Press: "People's Republic of China Ship Safety Rules" was May 17, 2017 by the 8th ministerial meeting for consideration by the Ministry of Transport since July 1, 2017 into effect. Now read as follows: One, background (A) November 7, 2016, the NPC Standing Committee issued a "National People's Congress Standing Committee's decision on modification <People's Republic of China Foreign Trade Law" and other laws of the twelve ", on the" People's Republic of China maritime traffic safety law "Article XII" ship visa "content modifications made, the inbound and outbound visa read report; March 1, 2017, People's Republic of China State Council order No. 676" decision on amendment and repeal of some of the administrative regulations 》The “Visa for Ships†in Article 18 of the Regulations of the People's Republic of China on Inland River Traffic Safety has been amended to change the entry and exit visas into reports. At this point, the management of the ship’s entry into and exit from the port by the maritime administrative agency shall be adjusted for ex-post supervision. In order to improve the regulatory system as soon as possible and ensure that the management of ships entering and exiting the port after the cancellation of the administrative examination and approval ceases to be uninterrupted, and at the same time strengthen the post-event safety supervision and ensure the safety of water transportation, it is necessary to formulate regulations in a timely manner to refine the newly revised system in the law. (Ii) December 1, 2014 implementation of the "People's Republic of China Production Safety Law" clearly stipulates the responsibilities of the main business is production safety, production safety should fulfill the statutory duties and obligations according to the law; and government departments at all levels of production safety regulation and law enforcement The main body, in accordance with the principle that "the tube industry must manage safety, the tube business must manage safety, and tube production and management must manage safety", implements the respective safety supervision responsibilities of the safety production supervision department, the industry competent department and other relevant government departments. With the legalization of production safety and comprehensive advancement in accordance with the law, the maritime department is the competent authority for supervision of water safety and must strictly perform its statutory duties. Under the new situation, it is necessary to formulate rules and regulations to accurately position the performance of duties. (3) As the most important means of maritime site supervision and management, ship safety inspection has played an important role in combating low-standard ships, ensuring the safety of water transportation, and preventing ships from polluting waters. The Ministry of Transport revised the Rules for the Inspection of Ship Safety in 1997 and 2009 respectively to adapt to the new situation and new requirements of maritime supervision under the new situation. January 1, 2014 Tokyo Memorandum of organization and implementation in the region, the new port state control inspection mechanism to incorporate new risk assessment mechanisms and inspection strategies, tremendous impact on the shipping industry. In order to meet the needs of the implementation of the new inspection mechanism, the original "Safety Inspection Rules for Ships" needs to be revised. Therefore, the "Rules for the Supervision of Ship Safety" has been formulated to replace the original "Safety Inspection Rules for Ships" to adapt to changes in the new management environment and management concepts after the reform of the regulatory model, and to promote the performance of maritime management agencies in the establishment of new safety supervision and management mechanisms. Enhance the quality and effectiveness of supervision and inspection. Second, the main framework and content The “Safety Supervision Rules for Ships†is divided into seven chapters and 57 articles, namely: General Provisions ( 9 Articles), Ship Inbound/Outbound Reports ( 5 Articles), Integrated Ship Quality Management ( 3 Articles), Ship Safety Supervision ( 23 Articles), Ships Security responsibility ( 9 articles), legal liability ( 6 articles), and supplementary articles ( 2 articles). Third, the main highlights (a) Define the concept and behavior of ship safety supervision. Ship safety supervision refers to the safety supervision and management activities carried out by the maritime management organization in accordance with the law on the compliance of ships and related activities with laws, regulations, and regulations, as well as relevant international conventions and regulations of port state supervision regional cooperation organizations. It mainly includes two aspects. The first is the traditional safety inspection of vessels in terms of technical conditions and safety in the traditional sense. The second is the day-to-day general supervision of ships, including dock, water inspection, and non-safety inspection boarding inspections. The contents mainly include: Ship crew certification, ship manning, ship anti-pollution inspection, ship berthing and operations, inbound and outbound report, and fee and tax payment. (b) The responsibilities and obligations of