Laws of the People's Republic of China

MARITIME TRAFFIC SAFETY LAW OF THE PEOPLE'S
REPUBLIC OF CHINA

 (Adopted at the Second Meeting of the Standing Committee of the Sixth
National People's Congress, and effective as of January 1, 1984)

 

 

 

SUBJECT: MARITIME LAW

ISSUING-DEPT: STANDING COMMITTEE OF PEOPLE'S CONGRESS

ISSUE-DATE: 09/02/1983

IMPLEMENT-DATE: 01/01/1984

LENGTH: 2993 words

TEXT:

CHAPTER I GENERAL PROVISIONS

[Article 1] This Law is formulated in order to exercise better control of maritime traffic, to ensure the safety of vessels, installations, property and human life and to safeguard the sovereignty and national interests of this country.

[Article 2] This Law is applicable to all vessels, installations and persons navigating, berthing or carrying out operations in the coastal waters of the People's Republic of China, and to the owners and operators of such vessels and installations.

[Article 3] The Harbour Superintendency Administrations of the People's Republic of China are the competent authorities solely responsible for the supervision of the safety of traffic in the coastal waters of this country.

CHAPTER II SURVEY AND REGISTRATION OF VESSELS

[Article 4] Vessels and their major equipment and devices for safe navigation must have valid certificates issued by vessel survey and classification organs.

[Article 5] Vessels must be in possession of valid certificate of nationality or certificate of registry or license.

CHAPTER III MANNING OF VESSELS AND INSTALLATIONS

[Article 6] Vessels should be manned with duly qualified officers and crew according to the standard of manning adequate to ensure the safety of navigation.

[Article 7] All captains, chief engineers, deck officers, engineers, wireless operators, radio telephone operators and similar ranking personnel on board seaplanes or submersibles must hold their respective certificates of competency or licenses.

All other crew members must be well trained for their job.

[Article 8] In accordance with the relevant regulations issued by the state, all installations must carry those with a good knowledge of collision prevention, signalling, radio communications, fire-fighting and life-saving operations.

[Article 9] All those on board vessels or installations must observe regulations for safety of maritime traffic and follow the instructions for operation in order to ensure the safety of navigation, berthing or operations of vessels and installations.

CHAPTER IV NAVIGATION, BERTHING OR CARRYING OUT OPERATIONS

[Article 10] The relevant laws, administrative statutes and regulations promulgated by the People's Republic of China must be complied with by vessels and installations while navigating, berthing or carrying out operations.

[Article 11] Non-military vessels of foreign nationality may not enter into inland waters or ports of the People's Republic of China without the permission of its competent authorities.  However, under extraordinary circumstances such as an emergency case of disease or injury of the crew members or malfunctioning of the engine or the vessel being in distress or seeking shelter against stress of weather, where it is too time-pressed to be granted entry as in normal cases, the vessel may, while so entering, make an emergency application to the competent authorities for such entry and should act as instructed.

No military vessels of foreign nationality may enter the territorial seas of the People's Republic of China without being authorized by the Government thereof.

[Article 12] Foreign-going vessels entering or leaving the ports of the People's Republic of China shall be subject to inspections of the competent authorities.  Hometrading vessels of Chinese nationality should have their entry or clearance papers endorsed on entering or leaving Chinese ports.

[Article 13] No vessels of foreign nationality may enter or leave the ports of the People's Republic of China or navigate or shift berths in the port areas or proceed to or depart from mooring points or cargo terminals outside port areas without a pilot being sent on board by the competent authorities.

[Article 14] While entering or leaving the port or passing through areas of traffic control, dense traffic or confined waters, vessels shall comply with the special regulations issued by the Government of the People's Republic of China or by the competent authorities.

[Article 15] Vessels are prohibited from entering or passing through forbidden areas unless specially authorized by the competent authorities.

[Article 16] Big-sized installations and mobile off-shore drilling units must undergo towage inspections conducted by vessel survey and classification organs and must be approved by the competent authorities for sea towage.

[Article 17] The competent authorities may cause a vessel to undergo a re-survey or instruct her owners or operators to take effective safety measures upon finding the conditions of such vessel to be inconsistent with what is stated in the vessel's certificates.

[Article 18] The competent authorities may deny a vessel entry into or order its departure from the port where the presence of the vessel is considered to be a threat to the safety of the port.

[Article 19] The competent authorities may prohibit a vessel or an installation from leaving the port or cause the suspension of the voyage, the change of the route or the stoppage of the operations in case of such vessel or installation being:

(1) in violation of the relevant laws, administrative statutes or regulations promulgated by the People's Republic of China; or

(2) unseaworthy or untowworthy: or

(3) involved in a maritime traffic accident while not being through with the necessary procedures; or

(4) in default of payment of any amount due to the competent authorities or the departments concerned or being unable to produce securities required; or

(5) involved in any other event deemed by the competent authorities to be detrimental or likely to be so to the safety of maritime traffic.

CHAPTER V ASSURANCE OF SAFETY

[Article 20] Surface and under-water projects carried out in the coastal areas and the designation of safety operation zones in connection therewith must be reported to the competent authorities for approval and announcement.