CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II INSPECTION AND REGISTRATION OF VESSELS
CHAPTER III PERSONNEL ON VESSELS AND INSTALLATIONS
CHAPTER IV NAVIGATION, BERTHING AND OPERATIONS
CHAPTER V SAFETY PROTECTION
CHAPTER VI TRANSPORT OF DANGEROUS GOODS
CHAPTER VII RESCUE FROM DISASTERS AT SEA
CHAPTER VIII SALVAGE AND REMOVAL OF SUNKEN AND DRIFTING OBJECTS
CHAPTER IX INVESTIGATION AND HANDLING OF TRAFFIC ACCIDENTS
CHAPTER X LEGAL LIABILITY
CHAPTER XI SPECIAL PROVISIONS
CHAPTER XII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated in order to strengthen the control of maritime traffic; ensure the safety of vessels, installations, Article 2. This Law shall apply to all vessels, installations and personnel and to the owners and managers of such vessels Article 3. The harbour superintendency agencies of the People’s Republic of China shall be the competent authorities responsible
CHAPTER II INSPECTION AND REGISTRATION OF VESSELS Article 4. Vessels and their major equipment relating to navigation safety must have valid technical certificates issued by vessel Article 5. A vessel must have a certificate showing its nationality, a vessel registry certificate or a vessel licence.
CHAPTER III PERSONNEL ON VESSELS AND INSTALLATIONS Article 6. Vessels shall be manned with qualified crew members according to a standard quota to ensure the vessels’ safety. Article 7. The captain, chief engineer, pilot, engineers, radio and telephone operators and similar personnel on board seaplanes All other crew members must undergo specialized technical training required for their work. Article 8. In accordance with state provisions, all installations shall be provided with personnel who have mastered the techniques Article 9. All personnel on vessels and installations must observe relevant rules and regulations concerning maritime traffic safety,
CHAPTER IV NAVIGATION, BERTHING AND OPERATIONS Article 10. While navigating, berthing or carrying out operations, vessels and installations must abide by the relevant laws, Article 11. Non-military vessels of foreign nationality may not enter the internal waters and harbours of the People’s Republic of Military vessels of foreign nationality may not enter the territorial waters of the People’s Republic of Article 12. Vessels sailing on international routes that enter and leave the harbours of the People’s Republic of China must accept Article 13. Vessels of foreign nationality entering and leaving a harbour of the People’s Republic of China, navigating or shifting Article 14. When entering or leaving harbours or passing through controlled traffic areas, crowded navigable areas or areas Article 15. Vessels shall be prohibited from entering or passing through restricted navigation zones unless specially permitted Article 16. Towing operations on the open sea involving large-sized installations and mobile platforms must undergo towing inspection Article 17. If the competent authority finds the actual condition of a vessel to be not in conformity with what is stated Article 18. If the competent authority believes that a vessel presents a menace to the safety of a harbour, it shall have the right to Article 19. The competent authority shall have the right to forbid a vessel or an installation from leaving the harbour or order it (1) if it violates any law, administrative statute or other rule or regulation of the People’s Republic of China; (2) if it is in a condition unsuitable for navigation or towing; (3) if it is involved in a traffic accident and has not completed the necessary formalities; (4) if it has not paid the fees that are due or furnished appropriate security to the competent authority or (5) if the competent authority considers that there are other circumstances that will jeopardize or might jeopardize
CHAPTER V SAFETY PROTECTION Article 20. Construction operations to be carried out on the surface or underwater in coastal waters and the demarcation of corresponding When shore lines are to be used in harbour areas or when construction work, including overhead operations, is to be carried Article 21. The designation of restricted navigation zones in coastal waters must be approved by the State Council or the competent The restricted navigation zones shall be announced by the competent authority. Article 22. Without the approval of the competent authority, no installations may be established or constructed, nor With respect to any installations which have been established or constructed in the above-mentioned Article 23. It shall be forbidden to damage navigation aids or navigational facilities. Whoever has damaged navigation Article 24. Vessels and installations shall promptly make a report to the competent authority if they discover any of the following situations: (1) if navigation aids or navigational facilities malfunction or become abnormal; (2) if an obstacle or drifting object