all parties concerned have been clarified. The Rules clarified the responsibilities and obligations of shipping companies, ships, masters, crews, ship inspection agencies, maritime management agencies, and other related parties in terms of ship safety, pollution prevention, maritime labor conditions and security, and established ship safety. The management of the new mechanism will give more prominence to the main responsibilities of ships and shipping companies and the technical support of ship inspection agencies. It is clarified that ship safety supervision is a random inspection and does not exempt or replace the legal responsibilities and obligations that the related parties should perform. A mechanism for information notification is established, and the maritime management agency informs the shipping company responsible for safety and pollution prevention by checking the situation and supervises the implementation. Responsibility for the safety of the shipping company; the ship inspection agency for the notification of important ship safety technical defects, and the exchange of supervision information with the water transport management department, giving full play to the technical support role of the ship inspection agency and the market supervision role of the water transport management department. (3) It has formulated a ship reporting system under the new situation. According to Article 12 of the “People’s Republic of China Maritime Traffic Safety Law†promulgated by the National People’s Congress, “Intrinsic sailing ships of the Chinese nationality must report to the competent authority the voyage plan, airworthiness, crewing, and cargo Passengers, etc.". The State Council promulgated the amended "Regulations of the People's Republic of China on Inland Water Management" Article 18: "A ship entering or leaving an inland port shall report to the maritime administrative agency on the ship's voyage plan, airworthiness status, crewing, loading and loading of passengers, etc. ". In order to meet the management needs for the cancellation of entry and exit visas for ships, to obtain vessel voyage information and to statistically record ship operations data, the “Rules†set out a ship entry and exit reporting system, which requires ships to report before entering and leaving Hong Kong. The "Rules" stipulates the forms, contents, and time limits of ship reports, and facilitates administrative counterparts through information methods. (D) use of the concept of integrated quality management. Establish a comprehensive ship quality management system, combine the construction of a ship's integrated quality management platform, use big data for analysis, carry out comprehensive quality assessments on ships, and integrate with the current focus on tracking ships and the safety and integrity of ship management systems, and highlight the focus on tracking ships and The inspection requirements for safety and integrity of ships can increase the frequency of inspections for ships that focus on tracking. Ships with safe integrity can reduce the frequency of inspections, concentrate resources on inspections of ships with low standards, and reduce the interference with ships that are technically sound and law-abiding, and the information is The public is open to strengthen supervision and management of ship safety through market-based means. (5) The selection criteria for safety supervision target ships have been improved. The "Rules" use risk assessment as the basis for monitoring and inspection of selected ships, and the selection of suitable inspection objects through information systems ensures the operation of vessels in good condition, and allows ships of high risk levels that are not safe and unsafe to be subject to check. The key ships (passenger ships, dangerous goods ships, etc.), ages, defects, and detentions are taken as the parameters for risk assessment. Ships that have been flagged, ships that have been tracked, etc. are listed as absolute priority monitoring targets, and administrative enforcement resources can be rationally allocated. Improving the pertinence and efficiency of inspections, making the target ship more reasonable in selection and more operational, to a certain extent, providing institutional protection for the “coverage†of safety inspections, and also preventing the risks of clean government. (6) Highlighted the need for the ship to establish a self-examination system before sailing. The "Rules" require Chinese ships to establish a self-examination system prior to sailing, and require the vessel to carry out self-inspections on safe sailing conditions, passenger and cargo transport, lashing and securing, and key ship equipment prior to departure, thus clarifying the obligation of the ship to ensure navigation safety. It highlights the implementation of the main responsibility of the ship's safety and makes the ship safety management mechanism more perfect. The following is the "Safety Supervision Rules of the People's Republic of China" Regulations of the People's Republic of China on Ship Safety Supervision (Order of the Ministry of Transport Decree No. 14 of 2017 ) "People's Republic of China Ship Safety Rules" was May 17, 2017 by the 8th ministerial meeting, is hereby promulgated and July 1, 2017 into effect. Li Xiaopeng May 23, 2017 Chapter 1 