Regulations of the people's Republic of China on Seafarers

(promulgated by order No. 494 of the State Council of the people's Republic of China on April 14, 2007, order No. 638 of the State Council on July 18, 2013 was revised for the first time, order No. 645 of the State Council on December 7, 2013 was revised for the second time, and order No. 653 of the State Council on July 29, 2014 was revised for the third time. According to order No. 676 of the State Council on March 1, 2017, the decision of the State Council on Amending and repealing some administrative regulations The fourth revision; The fifth amendment was approved by the State Council on March 2, 2019 and issued by order No. 709 of the State Council on March 18, 2019; Order No. 726 of the State Council on March 27, 2020 (the sixth revision of the decision of the State Council on Amending and repealing some administrative regulations)

catalogue

Chapter I General Provisions

Chapter II crew registration and qualification

Chapter III responsibilities of crew members

Chapter IV occupational security for seafarers

Chapter V crew training and crew services

Chapter VI Supervision and inspection

Chapter VII Legal Liability

Chapter VIII supplementary provisions

Chapter I General Provisions

Article 1 These Regulations are formulated in order to strengthen the management of crew members, improve the quality of crew members, safeguard the legitimate rights and interests of crew members, ensure the safety of water traffic, and protect the water environment.

Article 2 These Regulations shall apply to the registration, employment, training, occupational security and provision of crew services of crew members within the territory of the people's Republic of China.

Article 3 the competent department of transportation under the State Council shall be in charge of the management of seafarers throughout the country.

The state maritime administrative agency shall be responsible for the unified implementation of crew management in accordance with these regulations.

The maritime administrative agency in charge of managing the waters under the central jurisdiction and the local maritime administrative agency in charge of managing other waters (hereinafter referred to as the maritime administrative agency) shall be responsible for the management of crew members in accordance with their respective duties.

Chapter II crew registration and qualification

Article 4 the term "crew" as mentioned in these Regulations refers to the personnel who have obtained the competency certificate of crew in accordance with the provisions of these regulations, including the master, officers and ratings.

The term "master" as mentioned in these Regulations refers to the personnel who have obtained the qualification of master in accordance with the provisions of these regulations and are responsible for the management and command of ships.

The officers mentioned in these Regulations refer to the first mate, second mate, third mate, chief engineer, first engineer, second engineer, third engineer, communication personnel and other senior technical or management personnel who have obtained the corresponding qualifications in accordance with the provisions of these regulations.

The term "ordinary crew" as mentioned in these Regulations refers to crew members other than the master and officers.

Article 5 crew members shall obtain corresponding certificates of competency in accordance with the provisions of these regulations.

To apply for the competency certificate of crew, the following conditions shall be met:

（1） At least 18 years old (interns and trainees on board are at least 16 years old) and the initial application is not more than 60 years old;

（2） Meet the health requirements of the crew;

（3） Basic safety training for crew members.

The crew members participating in navigation and engine watch shall also undergo corresponding crew competency training and special training, have corresponding crew qualifications, and have good performance and safety records.

Crew members of international ships who apply for competency certificates shall also pass the professional foreign language examination for crew members.

Article 6 to apply for the competency certificate of crew members, a written application may be submitted to any maritime administrative agency with the corresponding authority to issue the competency certificate of crew members, together with the supporting materials that the applicant meets the conditions specified in Article 5 of these regulations. For those who meet the prescribed conditions and pass the seafarer employment examination organized by the national maritime administrative agency, the maritime administrative agency shall issue the corresponding seafarer competency certificate and seafarer service book.

Article 7 the competency certificate of a crew member shall indicate the navigation area (line) for which the crew member is qualified, the type and class of the ship, the position and the period of validity.

The validity period of the competency certificate of the crew members participating in navigation and engine watch shall not exceed 5 years.

The crew service book shall contain the name, residence, contact person, contact information, performance of duties and other relevant matters of the crew.

If the items recorded in the crew service book are changed, the crew members shall go through the change procedures with the maritime administrative agency.

Article 8 the captain of a ship of Chinese nationality shall be a Chinese crew member.

Article 9 in case of force majeure or other special circumstances abroad, a Chinese ship cannot meet the minimum requirements for safe manning of the ship, and it is necessary for the crew of the next lower class of the ship to temporarily hold the post of the next higher class, it shall apply to the maritime administrative agency. The maritime administrative agency shall issue corresponding supporting documents according to the qualifications, performance and safety records of the crew members who intend to hold the post of crew member at the next higher level.

Article 10 if a person who has worked on a military ship or a fishing ship, or a crew member who holds a crew competency certificate from other countries or regions, applies for a crew Competency Certificate in accordance with the provisions of these regulations, the maritime administrative agency may exempt the corresponding contents of the crew training and examination. The specific measures shall be formulated separately by the competent department of transportation under the State Council.

