mobile platforms and floating docks without towing survey certificates issued by ship survey organizations；
(9) where the vessel berths at terminals, berths, loading and offloading stations, anchorages and safe operation areas that do not meet safety requirements, or its berthing endangers the safety of other vessels or offshore installations；
(10) where the vessel carries passengers or goods beyond the passenger quota, load line or types of goods as approved in the survey certificate, or the vessel which is a passenger ship carries passengers and dangerous goods at the same time;
(11) where a passenger ship fails to exhibit safety instructions or set safety signs or warnings；
(12) where goods on the vessel are not safely loaded or offloaded, stowed, segregated, secured, or cared for in accordance with the requirements of relevant laws, administrative regulations, ministerial rules, mandatory standards or technical rules; and
(13) where there exists any other act violating the rules of navigation, berthing or operations.
Article 104 Where a vessel engaged in an international voyage enters or exits a port area without permission, the maritime administration shall impose a fine of not less than RMB 3,000 yuan but not more than RMB 30,000 yuan on the owner, operator or manager of this vessel, and not less than RMB 2,000 yuan but not more than RMB 20,000 yuan on the master, liable seafarers and other liable persons. If the circumstance is serious, the certificates of competency of the master and liable seafarers shall be revoked.
Where a vessel on a domestic voyage entering or exiting a port or a loading and offloading station outside the port, fails to report to the maritime administration in accordance with law, the maritime administration shall impose a fine of not less than RMB 3,000 yuan but not more than RMB 30,000 yuan on the owner, operator or manager of this vessel, and not less than RMB 500 yuan but not more than RMB 5,000 yuan on the master, liable seafarers and other liable persons.
Article 105 Where a vessel or an offshore installation engages in offshore construction operation without permission, or operates beyond the requirements in the permit or the approved safe operation area, the maritime administration shall issue an order of correction, impose a fine of not less than RMB 30,000 yuan but not more than RMB 300,000 yuan on the owner, operator or manager of this vessel or offshore installation, and not less than RMB 3,000 yuan but not more than RMB 30,000 yuan on the master and liable seafarers, or suspend their certificates of competency for 6 to 12 months. If the circumstance is serious, the certificates of competency of the master and liable seafarers shall be revoked.
When a vessel or an offshore installation engages in activities on the surface of or under the water, which may affect maritime traffic safety, and fails to report to the maritime administration in advance according to relevant regulations, the maritime administration shall impose a fine of not less than RMB 10,000 yuan but not more than RMB 30,000 yuan on the owner, operator or manager of this vessel or offshore installation, and not less than RMB 2,000 yuan but not more than RMB 20,000 yuan on the master and liable seafarers.
Article 106 Where the owner, operator or manager of an obstruction is in any of the following situations, the maritime administration shall issue an order of correction, and impose a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan; if the situation is not corrected within the prescribed time limit, the maritime administration shall have the authority to perform the correction in place of the owner, operator or manager in accordance with law, and the cost incurred therefrom shall be borne by the owner, operator or manager:
(1) failing to set up warning signs in time in accordance with the requirements of relevant mandatory standards and technical rules;
(2) failing to report the name, shape, size, location or depth of the obstruction to the maritime administration; and
(3) failing to remove the obstruction within the time limit set by the maritime administration.
Article 107 Where a foreign vessel enters or exits the internal waters or territorial sea of the People’s Republic of China in violation of this Law, the maritime administration shall impose a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan on the owner, operator or manager of this vessel, and not less than RMB 10,000 yuan but not more than RMB 30, 000 yuan on the master.
Article 108 Where a vessel carrying dangerous goods is in any of the following circumstances, the maritime administration shall issue an order of correction, and impose a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan on the owner, operator or manager of this vessel, and not less than RMB 5,000 yuan but not more than RMB 50,000 yuan on the master, liable seafarers or other liable persons. If the circumstance is serious, the vessel shall be ordered to stop the operation or navigation, and the certificates of competency of the master and liable seafarers shall be suspended for 6 to 12 months or even revoked:
(1) entering and exiting a port or engaging in the transferring operation of liquid dangerous goods without permission;
(2) having no emergency response plan or corresponding fire fighting or emergency facilities and equipment, as required by relevant regulations; and
(3) engaged in dangerous goods loading or offloading, or transferring operations, in violation of the requirements of relevant mandatory standards and technical rules.
