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Ministry of Communications
Order of the Ministry of Communications
No.1 [2006]
The Provisions of the People’s Republic of China on the Conditions for Maritime Administrative Licensing, which were adopted at the
29th ministerial meeting on December 15, 2005, are hereby promulgated, and shall come into force as of April 1, 2006.
Li Shenglin, Minister of the Ministry of Communications
January 9, 2006
Provisions of the People’s Republic of China on the Conditions for Maritime Administrative License
Chapter I General Provisions
Article 1
The present Provisions are formulated in accordance with the Administrative License Law of the People’s Republic of China and the
relevant maritime administration laws, administrative regulations, as well as the relevant international maritime conventions concluded
or joined in by the People’s Republic of China, for the purpose of implementing maritime administrative license according to law
and maintaining the lawful rights and interests of each party of the maritime administrative license .
Article 2
The maritime administrative license conditions relied for applying examining and determining the maritime administrative license
shall be in accordance with the present Provisions. . The maritime administrative license as mentioned in the present Provisions
shall refer to the administrative license established on the relevant water traffic safety, pollution prevention, and other maritime
administration laws and administrative regulations, or on the decision of the State Council, implemented by the maritime administrative
organs or by the Ministry of Communications, and handled specifically by the maritime administrative organs.
Article 3
No maritime administrative organ may increase, decrease, or alter the conditions for maritime administrative licensing without permission
when examining and determining maritime administrative license. No decision on granting maritime administrative license may be made
to those not complying with the corresponding conditions prescribed in the present Provisions.
Article 4
The conditions for maritime administrative licensing shall be publicized in accordance with the Provisions on the Implementing Procedures
for Communications Administrative License. If any applicant requests to make explanations on the conditions for maritime administrative
licensing, the maritime administrative organ shall give explanations.
Article 5
The maritime administrative organ of the state shall, according to the conditions for maritime administrative licensing, clarify uniformly
the materials that shall be submitted by the applicants. The relevant maritime administrative organs shall publicize the catalogues
of the materials.
When an applicant applies for maritime administrative license, it shall submit an application letter and the relevant materials as
prescribed , and shall be responsible for the truthfulness and efficiency of the materials submitted.
When an applicant applies for altering any maritime administrative license or extending the time limit for maritime administrative
license, if there is no change on general circumstance in the materials submitted, he may only submit the relevant materials concerning
the matter or items that is altered;, it may no longer submit whole materials.
Chapter II The Conditions for Maritime Administrative Licensing
Section One Navigation Administration
Article 6
The conditions for licensing on the safety use of shorelines of navigable waters shall be:
1.
The feasibility study on the engineering, operations, and activities concerning the use of shorelines has been completed;
2.
The shorelines has been complied with the technical specifications and requirements for water traffic safety after technical evaluation
on the safety use of shorelines; and
3.
Measures that may sufficiently eliminate the factors influencing water traffic safety have been formulated.
Article 7
The conditions for licensing of construction operations on the surface or the underwater of the navigable waters shall be:
1.
Other relevant formalities for the construction operations have been gone through according to law;
2.
The entities, personnel, ships, and facilities of the construction operations have been complied with the requirements for safety
navigating, berthing and operating
3.
The scheme for construction operations or activities has been formulated, including the time for starting and ending the construction
operations or activities, place and scope, as well as the arrangement for the progress of work, and etc.;
4.
Those construction operations that will have great impact on the safety and pollution prevention have been passed the technical evaluation
on navigation safety and environmental impact; and
5.
The responsibility system of safety and pollution prevention has been set up, and the safeguard measures and corresponding emergency
preliminary plans that comply with the requirements for water traffic safety and pollution prevention have been formulated.
Article 8
The conditions for licensing on carrying out digging, blasting, and other activities within the water area of a port shall be:
1.
The approval of the competent department for port has been obtained;
2.
The license on blasting operations has been obtained in accordance with the state provisions;
3.
The entities of operation, personnel, and facilities thereof have been complied with the requirements for safety operation;
4.
The scheme for digging and blasting operations has been formulated, including the time for starting and ending the operations, place
and scope, as well as the arrangements for the progress of work, and etc.; and
5.
The responsibility system on safety and pollution prevention has been established, and the guaranteed measures and corresponding
emergency preliminary plans that comply with the requirements for water traffic safety and pollution prevention have been formulated.