Article 11 Chinese seafarers who enter or leave the country as seafarers and work on foreign ships shall apply for a seaman's certificate of the people's Republic of China from the maritime administrative agency designated by the state maritime administrative agency.

To apply for a seaman's certificate of the people's Republic of China, the following conditions shall be met:

（1） Is a citizen of the people's Republic of China;

（2） Hold the competency certificate of crew members of ships on international voyages or have certain crew members' exit tasks;

（3） There are no circumstances prohibited from leaving the country by laws and administrative regulations.

Article 12 the maritime administrative agency shall make a decision of approval or disapproval within 7 days from the date of accepting the application. If approved, a seaman's certificate of the people's Republic of China shall be issued; If the application is not approved, the applicant shall be notified in writing and the reasons shall be explained.

Article 13 the seaman's certificate of the people's Republic of China is a document indicating the citizenship of the people's Republic of China of Chinese seamen when they perform missions abroad. If the seaman's certificate of the people's Republic of China is lost, stolen or damaged, it shall apply to the maritime administrative agency for reissue. If the crew members are abroad, they shall apply to the embassies and consulates of the people's Republic of China stationed abroad for reissue.

The period of validity of the seaman's certificate of the people's Republic of China shall not exceed 5 years.

Article 14 seamen holding Seamen's certificates of the people's Republic of China shall enjoy the rights and convenience of passage in other countries and regions in accordance with local laws, relevant international treaties and the maritime transport or shipping agreements signed between the people's Republic of China and relevant countries.

Article 15 foreign seafarers working on Chinese ships shall obtain employment permits in accordance with laws, administrative regulations and other relevant provisions of the state, and hold the corresponding certificates prescribed by the competent department of transportation under the State Council and the relevant identity documents issued by the government of their country of origin.

Foreign crew members serving on foreign ships sailing, berthing or operating in the waters under the jurisdiction of the people's Republic of China shall hold the corresponding certificates stipulated in the international treaties concluded or acceded to by the people's Republic of China and the relevant identity documents issued by the government of the country to which they belong.

Chapter III responsibilities of crew members

Article 16 crew members shall meet the following requirements during their work on board:

（1） Carry valid certificates stipulated in these regulations;

（2） Master the seaworthiness of the ship and the navigation support of the route, as well as the necessary information about the weather and sea conditions in the navigation area;

（3） Abide by the management system and duty regulations of the ship, operate, control and manage the ship in accordance with the operating rules for water traffic safety and the prevention and control of ship pollution, truthfully fill in the relevant legal documents of the ship, and shall not hide, tamper with or destroy the relevant legal certificates and documents of the ship;

（4） Participate in ship emergency training and drill, and implement various emergency preventive measures according to the requirements of ship emergency deployment;

（5） Abide by the ship reporting system, and report in time when dangerous situations, accidents, security incidents or situations affecting the safety of navigation are found or occur;

（6） Try to rescue the people in distress without seriously endangering their own safety;

（7） It is not allowed to use ships to carry passengers and goods privately, and it is not allowed to carry prohibited articles.

Article 17 all personnel on board the ship must execute the orders issued by the master within the scope of his functions and powers.

The officers shall organize the subordinate crew members to execute the captain's order and urge the subordinate crew members to perform their duties.

Article 18 when managing and commanding a ship, the master shall meet the following requirements:

（1） Ensure that ships and crew members carry certificates, documents and relevant navigation materials that meet legal requirements;

（2） Formulate the ship emergency plan and ensure its effective implementation;

（3） Ensure that the ship and its crew are seaworthy and competent at the time of sailing, ensure the minimum safe manning of the ship in accordance with the regulations, and ensure the normal duty of the ship;

（4） Implement the instructions of the maritime administrative agency on water traffic safety and the prevention and control of ship pollution. If a ship has a water traffic accident or pollution accident, it shall submit an accident report to the maritime administrative agency;

（5） Carry out daily training and assessment for the crew of the ship, and truthfully record the performance of the crew in the crew service book of the crew of the ship;

（6） When a ship enters, leaves, berths, leaves, passes through traffic intensive areas, dangerous navigation areas and other areas, or encounters bad weather and sea conditions, or when a water traffic accident, ship pollution accident, ship security incident and other emergencies occur, it shall be on duty at the bridge and direct the ship when necessary;

（7） Ensure the safety of personnel on board and temporary personnel on board;

（8） When an accident occurs on a ship, endangering the safety of persons and property on board, the crew and other personnel on board shall be organized to do their best to rescue;

（9） When abandoning the ship, all measures should be taken, first organize passengers to leave the ship safely, then arrange crew members to leave the ship, and the master should leave the ship finally. Before leaving the ship, the master should command the crew members to try their best to rescue the log book, engine room log book, oil log book, radio station log book, charts and documents used in this voyage, as well as valuables, mail and cash.