Article 109 Shippers consigning dangerous goods in any of the following circumstances shall be ordered by the maritime administration to make corrections, and shall be fined not less than RMB 50,000 yuan but not more than RMB 300,000 yuan:
(1) failing to notify the carrier of the dangerous goods’ official name or hazardous properties, or the precautions to be taken;
(2) failing to properly pack dangerous goods or attach labels and marks in prominent places in accordance with the requirements of relevant laws, administrative regulations, ministerial rules, mandatory standards and technical rules.
(3) smuggling dangerous goods in the consigned general goods, or declaring dangerous goods as general goods; and
(4) failing to submit, in accordance with law, documents issued by the relevant professional agencies which indicate the hazardous properties of the goods and the precautions to be taken.
Article 110 Where a vessel or an offshore installation, in distress or involved in a maritime traffic accident, fails to report, conceals, or makes a false report on the situation, the maritime administration shall impose a fine of not less than RMB 3,000 yuan but not more than RMB 30,000 yuan on the owner, operator or manager of this vessel or offshore installation, and not less than RMB 2,000 yuan but not more than RMB 20,000 yuan on the master and liable seafarers. And the certificates of competency of the master and liable seafarers shall be suspended for 6 to 24 months. If the circumstance is serious, the owner, operator or manager of this vessel or offshore installation shall be fined not less than RMB 10,000 yuan but not more than RMB 100,000 yuan, and the certificates of competency of the master and liable seafarers shall be revoked.
Article 111 Where a vessel escapes after a maritime traffic accident, the maritime administration shall impose a fine of not less than RMB 100,000 yuan but not more than RMB 500,000 yuan on the owner, operator or manager of this vessel, and not less than RMB 5,000 yuan but not more than RMB 50,000 yuan on the master and liable seafarers. The certificates of competency of the master and liable seafarers shall be revoked, and they shall be prohibited from reapplying for such certificates for life.
Article 112 Where a vessel or offshore installation fails to perform the obligation of maritime salvage in accordance with law or refuses to obey the command of the MRCC, the maritime administration shall impose a fine of not less than RMB 30,000 yuan but not more than RMB 300,000 yuan on the owner, operator or manager of this vessel or offshore installation, and shall suspend the certificates of competency of the master and liable seafarers for 6 to 12 months, or even revoke the said certificates.
Article 113 Where a relevant entity or individual refuses or hinders the supervision and inspection by the maritime administration, or practices fraud during the supervision and inspection, the maritime administration shall impose a fine of not less than RMB 2,000 yuan but not more than RMB 20,000 yuan, suspend the certificates of competency of the master and liable seafarers for 6 to 24 months, or even revoke the said certificates.
Article 114 Any staff member of a department of transport, maritime administration, or another department concerned who acts in violation of this Law and abuses power, neglects the duty or plays favoritism shall be given sanctions in accordance with law.
Article 115 Where a civil dispute arises from a maritime traffic accident, the parties may apply for arbitration or bring a lawsuit to the people’s court in accordance with law.
Article 116 Where a person acts in violation of this Law, which constitutes a violation of public security administration, the person shall be given a public security administration penalty; where the act causes personal injury or property damage, the person shall assume civil liability in accordance with law; where the act constitutes a crime, the person shall be held criminally liable in accordance with law.
Chapter X Supplementary Provisions
Article 117 For the purposes of this Law, the definitions of the following terms are:
“Vessels/ships” refer to all types of displacement or non-displacement vessel, boat, raft, hydro-flight equipment, submersible, mobile platform, and other mobile devices.
“Offshore installations” refer to all types of structures or installations on the surface of and under the water, whether fixed or floating, and fixed platforms, excluding docks, breakwaters, and other port facilities.