Article 9
The conditions for the examination and approval on salvage operation for sinking ships and sinking objects within navigable waters
shall be:
1.
The entities and personnel participating in the salvage shall have corresponded abilities.
2.
The agreement on salvage for sinking ships and sinking objects has been concluded according to law;
3.
The ships and facilities undertaking the salvage operation have been complied with the requirements for safety navigating , berthing
and operating ;
4.
The plan and scheme for salvage operation have been formulated, including the time for starting and ending the salvage, place and
scope, and the arrangements for the progress of work, and etc.;
5.
Those operations that have great impact on safety and pollution prevention have passed technical assessment on navigable safety and
environmental impact; and
6.
The responsibility system on safety and pollution prevention has been established, and the safeguard measures and corresponding emergency
preliminary plans that comply with the requirements for water traffic safety and pollution prevention have been formulated.
Article 10
The conditions for the examination and approval on lining out the restricted navigation zones, the navigation channels (routes),
the traffic control areas, the anchorage grounds, and the safety operation area in navigable waters shall be:
1.
There are clear facts and necessary reasons for the demand of the zoned water area;
2.
The lining out activity shall comply with the protection requirements of military or major civilian targets nearby;
3.
Those areas lined out that have great influence on water traffic safety and pollution prevention have passed technical evaluation
on navigation safety and environmental influence;
4.
Survey or measurement has been conducted on the water areas that are used for setting up navigation channels (routes) and anchorage
grounds, and the bottom characteristics, hydrogeology, meteorology, and other elements of the water areas have satisfied the requirements
for navigation safety; and
5.
The areas of lined out have complied with the requirements for water traffic safety and pollution prevention, and the safeguard
measures and pollution prevention measures have been formulated.
Article 11
The conditions for licensing a ship to enter into or cross restricted navigation zones shall be:
1.
There are clear facts and necessary reasons for entering into or crossing the restricted navigation zones due to life safety of human
being, pollution prevention, security, and other special needs;
2.
The conditions on safety and pollution prevention in the restricted navigation zones are fit for the ship’s entering or crossing;
3.
The ship satisfies the special requirements for water traffic safety and pollution prevention of the restricted navigation zones and
has formulated the measures for ensuring the safety, pollution prevention and control, and protection of restricted navigation zones
and emergency preparedness plan; and
4.
In case the ship enters into or crosses restricted military navigation zones, it shall have been approved by the competent military
department.
Article 12
The conditions for licensing of large facilities tugged on water and movable platforms shall be:
1.
There is real demand for tugging and necessary reasons;
2.
The tugboat is employable for navigation and tugging, and the seafarers are qualified;
3.
The towing operations on the sea have passed towage inspection, and have passed the corresponding safety technical evaluation when
towing objects of overweight, over-length, over-height, over-width, or semi-submersible objects in inland water;
4.
The towing plan and towing scheme have been formulated, and there are clear estimated time and place for starting and ending the towing
and the water areas for navigating through; and
5.
The requirements for water traffic safety and pollution prevention have been satisfied, and the corresponding guaranteed measures
and emergency preliminary plans have been formulated.
Article 13
The conditions for the examination and approval of a foreign ship or airplane that enters into China to undertake maritime search
and rescue shall be:
1.
The entry is for the purpose of searching and rescuing lives at sea;
2.
There is a clear search and rescue plan or scheme, including the time, place, scope, as well as the basic information on the ship
or airplane put in for search and rescue; and
3.
If the dispatched airplane or ship for search and rescue is for military use, it shall have been approved by the competent military
department.
Article 14
The conditions for the examination and approval of setup or dismantlement of coastal navigation marker by entities other than the
administration organs of navigation marker shall be:
1.
The navigation marker to be set up and dismantled shall be the special used navigation marker that be set up by any citizen, legal
person, or other organization himself/itself;
2.
The setup and dismantlement of any navigation marker shall comply with such requirements for the safety, economy, and convenience
of navigation;
3.
The navigation marker and the distribution thereof shall comply with the relevant technical specifications and standards of the state;
4.
The scheme for the design and construction of navigation marker has been subject to special technical evaluation or specialist argumentation
;
5.
