Chapter I General Principles
Article 1 These Rules are formulated in accordance with the Law of People's Republic of China (PRC) on Maritime Traffic Safety, the Regulations of People's Republic of China (PRC) on Inland River Traffic Safety and the relevant international treaties concluded or acceded to by People's Republic of China (PRC) in order to ensure that the ship's crew are sufficient to ensure the safe navigation, berthing and operation of the ship and prevent the ship from polluting the environment.
Article 2 These Rules shall apply to the manning and management of motor vessels of People's Republic of China (PRC) nationality.
Where there are provisions in these Rules on ships of foreign nationality, those provisions shall prevail.
These rules do not apply to military ships, fishing boats, sports boats and non-official yachts.
Article 3 The Maritime Safety Administration of the People's Republic of China is the competent authority for the safe manning of ships. Maritime administrative agencies at all levels shall be responsible for the supervision and administration of ship safety manning within their respective jurisdictions in accordance with their duties.
Article 4 The standards for safe manning of ships required by these Rules are the minimum requirements for manning of ships.
Article 5 The shipowner (or ship operator or ship manager, the same below) shall equip the ship with qualified crew members according to the requirements of these Rules, but it shall not exempt the shipowner from the responsibility of adding necessary crew members to ensure the safety of navigation and operation of the ship.
Chapter II Minimum Safe Manning Principle
Article 6 To determine the minimum safe manning standards for ships, factors such as ship type, tonnage, technical condition, power of main propulsion power plant, navigation area, voyage, sailing time, navigation environment and crew duty and rest system shall be comprehensively considered.
Article 7 During the voyage, a ship shall be equipped with not less than the crew composition and number determined in Appendices 1, 2 and 3 of these Rules. The minimum safety equipment for the crew of high-speed passenger ships shall meet the requirements of the Safety Management Rules for High-speed Passenger Ships promulgated by the Ministry of Communications (Ministry of Communications DecreeNo. 1996No. 13).
Article 8 The salvage clauses listed in Appendices 1, 2 and 3 of these Rules are formulated according to various types of ships under normal circumstances. When the maritime administrative agency verifies the minimum safe manning quantity of a specific ship, if it considers that the safety of the ship cannot be guaranteed after the manning is lifted, it may not be lifted or completely lifted.
Article 9 The owner of a ship may allocate additional crew members as needed, but the total number of people on board shall not exceed the personnel quota standard for life-saving equipment approved by the ship inspection agency recognized by People's Republic of China (PRC) and China Maritime Safety Administration.
Chapter III Minimum Security Manning Management
Tenth China ships equipped with foreign crew shall meet the following requirements:
(a) foreign crew members working on ships of China nationality shall obtain employment permits in accordance with laws, administrative regulations and other relevant provisions of the state;
(2) A seafarer of foreign nationality holds a qualified seaman's certificate, and the country issuing the seaman's certificate has signed an agreement with China to recognize the seaman's certificate;
(3) The shipping company that employs foreign seafarers has promised to undertake the responsibility of safeguarding the rights and interests of seafarers.
Eleventh China ships shall, in accordance with the provisions of these rules, hold the minimum safety manning certificate issued by the maritime administrative agency.
Foreign ships in People's Republic of China (PRC), internal waters, territorial waters and sea areas under its jurisdiction shall, in accordance with the provisions of the relevant international treaties concluded or acceded to by People's Republic of China (PRC), hold the minimum safe manning certificate issued by the competent authorities of the government of the flag country or equivalent documents.
Article 12 When applying for the nationality registration of a ship, the shipowner shall, in accordance with the provisions of these Rules, explain how to apply the corresponding standards in the Appendix to these Rules to the minimum safe manning of his ship, and may include special explanations on the reduction or exemption of manning.
When examining the nationality registration of ships according to law, the maritime administrative agency shall verify the minimum safe manning of ships and issue the minimum safe manning certificate to the relevant ships when issuing the nationality certificate of ships.
Article 13 When a ship is built, purchased and handed over overseas, the owner of the ship shall submit the ship sales contract or construction contract, handover documents, ship technology and other relevant materials to the maritime administrative agency under his jurisdiction, and apply for the minimum safe manning certificate.