General Provisions Article 1 In order to protect the lives of people on the water and the safety of property, prevent the pollution of ships from causing water pollution, and standardize the safety supervision of ships, according to the "Marine Traffic Safety Law of the People's Republic of China", the "Marine Environmental Protection Law of the People's Republic of China" and "The Port of the People's Republic of China Law" " The Regulations of the People's Republic of China on Regulations for Inland River Traffic Safety, the Regulations of the People's Republic of China on Seafarers and other laws and regulations, and the provisions of relevant international conventions concluded or acceded to by China shall be formulated. Article 2 These rules apply to the safety supervision of vessels of Chinese nationality and water facilities as well as ships of foreign nationality engaged in navigation, berthing and operation in the waters under the jurisdiction of China. This rule does not apply to military ships, fishing vessels and sports boats. Article 3 The supervision and management of ship safety follow the principles of law, fairness, honesty and convenience. Article 4 The Ministry of Transport shall be responsible for the supervision of ship safety throughout the country. The National Maritime Administrative Agency is responsible for the supervision of ship safety throughout the country. The maritime administrations at all levels carry out ship safety supervision in accordance with their duties and authorizations. Article 5 The term "vessel safety supervision" as used in these Regulations refers to the safety of maritime affairs administrative agencies in accordance with the laws and regulations as well as the related international conventions and the regulations of the port state supervision regional cooperation organizations on the safety of ships and their related activities. Supervision and management activities. Ship safety supervision is divided into ship site supervision and ship safety inspection. The on-site supervision of a ship refers to the day-to-day safety supervision and spot checks conducted by the maritime administrative agency on ships. Ship safety inspections refer to the safety supervision and inspection activities conducted by the maritime administrative agency at a certain time interval on the safety and anti-pollution technology status of the ship, the crew’s qualifications and suitability, and the maritime labor conditions, including the supervision and inspection of the flag State and the port State. supervised check. Article 6 The maritime administrative agency shall be equipped with the necessary personnel, equipment and materials to meet the needs of the safety supervision and management of ships. Article 7 The on-site supervision of ships shall be implemented by the maritime administrative law enforcement personnel who have the corresponding duties. Article 8 The personnel of maritime administrative law enforcement engaged in the inspection of the safety of ships shall obtain qualification certificates of corresponding grades, and shall constantly update their knowledge. Article 9 A maritime administrative agency shall establish a social supervision mechanism for the safety of ships, publish reports and complaint channels, and improve the reporting and complaint handling mechanism. The maritime administrative agency shall keep secrets for informants and complainants. Chapter II Report of Ships Entering and Exiting Hong Kong Article 10 Vessels of Chinese nationality sailing within the waters under the jurisdiction of China shall implement the report on the entry and exit of ships in accordance with regulations. Article 11 A vessel shall report the import and export information to the maritime administrative agency that is about to depart or arrive at the port 4 hours before it is expected to depart or arrive in Hong Kong. If the voyage is less than 4 hours, report when leaving the last port. If the ship is sailing on a fixed route and the single voyage does not exceed 2 hours, it may report at least one entry and exit of the port every day. The ship shall be responsible for the completeness and authenticity of the report. Article 12 The inbound and outbound information reported by the vessel shall include the voyage dynamics, on-board personnel information, passenger and cargo transport information, the time and location of the planned departure. Article 13 Vessels may report vessel entry and exit information via the Internet, fax, and text messages, and make corresponding records in the ship's navigation or navigation log. Article 14 Maritime administrative agencies and waterway transport administrative departments shall establish information platforms and share information on the entry and exit of ships. Chapter III Integrated Ship Quality Management Article 15 A maritime administrative institution shall establish a unified ship comprehensive quality management information platform, collect and process ship-related information, and establish ship comprehensive quality files. Article 16 The integrated ship quality management information platform shall include the following information: (i) Ship basic information; (2) The implementation of the relevant provisions on ship safety and pollution prevention management; (3) Water traffic accidents