In case of applying for setting up navigation marker, a scheme for maintenance of navigation marker has been formulated, and the maintenance
entity in the scheme has set up quality assurance system for the maintenance of navigations marker; and
6.
In case of applying for setting up navigation marker, the type of navigation marker to be set up falls within the type of navigation
marker having been publicized, and has passed technical and economic argumentation .
The setup of navigation marker as mentioned in the present Article shall include newly setup of navigation marker, change of positions,
and alteration of other status.
Section Two Administration on Ships
Article 15
The conditions for licensing a foreign ship to enter into the water area that is not open to the outside shall be:
1.
The foreign ship has been approved by the local port inspection organ, competent military department, and local people’s government
to enter into the water area temporarily that is not open to the outside;
2.
The water area to be opened temporarily to the outside is fit for the entering of a foreign ship, and has the safety, pollution prevention,
and security conditions for the navigation, berth, and operation of ships;
3.
The ship status meets the requirements for water traffic safety, pollution prevention, and security for the water area to be entered
into; and
4.
The ship has formulated the measures for ensuring water traffic safety, pollution prevention, and security, and emergency preliminary
plan thereof.
Article 16
The conditions for licensing a ship to enter and leave a port shall be:
The conditions for the examination and approval of an international voyaging ship to enter a port shall be:
1.
The ship has complete and effective certificates, documents, and materials;
2.
The manning of the ship complies with the requirements for minimum safe manning, and the seafarers have the competency qualification;
3.
The ship status satisfies the safety, pollution prevention, and security requirements for navigation, berth, and operation, and the
various safety, pollution prevention, and security measures and emergency preliminary plans have been formulated. If navigation
guidance or protection is needed, it shall have applied to the maritime administrative organ;
4.
The water area for the ship to enter or pass shall be the water area open to international voyaging ships, and the wharfs, berths,
and spots for loading and unloading outside the port shall satisfy the requirements for safety, pollution prevention, and security;
5.
The ship that carries goods shall comply with the requirements for safe stowage and fastening, and has no goods or article that is
prohibited from entering the territory by the state; and the ship that carries dangerous goods has gone through the declaration formalities
for carrying dangerous goods as required; and
6.
The nuclear-powered ships or other special ships shall comply with the relevant provisions of the laws, administrative regulations,
and rules of our country.
The conditions for the examination and approval of an international voyaging ship to leave a port shall be:
1.
The ship has complete and effective certificates, documents, and materials;
2.
The manning of the ship complies with the requirements for minimum safe manning, and the seafarers have the competency qualification;
3.
The ship status meets the safety, pollution prevention, and security requirements for navigation, berth, and operation, and the various
safety, pollution prevention, and security measures and emergency preliminary plans have been formulated. If navigation guidance
or protection is needed, it shall have applied to the maritime administrative organ;
4.
The certificate of readiness to load has been properly handled for the ship that carries dangerous goods, and the carriage conditions
comply with the requirements for safety, pollution prevention, and security management of a ship that carries dangerous goods;
5.
The safety inspection and defect correction on the ship conducted by the flag country or the port country of the ship shall comply
with the prescribed requirements, and effective measures have been taken in answer to the warning of the maritime administrative
organ;
6.
Taxes, fees, and other fees that shall be paid before setting sail have been paid according to law, or appropriate guaranty has been
rendered;
7.
The act in violation of maritime administration has been handled according to law;
8.
The mandatory judicial or administrative measures that prohibit the ship from navigating have been unchained according to law;
9.
The nuclear-powered ships or other special ships shall comply with the relevant provisions of the laws, administrative regulations,
and rules of our country; and
10.
It has been approved by other port inspection organs.
The conditions for domestic voyaging ships to enter a port and issue a visa shall be:
1.
The ship has complete and effective certificates, documents, and materials;
2.
The manning of the ship complies with the requirements for minimum safe manning, and the seafarers have the competency qualification;
3.
The ship status meets the safety, pollution prevention, and security requirements for navigation, berth, and operation, and the various
safety and pollution prevention measures and emergency preliminary plan have been formulated. If navigation guidance or protection
is needed, it shall have applied to the maritime administrative organ;
4.
The water areas for the ship to enter or pass and the wharfs and berths for the ship to anchor have satisfied the requirements for
safety and pollution prevention;
5.