Article 14 When determining the minimum safe manning of a ship, the maritime administrative agency may, in addition to checking the relevant ship certificates and documents, also conduct on-site verification of the actual situation of the ship on the elements mentioned in Article 6 of these Rules.
Article 15 When a ship is sailing, berthing or operating, the Minimum Safe Manning Certificate must be properly kept on board for future reference.
Ships shall not use the "Minimum Safe Manning Certificate for Ships" that has been altered, forged or obtained by illegal or fraudulent means.
Article 16 The shipowner shall equip the ship with qualified crew members in accordance with the provisions of these Rules and the crew requirements stipulated in the minimum safe manning certificate of the ship.
Article 17 The owner of a ship shall, before the expiration of the Minimum Safe Manning Certificate 1 year, or when the certificate of nationality of the ship is renewed or the relevant contents are changed, handle the certificate renewal formalities with the maritime administrative agency of the port of registry with the original certificate.
Article 18 If the certificate is defaced and unrecognizable, it shall be deemed invalid, and the owner of the ship shall apply to the maritime administrative agency under its jurisdiction for renewal. If the certificate is lost, the shipowner shall explain the reasons in writing, attach relevant supporting documents, and go through the formalities of reissue the certificate with the maritime administrative agency of the port of registry.
The validity period of the renewed or reissued minimum safety manning certificate shall not exceed the validity period of the original minimum safety manning certificate.
Article 19 When the condition of the ship changes and the contents of the certificate need to be changed, the owner of the ship shall re-apply for the minimum safe manning certificate to the maritime administrative agency of the port of registry.
Article 20 Under special circumstances, if a ship needs to renew or reissue the minimum safety manning certificate outside the port of registry, with the consent of the maritime administrative agency of the port of registry, the maritime administrative agency of the port of registry at that time may handle it in accordance with these Provisions and notify the maritime administrative agency of the port of registry.
Chapter IV Supervision and Inspection
Twenty-first ships of China nationality and foreign nationality shall submit the minimum safety manning certificate when going through the formalities of entering and leaving the port.
Twenty-second ships of China nationality and foreign nationality shall be equipped with enough crew members with corresponding safety knowledge and skilled operation ability to maintain the safe operation of ships and equipment during berthing.
At any time, the captain, first mate, chief engineer and second engineer of seagoing vessels with a gross tonnage of 500 tons or above (or 750 kilowatts or above) and inland river vessels with a gross tonnage of 600 tons or above (or 44 1 kw or above) shall not leave the ship at the same time.
Article 23 If a ship does not hold the Minimum Safe Manning Certificate or the actual manning is lower than the requirements of the Minimum Safe Manning Certificate, the maritime administrative agency shall prohibit the China registered ship from leaving the port until the ship meets the requirements of these Rules; Before a ship of foreign nationality is fully staffed in accordance with the requirements of the Minimum Safe Manning Certificate for Ships, or the written approval of the competent authority of the flag country for its actual manning is submitted to the maritime administrative agency, the maritime administrative agency prohibits it from leaving Hong Kong.
Twenty-fourth ships and personnel who violate these rules and should be given administrative punishment according to law shall be given corresponding punishment by the maritime administrative agency in accordance with the provisions of relevant laws, administrative regulations and rules.
Twenty-fifth maritime administrative agency staff abuse their powers, engage in malpractices for selfish ends, dereliction of duty, shall be given administrative sanctions by their units or higher authorities; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Twenty-sixth "minimum safety manning certificate" is printed by People's Republic of China (PRC) and China Maritime Safety Administration.
The number of the minimum safety manning certificate of the ship shall be the same as that of the nationality certificate of the ship. The expiry date of the minimum safety manning certificate is the same as that of the nationality certificate of the ship.
Article 27 People's Republic of China (PRC) and China Maritime Safety Administration may amend the contents of Appendices 1, 2 and 3 of these Rules in accordance with relevant laws, administrative regulations and relevant international conventions.
Article 28 These Rules shall come into force as of August 6, 2004.