Article 19 the master and officers shall not resign, resign or suspend their duties without authorization during the voyage.

Article 20 the master shall have independent decision-making power and bear ultimate responsibility in ensuring the safety of persons and property on the water, ship security, and the prevention and control of ship pollution of water areas.

In order to perform his duties, the master may exercise the following powers:

（1） Decide on the voyage plan of the ship, and may refuse to start or continue the voyage if it does not meet the conditions for safe navigation of the ship;

（2） Illegal orders issued to crew employing units or ship owners, or orders that may endanger the safety of relevant personnel, property and ships, or may cause water environmental pollution, may be refused to be implemented;

（3） If it is found that the pilot's operation instructions may pose a threat to the safety of ship navigation or may cause pollution to the water environment, it shall be corrected and stopped in time, and if necessary, it may require the replacement of the pilot;

（4） When the ship is in danger and seriously endangers the life and safety of the personnel on board, the captain may decide to evacuate the ship;

（5） When the sinking or destruction of the ship is unavoidable, the master may decide to abandon the ship, but except in an emergency, it shall be reported to the owner of the ship for consent;

（6） Incompetent crew members may be ordered to leave their posts.

When a ship is sailing on the sea, the master may, in accordance with the provisions of the law, confine or take other necessary measures against those who commit illegal or criminal activities on board the ship in order to ensure the safety of the persons on board and the ship.

Chapter IV occupational security for seafarers

Article 21 crew employing units and crew members shall participate in work-related injury insurance, medical insurance, endowment insurance, unemployment insurance and other social insurance in accordance with the relevant provisions of the state, and pay all insurance premiums in full and on time according to law.

The crew employing unit shall provide special personal and health insurance and provide corresponding protective measures for the crew members who work on ships bound for or passing through war zones, epidemic areas or ships transporting toxic and harmful substances.

Article 22 the living and working places of crew members on a ship shall meet the requirements of the national ship inspection code on the living environment, work safety and protection of crew members.

The employing unit of crew members shall provide necessary daily necessities, protective articles and medical supplies for crew members, establish health records for crew members, and conduct regular health examinations for crew members to prevent and treat occupational diseases.

If a crew member falls ill or is injured while working on the ship, the crew employing unit shall give timely treatment; If a crew member is missing or dead, the crew employing unit shall do a good job in dealing with the aftermath in a timely manner.

Article 23 The employing unit of crew members shall conclude labor contracts with crew members in accordance with the laws and regulations on labor contracts and the provisions of the international treaties on crew members' labor and social security concluded or acceded to by the people's Republic of China.

The crew employing unit shall not recruit personnel who have not obtained the certificates prescribed in these regulations to work on board.

Article 24 the crew trade union organization shall strengthen the protection of the lawful rights and interests of crew members, guide and help crew members to conclude labor contracts with crew employing units.

Article 25 The employing unit of crew members shall pay reasonable wages to the crew members according to the risk, hardship, mobility and other factors of their careers, and pay them in full and on time. No unit or individual may withhold the wages of crew members.

The crew employing unit shall pay the crew to be dispatched within the validity of the labor contract a minimum wage not lower than the minimum wage announced by the people's Government of the place where the crew employing unit is located.

Article 26 crew members shall meet the standards set by the competent department of transportation under the State Council during their working hours on board, and shall not be tired on duty.

In addition to the national statutory holidays, crew members also enjoy annual leave of not less than 5 days for every 2 months of work on the ship.

The crew employing unit shall pay a crew member a remuneration not less than the average salary of the crew member during his annual leave.

Article 27 A crew member may request repatriation in any of the following circumstances during his work on board:

（1） The labor contract of the crew member is terminated or terminated according to law;

（2） Crew members do not have the ability to perform their duties on board;

（3） The ship is lost;

（4） Ships sailing to war zones or epidemic areas without the consent of the crew;

（5） Due to bankruptcy, sale of the ship, change of ship registration or other reasons, the crew employing unit or ship owner is unable to continue to perform its statutory or agreed obligations to the crew.

Article 28 crew members may choose the repatriation place from the following places:

（1） The place where the crew members are recruited or the place where they are employed on board;

（2） The place of residence, registered residence or the country of registry of the crew member;

（3） The place agreed by the crew member and the crew employing unit or the ship owner.

Article 29 the repatriation expenses of crew members shall be paid by the crew employing unit. The repatriation cost includes the cost of the crew's transportation, reasonable accommodation and medical expenses during the journey, and the transportation cost of 30kg luggage.

Article 30 if the crew's right to repatriation is infringed, the civil affairs department where the crew is located at that time or the consulate of the people's Republic of China stationed abroad shall provide assistance to the crew; If necessary, the crew can be repatriated directly. The employing unit of crew members shall timely return the expenses advanced by the civil affairs department or the consular institution of the people's Republic of China stationed abroad for the repatriation of crew members.