The ship that carries goods complies with the requirements for safety stowage and fastening, and the ship that carries dangerous goods
has handled declaration formalities for the ship to carry dangerous goods; and
6.
The nuclear-powered ships or other special ships shall comply with the relevant provisions of the laws, administrative regulations,
and rules of our country.
The conditions for domestic voyaging ship to leave a port and issue a visa shall be:
1.
The ship has complete and effective certificates, documents, and materials;
2.
The manning of the ship complies with the requirements for minimum safe manning, and the seafarers have the competency qualification;
3.
The ship status satisfies the safety, pollution prevention, and security requirements for navigation, berth, and operation, and the
various safety and pollution prevention measures and emergency preliminary plans have been formulated. If navigation guidance or
protection is needed, it shall have applied to the maritime administrative organ;
4.
The certificate of readiness to load has been properly handled for the ship that carries dangerous goods, and the carriage conditions
has complied with the requirements for safety and pollution prevention of a ship that carries dangerous goods;
5.
The safety inspection and defect correction on the ship shall comply with the prescribed requirements, and effective measures have
been taken in answer to the warning of maritime administrative organ;
6.
Taxes, fees, and other fees that shall be paid before setting sail have been paid according to law, or appropriate guaranty has been
rendered;
7.
The act in violation of maritime administration has been handled according to law;
8.
The mandatory judicial or administrative measures that prohibit the ship from navigating have been unchained according to law; and
9.
The nuclear-powered ships or other special ships shall comply with the relevant provisions of the laws, administrative regulations,
and rules of our country.
Article 17
The conditions for issuing the certificate of nationality of a ship shall be:
The conditions for issuing the certificate of nationality of a ship shall be:
1.
The ship is lawfully owned, operatedor managed by a citizen, legal person, government, or other organization of the People’s Republic
of China, if the ship is owned by an enterprise legal person, the capital proportion of the Chinese party shall comply with the provisions
of the Regulation on Ship Registration;
2.
The ship has corresponding technical conditions for sea worthiness, and has passed the inspection of a ship inspection organ and eligible;
3.
The ship does not have the circumstance that may result in double nationality or two or more ports of registry;
4.
The ship has obtained the ship name verified by the maritime administrative organ;
5.
The ship has handled registration on the ownership according to law; and
6.
The registrant of the nationality of the ship is the ship owner.
The conditions for issuing a temporary certificate of nationality of a ship shall be:
1.
The ship that applies for the issuance of a temporary certificate of nationality falls within one of the following circumstances:
(1)
It is a ship sold abroad, or a new build-to-order ship by an overseas citizen, legal person, or other organization within the territory
of the People’s Republic of China, and is delivered overseas on CIF basis;
(2)
It is a ship purchased from overseas by a citizen, legal person, government, or other organization of the People’s Republic of China
or a build-to-order ship thereof, and is delivered overseas on FOB basis;
(3)
It is a ship registered overseas, which is chartered on bareboat conditions by a citizen, legal person, government, or other organization
of the People’s Republic of China; and
(4)
It is a newly built ship within China that needs the handling of temporary registration of nationality.
2.
The ship ownership has been obtained or an effective bareboat chartered contract has been concluded.
3.
The registrant of the nationality of the ship is the ship owner or the charterer that operates an overseas-registered ship in the
form of bareboat charter.
4.
The ship has corresponding technical conditions for sea worthiness, and has passed the inspection of a ship inspection organ and eligible.
5.
The ship does not have the circumstance which may result in double nationality or two or more ports of registry. And
6.
The ship has obtained the ship name verified by the maritime administrative organ.
Article 18
The conditions for issuing an international ship security certificate shall be:
The conditions for approving a ship security plan shall be:
1.
The ship has passed ship security evaluation;
2.
The ship security plan is compiled by a ship company or a prescribed security organization;
3.
The ship security plan complies with the corresponding compiling criterions and the ship security requirements; and
4.
The defects discovered in the ship security evaluation have been corrected or arranged in a proper way.
The conditions for obtaining an international ship security certificate shall be:
1.
The ship has effective certificate of nationality and Continuous Synopsis Record;
2.
The ship is marked with a permanent identification number as required, and is equipped with a ship security alert system that satisfies
the requirements of the 1974 International Convention for the Safety of Life at Sea as required;
3.