“Internal waters” refer to waters from the landward side of the baseline of the territorial sea of the People’s Republic of China to the coastline.
“Construction operations” refer to the exploration, excavation, blasting, construction, repair, and demolition of structures or installations on the surface of and under the water, waterway construction, dredging (excluding waterway maintenance dredging), and salvage of shipwrecks and sunken objects.
“Maritime traffic accidents” refer to accidents involving vessels and offshore installations during navigation, berthing and operations due to collision, running aground, striking rock, allision, fire, wind disaster, wave damage, sunk, etc., resulting in personal injury or fatality and loss of property.
“Maritime distress” refers to all kinds of situations that threat the safety of life and the marine environment, which need to be avoided, controlled, mitigated or eliminated immediately by taking measures.
“Dangerous goods” refer to the goods listed in the International Maritime Dangerous Goods Code (IMDG Code) and China’s List of Dangerous Goods. Those goods are inflammable, explosive, deleterious, corrosive, radioactive, polluting, etc. and may cause personal injury, property loss or environmental pollution when being carried by ships, thus demanding special precautions and protection during the course.
“Coastal ferry terminals” refer to the transportation infrastructure dedicated to ferry persons, luggage and vehicles between islands, an island and a piece of land, or pieces of land across the sea.
Article 118 The specific measures for the survey and manning of vessels performing public duties shall be separately formulated by the competent department of transport under the State Council together with other departments concerned.
The measures for registration and survey of sports crafts shall be separately formulated by the sports administration under the State Council. The sports administration concerned shall be responsible for the supervision and administration of sports crafts concerning maritime traffic safety during training and competition.
The departments of fisheries of the people’s governments at or above the county level shall be responsible for the supervision and administration of fishery crew, fishery radio and fishery aids to navigation, administration of fishing vessel registration, maritime traffic safety administration within the waters of fishing harbors, and investigation and handling of traffic accidents between fishing vessels (including foreign fishing vessels) within the waters of fishing harbors. Where the provisions of other laws, administrative regulations or the State Council stipulate otherwise on the investigation and handling of traffic accidents between fishing vessels, such provisions shall prevail.
Except for those provided in the preceding paragraph, the maritime administration shall be responsible for the supervision and administration of fishing vessels concerning maritime traffic safety. The survey, supervision and administration of fishing vessels shall be executed by the maritime administration in accordance with the provisions of relevant laws and administrative regulations.
The survey of offshore oil and natural gas production facilities such as floating oil storage units shall be governed by the relevant laws and administrative regulations.
Article 119 The Central Military Commission shall formulate measures separately for the internal administration of maritime traffic safety in the areas with military restrictions and that of the military vessels and offshore installations, the set and management of military aids to navigation, and the administration of operations and activities carried out on the surface of and under the water for military purposes.
The maritime administration shall consult the relevant military authorities before demarcating and adjusting maritime traffic functional zones and specific waters within the territorial sea, delineating ferry routes at coastal ferry terminals, and granting permits for offshore construction operations, which may affect the combat readiness, training, duty and other operations of military vessels.
When executing military transportation missions, relevant military authorities shall notify the maritime administration in time if they have special needs. The maritime administration shall provide necessary convenience.
Where the administration of maritime traffic safety refers to national defense transportation and the protection of military facilities, the provisions of relevant laws shall apply.
Article 120 Where any foreign vessel performing public duties which navigates, berths and operates in the territorial sea of the People’s Republic of China violates any law or administrative regulation of the People’s Republic of China, it shall be handled in accordance with the provisions of relevant law or administrative regulations.
The administration of foreign military vessels within the sea areas under the jurisdiction of the People’s Republic of China shall be governed by the relevant laws.
Article 121 If any international treaty concluded or acceded to by the People’s Republic of China contains provisions differing from those of this Law, the provisions of the international treaty shall apply, except, however, for those on which the People’s Republic of China has declared reservations.
Article 122 This Law shall go into effect as of September 1, 2021.
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