jeopardizing the safety of navigation is discovered; or (3) if there are other abnormal situations jeopardizing the safety of navigation. Article 25. No obstacle affecting the efficacy of navigation aids may be erected or installed in areas surrounding the aids. Any lights Article 26. When removing or dismantling installations, salvaging or removing sunken ships or objects, and handling the finishing Article 27. Safety administration must be strengthened with respect to harbour wharves, mooring points and loading spots outside of Article 28. To meet the requirements of maritime traffic safety, the competent authority shall fix and adjust traffic control areas Article 29. The competent authority shall, in accordance with relevant provisions of the state, be responsible for issuing navigational Article 30. In order to ensure the safety of navigation, berthing and operations, the departments concerned shall maintain Article 31. When vessels and installations are involved in accidents that jeopardize or may jeopardize traffic safety, the competent
CHAPTER VI TRANSPORT OF DANGEROUS GOODS Article 32. When vessels or installations store, load, unload or transport dangerous goods, they must maintain safe and reliable Article 33. When vessels load and transport dangerous goods, they must go through the procedures for declaration to the competent authority,
CHAPTER VII RESCUE FROM DISASTERS AT SEA Article 34. When vessels, installations or aircraft are in distress, they shall, in addition to issuing distress signals calling Article 35. Vessels, installations or aircraft in distress and their owners or managers shall take all effective measures to Article 36. When vessels or installations in the vicinity of the scene of an accident receive a distress signal or discover that Article 37. Vessels or installations involved in a collision shall exchange their names, nationalities and ports of registry and do Article 38. Upon receiving a request for rescue, the competent authority shall immediately organize a rescue operation. Article 39. When a foreign country intends to dispatch vessels or aircraft into the territorial waters or the airspace over the
CHAPTER VIII SALVAGE AND REMOVAL OF SUNKEN AND DRIFTING OBJECTS Article 40. With respect to sunken or drifting objects that may affect the safety of navigation and the management of navigation lanes, as The provisions of this Article shall not prejudice the rights of the owners or managers of the sunken or drifting objects Article 41. No sunken vessels or sunken objects in the coastal waters may be salvaged or dismantled without the approval of the
CHAPTER IX SPECIAL PROVISIONS Article 42. Any vessel or installation involved in a traffic accident shall submit a written accident report and relative materials While being investigated by the competent authority, the parties involved in the accident and relevant personnel Article 43. In the event of a traffic accident that involves a vessel or installation, the competent authority shall ascertain the cause
CHAPTER X LEGAL LIABILITY Article 44. The competent authority shall, in the light of the circumstances, impose one or more of the following penalties on (1) warnings; (2) withholding or revoking work certificates; or (3) fines. Article 45. If a party does not accept the penalty of a fine or revocation of his work certificate imposed by the competent authority, Article 46. A civil dispute arising from a maritime traffic accident may be settled through mediation by the competent authority. If Article 47. Those whose violation of this Law constitutes a crime shall be investigated for their criminal responsibility by
CHAPTER XI SPECIAL PROVISIONS Article 48. Within the waters of fishing harbours, the state fisheries administration and fishing harbour superintendency agencies shall Article 49. The internal administration of offshore military jurisdictional areas and military vessels and installations;
CHAPTER XII SUPPLEMENTARY PROVISIONS Article 50. For the purpose of this Law, the definitions of the following terms are: ” Coastal waters ” means the harbours, inland waters, territorial waters and all other sea areas under the jurisdiction ” Vessels ” means all types of displacement or non-displacement ships, rafts, seaplanes, submersibles and mobile platforms. ” Installations ” means all types of surface and underwater structures or installations, whether fixed or floating, ” Operations ” means investigations, exploration, exploitation, survey, construction, dredging, demolition, rescue, Article 51. The competent department of the State Council shall, on the basis of this Law, formulate rules for its implementation which Article 52. In cases of conflict between laws and regulations pertaining to maritime traffic safety hitherto promulgated Article 53. This Law shall go into effect on January 1, 1984.
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