Maritime traffic safety work adheres to the principles of safety first, prevention first, convenient passage and management according to law to ensure safe, orderly and smooth maritime traffic. Article 4 The competent department of communications of the State Council shall be in charge of maritime traffic safety throughout the country.
The national maritime administrative agency is responsible for the supervision and management of maritime traffic safety in a unified way, while other maritime administrative agencies at all levels are specifically responsible for the supervision and management of maritime traffic safety within their respective jurisdictions according to their duties. Article 5 People's governments at all levels and relevant departments shall support maritime traffic safety work, strengthen publicity and education on maritime traffic safety, and raise the awareness of maritime traffic safety of the whole society. Article 6 The State protects the labor safety and occupational health of seafarers according to law and safeguards their legitimate rights and interests. Article 7 Units and individuals engaged in navigation, berthing, operation and other activities related to maritime traffic of ships and offshore facilities shall abide by laws, administrative regulations, rules, mandatory standards and technical specifications related to maritime traffic safety; Enjoy the rights of maritime safety and salvage according to law, and undertake the obligations of maintaining maritime traffic safety and protecting marine ecological environment. Article 8 The State encourages and supports the application of advanced science and technology in maritime traffic safety, promotes the modernization of maritime traffic safety and improves the scientific and technological level of maritime traffic safety. Chapter II Ships, Offshore Installations and Crew Article 9 Ships, offshore installations and shipping containers registered in China, as well as important marine equipment, components and materials related to maritime traffic safety as determined by the national maritime administrative agency, shall meet the requirements of relevant laws, administrative regulations, rules, mandatory standards and technical specifications, pass the inspection by the ship inspection agency, and obtain corresponding certificates and documents. The list of certificates and documents shall be formulated and published by the national maritime administrative agency.
The establishment of a ship inspection agency shall be approved by the state maritime administrative agency. The establishment conditions, procedures and management of ship inspection agencies shall be implemented in accordance with the provisions of laws and administrative regulations on ship inspection.
Units holding relevant certificates and certificates shall use ships, offshore facilities, shipping containers and important marine equipment, components and materials in accordance with the prescribed purposes, and conduct regular safety and technical inspections according to law. Article 10 A ship shall, in accordance with the provisions of laws and administrative regulations on ship registration, apply to the maritime administrative agency for registration of the nationality of the ship and obtain a nationality certificate before sailing, berthing or operating in National Flag of the People's Republic of China.
If a China-registered ship is lost or scrapped, the owner of the ship shall apply for cancellation of nationality registration within the time limit prescribed by the transportation department of the State Council; If the shipowner fails to apply for cancellation of the nationality registration within the time limit, the maritime administrative agency may issue a notice of compulsory cancellation of the nationality registration of the ship. If the owner of the ship does not raise any objection within 60 days from the date of announcement, the maritime administrative agency may cancel the nationality registration of the ship. Eleventh China ship owners, operators or managers shall establish and operate a management system for safe operation and prevention of ship pollution.
If the maritime administrative agency has passed the audit of the management system specified in the preceding paragraph, it shall issue a certificate of compliance and a corresponding certificate of ship safety management. Article 12 The owners, operators or managers of China-registered ships sailing internationally shall establish a ship security system, formulate a ship security plan, equip the ship security equipment according to the ship security plan, and conduct regular drills. Thirteenth China crew members and staff on offshore facilities shall receive professional education and training in maritime traffic safety and corresponding posts.
China seamen shall, in accordance with the provisions of laws and administrative regulations on seamen management, apply to the maritime administrative agency for a seaman's competency certificate and obtain a health certificate.
Foreign crew members working on ships of China nationality shall be subject to the provisions of laws and administrative regulations on crew management.
The crew working on the ship shall conform to the scope, navigation area and position of the ship specified in the certificate of competency of the crew. Article 14 The owner, operator or manager of a ship registered in China shall apply to the maritime administrative agency for obtaining the maritime labor service certificate of its ships sailing internationally. A ship that has obtained a maritime labor service certificate shall meet the following conditions:
(a) the owner, operator or manager employs crew members according to law, and signs a labor contract or employment agreement with them to equip them with qualified crew members;
(2) The owner, operator or manager of the ship shall ensure that the working environment, occupational health protection and safety protection, working rest time, wages and remuneration, living conditions, medical conditions and social insurance of the crew on board meet the relevant provisions of the state;
(3) The owner, operator or manager has established a crew complaint and handling mechanism that meets the requirements;
(4) The owner, operator or manager of the ship has provided corresponding financial guarantee or taken out corresponding insurance for the repatriation expenses of the crew and the expenses that should be paid according to law in case of injury or death during the employment of the ship.
The maritime administrative agency, in consultation with the administrative departments of human resources and social security, shall, in accordance with their respective duties, examine whether the applicant and his ship meet the conditions specified in the preceding paragraph. Upon examination, the maritime administrative agency shall issue a maritime labor certificate within ten working days from the date of accepting the application; If it does not meet the requirements, the maritime administrative agency shall inform the applicant and explain the reasons.
The specific measures for the issuance, supervision and inspection of maritime labor service certificates shall be formulated and promulgated by the competent department of transportation of the State Council in conjunction with the administrative department of human resources and social security of the State Council.