and pollution accidents; (4) The administrative penalties imposed by the maritime administrative agency for violations of maritime traffic safety; (5) The situation of the vessel receiving safety supervision; (6) The safety and integrity of shipping companies and ships; (7) Reports of ships entering or leaving Hong Kong or handling formalities for entering or leaving Hong Kong; (8) Payment of relevant fees and taxes in accordance with relevant regulations; (9) The state of inspection technology of ships. Article 17 The maritime administrative agency shall carry out the comprehensive quality assessment of ships in accordance with the information mentioned in Article 16, and the results of the comprehensive quality assessment shall be made public to the society. Chapter IV Ship Safety Supervision Section 1 Selection of Safety Oversight Target Ships Article 18 Where a maritime administrative agency supervises the safety of a ship, it shall reduce unnecessary influence on the normal production operations of the ship. Article 19 The national maritime administration agency shall formulate the ship selection criteria for safety supervision. The maritime administrative agency shall, in accordance with the actual conditions of its jurisdiction and in accordance with the principles of comprehensive coverage, highlighting, and openness, and based on the selection criteria for target ships as stipulated by the regional cooperation organization for port state supervision and the national maritime administration that China joins, comprehensive consideration shall be given to the types of ships and vessels. Ages, previous failures to accept ship safety supervision, safety management of shipping companies, etc., and in accordance with the stipulated time intervals, choose the ship to implement ship safety supervision. Article 20 In accordance with the criteria for selection of target ships, ships that are not included in the selection target shall not in principle be subject to boarding-up to implement ship safety supervision, except that special inspections are carried out in accordance with the provisions of Article 21. Article 21 Where an important national holiday, period of major events, or the inspection of a specific water area, specific safety matters, or a specific ship needs to be inspected, the maritime administrative agency may carry out special inspections in the form of comprehensive utilization of ship safety inspections and ship site supervision. Section 2 Ship Safety Supervision Article 22 The on-site supervision of ships includes: (1) Self-inspection of ships of Chinese nationality; (2) Statutory certificate documents and records; (3) The crewing situation; (4) passenger and cargo shipments and cargo tied lashings; (5) The implementation of ship pollution prevention measures; (6) Navigation, berthing and operation of the ship; (7) Reports of ships entering or leaving Hong Kong or handling formalities for entering or leaving Hong Kong; (8) Payment of related fees and taxes in accordance with relevant regulations. Article 23 The contents of the ship safety inspection include: (1) The manning situation of the ship; (2) Ships and crews are equipped with and hold relevant statutory certificates and related information; (3) The structure, facilities and equipment of the ship; (4) passenger and cargo shipments and cargo tied lashings; (5) Ship security related conditions; (6) The crew's performance of its job responsibilities, including the maintenance and actual operation capabilities of the facilities and equipment related to its job responsibilities; (7) Maritime labor conditions; (8) Operation of the ship safety management system; (9) Laws, regulations, rules, and other inspections required by relevant international conventions concluded or acceded to by China. Article 24 The maritime administrative organ shall, in accordance with the contents of the ship safety supervision, formulate corresponding working procedures and standardize the safety supervision activities of the ship. Article 25 After completing the safety supervision of ships, the maritime administrative agency shall issue the corresponding “Ship Site Supervision Reportâ€, “flag State Supervision and Inspection Report†or “Port State Supervision and Inspection Reportâ€, and be signed by the captain or the crew member performing the duties of the captain. The "Marine Site Supervision Report", "flag State Supervision and Inspection Report" and "Port State Supervision and Inspection Report" are made in duplicate. One copy is filed by the maritime administrative agency and one is left for future reference. Article 26 In the event of ship-site supervision, the ship is found to have deficiencies that endanger the safety of navigation, the health of seafarers, the environment of the water area, or the violation of water traffic safety, and shall be disposed of in accordance with the provisions. Where it is found that there is a ship safety defect that requires further safety inspections, the ship safety inspection procedure shall be initiated. Section 3 Ship Safety Defects Handling Article 27 Where a maritime administrative law enforcement officer discovers a defect in the ship safety supervision process, he shall submit the following handling opinions in accordance with the relevant laws, regulations, rules