Maritime traffic safety work adhere to the principle of safety first, prevention first, facilitate access, management in accordance with the law, to ensure that maritime traffic is safe, orderly and smooth. Article 4 The competent department of transportation under the State Council shall be in charge of national maritime traffic safety.
The national maritime administration is responsible for the unified supervision and management of maritime traffic safety, other levels of maritime administration in accordance with the responsibilities of the jurisdiction of the maritime traffic safety supervision and management work. Article 5 The people's governments at all levels and the relevant departments shall support maritime traffic safety work, strengthen maritime traffic safety publicity and education, and enhance the awareness of the whole society of maritime traffic safety. Article 6 The state shall, in accordance with the law, protect the labor safety and occupational health of the crew, and safeguard the legitimate rights and interests of the crew. Article 7 engaged in ships, offshore facilities, navigation, berthing, operations and other activities related to maritime traffic units, individuals shall comply with the laws, administrative regulations, rules and mandatory standards and technical specifications related to maritime traffic safety; in accordance with the law to enjoy the right to obtain navigation security and rescue at sea, and bear the obligation to maintain the safety of maritime traffic and the protection of the 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, marine facilities and crew Article 9 Chinese ships, marine facilities set up in the waters under the jurisdiction of the People's Republic of China, shipping containers, as well as the state maritime administration agencies to determine the relationship between the safety of maritime traffic and the important ship equipment, components and materials, should be consistent with the relevant laws, administrative rules and regulations, as well as mandatory standards and technical specifications of the requirements of the ship inspection agency inspection, and obtain appropriate certificates and documents. Obtain the appropriate certificates and instruments. Certificates, instruments of the list developed by the state maritime administration and published.
The establishment of ship inspection agency shall be licensed by the state maritime administration. Ship inspection agency set up conditions, procedures and their management in accordance with relevant laws and administrative regulations of ship inspection.
Holding the relevant certificates, instruments of the unit shall be used in accordance with the provisions of the use of ships, marine facilities, shipping containers, and important marine equipment, components and materials, and shall be regularly conducted in accordance with the law, safety and technical inspection. Article X ships in accordance with the laws and administrative regulations on ship registration to the maritime administration to apply for registration of nationality of ships, nationality certificates, before flying the flag of the Chinese People's Republic of China **** and the national flag sailing, berthing, operation.
Chinese ships lost or scrapped, the shipowner shall apply for cancellation of nationality registration within the period prescribed by the competent department of transportation under the State Council; shipowners do not apply for cancellation of nationality registration, the maritime administration can be issued on the proposed mandatory cancellation of the ship's nationality registration notice. If the owner of the ship does not raise any objection within sixty days from the date of the announcement, the maritime administration agency may cancel the nationality registration of the ship. Article 11 Chinese ship owners, operators or managers shall establish and operate safe operation and prevention of ship pollution management system.
Maritime administration of the preceding paragraph of the management system audit qualified, issued by the certificate of compliance and the corresponding ship safety management certificate. Article XII of the Chinese nationality of the owner, operator or manager of international voyages shall, in accordance with the provisions of the State Council department in charge of transportation to establish a ship security system, develop a ship security plan, and in accordance with the ship security plan is equipped with ship security equipment, and regularly carry out drills. Article 13 Chinese crew members and staff on offshore installations shall be subject to maritime traffic safety and the corresponding positions of professional education and training.
Chinese seafarers shall, in accordance with the provisions of the laws and administrative regulations relating to the management of seafarers, apply to the maritime administration to obtain a certificate of competency of seafarers, and obtain a health certificate.
Foreign crew members working on Chinese ships shall be executed in accordance with the provisions of the laws and administrative regulations on crew management.
The crew members working on the ship shall conform to the scope of the ship, navigation area and duties as stated in the certificate of competency of the crew. Article 14 The owner, operator or manager of a Chinese ship shall apply to the maritime administration to obtain a maritime labor certificate for its international voyages. Ships to obtain a maritime labor certificate shall meet the following conditions:
(a) the owner, operator or manager in accordance with the law to recruit crew members, and sign labor contracts or employment agreements with them, and the ship is equipped with crew members to meet the requirements;
(b) the owner, operator or manager has to ensure that crew members of the ship's working environment, occupational health and safety protection, work and rest time, wages and remuneration, living conditions, the ship's working environment, occupational health and safety, work and rest time, wages and remuneration, and living conditions. rest time, wages and remuneration, living conditions, medical conditions, social insurance, etc. in line with the relevant state regulations;
(3) the owner, operator or manager has established a crew complaint and handling mechanism in line with the requirements;
(4) the owner, operator or manager has provided appropriate financial guarantees or insured the crew repatriation costs and costs that should be paid by law for the occurrence of injuries, illnesses or deaths during the period of employment on board the ship. Costs to provide appropriate financial guarantees or appropriate insurance.
Maritime administration business human resources and social security administration, in accordance with their respective responsibilities to the applicant and whether the ship meets the conditions set out in the preceding paragraph for review. The audit meets the prescribed conditions, the maritime administration shall accept the application within ten working days from the date of issuance of maritime labor certificates; does not meet the prescribed conditions, the maritime administration shall inform the applicant and explain the reasons.
Maritime labor certificates issued by the State Council transport department in conjunction with the State Council administrative department of human resources and social security to develop and publish specific measures.