The ship has been equipped with qualified ship security officers;
4.
The ship has the approved Ship Security Plan; and
5.
The ship has passed security checking.
The conditions for obtaining a temporary international ship security certificate shall be:
1.
One of the following circumstances shall be complies with:
(1)
The ship has not obtained the International Ship Security Certificate at the time when it is delivered or before it is put into operation
or put into operation once again;
(2)
The nationality of the ship is changed into Chinese nationality from a non-Chinese one; or
(3)
The liabilities for operation of the ship are undertaken by the citizen, legal person, or other organization that has not operated
this kind of ship.
2.
The ship has passed ship security evaluation.
3.
The ship is equipped with a duplicate of the Ship Security Plan, which has been submitted for examination, reported for approval,
and put into implementation.
4.
The ship is marked with a permanent identification number as required, and is equipped with a ship security alert system that satisfies
the requirements of the 1974 International Convention for the Safety of Life at Sea as required.
5.
The company security officers have made plans and arrangements on the ship security checking work, and promised to pass the security
checking within 6 months.
6.
The ship has been equipped with the ship security officers that comply with the security requirements. And
7.
The captain, ship security officers, and other crew members who undertake concrete security duties are familiar with the security
functions and liabilities, and familiar with the relevant provisions of the Ship Security Plan.
Article 19
The conditions for issuing the documents of ship safety and pollution prevention certificates shall be:
The conditions for issuing security certificate of operating high-speed passenger ships shall be:
1.
The nationality registration on the ship has been gone through at the maritime administrative organ;
2.
The water areas in which the ship navigates comply with the requirements for safety navigation of a high-speed passenger ship;
3.
The ship has the technical conditions for the safety and pollution prevention of a high-speed passenger ship after the inspection
of a recognized ship inspection organ, and has the corresponding certificates, documents, and materials as required;
4.
The ship has formulated corresponding safety and pollution prevention safeguard measures and emergency preliminary plans; and complies
with the ship security requirements for international navigating or overseas port; and
5.
The seafarers have passed the special training on high-speed passenger ships as prescribed by the Ministry of Communications.
The conditions for issuance of the insurance of civil liabilities for oil pollution damage or other certificates of financial guarantee
shall be:
1.
The oil pollution insurance or other certificates of financial guaranty held by the ship is handled by the financial institutions
or mutual-aid insurance institutions that have the corresponding compensation ability as publicized by the Maritime Safety Administration
of the People’s Republic of China; and
2.
The face amount satisfies the limit of liabilities undertaken.
Section Three Prevention of Pollution from Ships and Management on Dangerous Goods Carried by Ships
Article 20
The conditions for licensing of operations for the prevention of pollution from ships to the harbor water area shall be:
The conditions for licensing on the use of chemical oil-eliminating agents in a ship, wharf, or facility shall be:
1.
The type of chemical oil-eliminating agents applied for use has been recognized by a professional institution;
2.
The use complies with the prescribed scope of use and standard method of usage;
3.
The doses applied for use equal to the amount of oil-elimination, and comply with the requirements for prevention of environmental
pollution of water areas; and
4.
There are measures or emergency preliminary plans for prevention of water area pollution and ensuring the safety.
The conditions for licensing a ship to use incinerators in a coastal port shall be:
1.
The port does not have the corresponding ability for receiving and handling pollutants;
2.
The ship storage equipment cannot meet the demand for next voyage;
3.
The type of incinerators has been recognized by a professional institution and passed the inspection thereof;
4.
The articles to be incinerated are the garbage or residue oil produced by the ship itself;
5.
The relevant requirements for safety and pollution prevention have been complied with; and
6.
The measures or emergency preliminary plans for the prevention of water area pollution and ensuring the safety have been formulated.
The conditions for licensing a ship to wash tank, clean cabins, and make gas freeing operation at the harbor water area shall be:
1.
The ship has formulated operation schemes, safeguard measures, and emergency preliminary plans that comply with the requirements for
safety and pollution prevention;
2.
The equipment used by it fits the corresponding usage and has passed inspection;
3.
The operators have passed corresponding training on safety and pollution prevention;
4.
The operating entities have the corresponding ability;
5.
The water area for gas freeing opera
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