and conventions: (a) warning education; (B) correcting defects before sailing; (3) correcting defects within the time limit set after sailing; (d) detention; (5) Prohibiting ships from entering Hong Kong; (6) Restricting the operation of the ship; (7) Ordering the ship to sail to a designated area; (8) Order the ship to leave Hong Kong. Article 28 If a ship defect discovered during a security inspection cannot be corrected at the port of inspection, the maritime administrative agency may allow the ship to go to the nearest port where it can be repaired, and promptly notify the maritime administration of the port to be repaired. Where the repair port is beyond the jurisdiction of the maritime administrative agency of Hong Kong, the maritime administrative agency in Hong Kong shall notify the maritime administration authority of the repair port to conduct the follow-up inspection. After receiving the follow-up inspection notice, the repairing port maritime administrative agency shall verify the correctness of the ship's defects and timely send the verification results back to the maritime administrative authority that issued the notice. Article 29 In adopting the measures of Article 27 (4) (5) and (8) of these Regulations, the maritime administrative agency shall promptly inform the Chinese and foreign nationals of the ship's Flag State Government of nationality ship. Article 30 Vessels that are subject to the measures (4) (5) (VI) (8) of Article 27 of these Regulations due to defects shall apply to the maritime administrative agency for review after the corresponding defects have been corrected. Ships that have taken other measures may apply to the maritime administrative agency for re-examination after the corresponding defects have been corrected. If they do not apply for review, they shall be reviewed by the maritime administrative agency at the next ship safety inspection. If the maritime administrative agency decides not to review the application after it has received an application for review, it shall promptly notify the applicant to undergo a review at the next ship safety inspection. If the review is qualified, the maritime administrative agency shall promptly release the corresponding treatment measures. Article 31 Vessels have the right to state and defend the defects and handling opinions raised by the maritime administrative law enforcement officials. If the ship has any objections to the defects and handling opinions, the maritime administrative law enforcement personnel shall inform the ship of the ways and procedures for the appeal. Article 32 In the implementation of ship safety supervision, if a maritime administrative agency finds that there is a problem with the safety management of the shipping company, it shall require the shipping company to make corrections and notify the relevant maritime intelligence agency of the registration of the shipping company. Article 33 The maritime administrative agency shall notify the shipping company and related ship inspection agencies or organizations of major ship defects that affect safety and defects that cause the ship to be stranded. Where there are defects or hidden dangers in the ship and there are serious problems in the safety management of the ship, which may affect the conditions for its transportation qualifications, the maritime administrative agency shall notify the relevant waterway transportation management department of the relevant conditions, and the waterway transportation management department shall feedback the handling status to the corresponding maritime affairs management. mechanism. In the supervision of the market, the waterway transport management department shall discover the issues that may affect the safety of the ship, and notify the relevant maritime administrative agency of the relevant conditions. The maritime administrative agency shall feedback the treatment status to the corresponding waterway transport administration department. Article 34 Vessels and related personnel shall correct the existing deficiencies in accordance with the requirements of the Ship Site Supervision Report, the Flag State Supervision and Inspection Report, and the Port State Supervision and Inspection Report issued by the maritime administrative authority. The shipping company shall supervise the ship to rectify the defects on time and shall promptly provide feedback to the maritime administration that has implemented the inspection. Where a ship inspection agency should verify the correctness of the relevant defects and needs to conduct an interim inspection, the inspection report shall be promptly fed back to the maritime administrative institution that conducts the inspection. Article 35 The master of a ship of Chinese nationality shall inspect the correction of the defect and record it in the navigational or log book. Article 36 Vessels shall properly keep "Ship Site Supervision Report," "flag State Supervision and Inspection Report," "Port State Supervision and Inspection Report," and keep it on board for at least 2 years. Article 37 Any entity or individual other than a maritime administrative agency may not detain or collect the “Marine Site Supervision Reportâ€, “flag State Supervision and Inspection Report†and “Port State Supervision and Inspection Reportâ€, or endorse the above report. Article 38 No unit or individual may arbitrarily alter, deliberately damage, falsify, alter, lease, fraudulently obtain and fraudulently use "Marine Site Supervision Report", "flag State Supervision and Inspection Report", "Port State Supervision and Inspection Report". Article 39 The format of the Ship Site Supervision Report, the Flag State Supervision and Inspection Report, and the Port State Supervision and Inspection Report shall be uniformly formulated by the national maritime administration authority. Article 40 If a Chinese ship suffers a maritime traffic accident outside China, or is detained, prohibited from entering Hong Kong, prohibited from entering China, or expelled from Hong Kong (domestic), the shipping company shall promptly report the relevant information to the maritime administration authority at the port of registry, the maritime administrative agency. Corresponding communication and coordination and necessary assistance should be given. Chapter V Ship Safety Responsibility Article 41 A shipping company shall perform the main responsibilities for safety management and pollution prevention, establish and improve the ship safety and anti-pollution system, effectively maintain and maintain the vessels and their equipment, ensure that the vessels are in good condition, ensure the safety of ships, and prevent Ships pollute the environment and provide ships with competent crew members that meet the minimum safety manning requirements. Article 42 Vessels of Chinese nationality shall establish a self-examination system prior to sailing. Prior to departure, the vessel shall carry out self-examination of the state of safety of the ship and the loading of the cargo, complete the “Safety Self-inspection List before the Ship’s Expedition†in accordance with the format stipulated by the State Maritime Administration, and be signed and confirmed by the captain before sailing. If the ship is sailing on a fixed route and the single voyage does not exceed 2 hours, it is not necessary to conduct self-examination before each sailing, but it should be checked at least once a day. "Safety checklist before the ship sails" should be kept on board for at least 2 years. Article 43 The master of the ship shall properly arrange the ship to be on duty and abide by the safety regulations for navigation, berthing and operation of the ship. Article 44 Vessels shall abide by the provisions of the relevant administrative agencies at the port where the severe weather restricts sailing. Ships sailing in the waters of inland rivers should abide by the circular issued by the maritime administrative agency on the navigation restrictions during the dry season. Article 45 A vessel inspection agency shall ensure the comprehensiveness, objectivity, accuracy, and validity of the survey, and ensure that the ships that have passed the survey have the technical conditions for safe navigation and safe operations, and are responsible for the inspection certificates issued. Article 46 Vessels equipped with automatic identification systems and other communications and navigation aids should always maintain the relevant equipment in normal working condition, accurately and completely display the information of own ships, and update the arrival and departure names and time information in a timely manner. In the event of a failure of the relevant equipment, it shall report to the maritime administrative agency at the port of arrival in a timely manner. Article 47 No unit or individual may obstruct or obstruct a maritime administrative law enforcement officer from performing vessel safety supervision on ships. Article 48 When carrying out safety supervision of ships, the maritime administrative law enforcers shall appoint personnel to cooperate with them. The assigned coordinating personnel should answer the inquiry truthfully and test and manipulate the ship's facilities and equipment as required. Article 49 The maritime administrative agency shall implement the supervision of ship safety through spot checks and shall not replace or exempt shipping companies, ships, crews, ship inspection agencies and other relevant units or individuals from the aspects of ship safety, pollution prevention, maritime labor conditions and security, etc. Fulfilment of legal obligations and obligations. Chapter 6 Legal Liability Article 50 Where any one of the following acts is violated in violation of these Rules, the maritime administrative institution shall impose a fine of not less than 1,000 yuan but not more than 10,000 yuan against the illegal shipowner or ship operator ; if the circumstances are serious, the liability shall be between 10,000 yuan and 30,000 yuan. The following fine. A fine of not less than 100 yuan but not more than 1,000 yuan shall be imposed on the captain or other responsible persons ; if the circumstances are serious, a fine of 1,000 yuan up to and including 3,000 yuan shall be imposed, and the certificate of competency of the crew may be detained for 6 months to 12 months: (1) Refusal or obstructing ship safety supervision; (2) fraudulently defrauding maritime administrative law enforcement per Fire Rated Door,Fire Door,Fire Retardant Door,Fire Rated Access Doors Foshan QI'AN Fireproof Shutter Doors Co., Ltd , https://www.fsqianfiredoor.com
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