Laws of the People's Republic of China

REGULATIONS GOVERNING SUPERVISION AND CONTROL
OF VESSELS OF FOREIGN REGISTRY SAILING IN THE
YANGTZE RIVER ISSUED BY THE PEOPLE'S REPUBLIC OF CHINA

(Issued on April 20, 1983)

 

 

 

SUBJECT: MARITIME LAW

ISSUING-DEPT: MINISTRY OF COMUNICATION

ISSUE-DATE: 04/20/1983

IMPLEMENT-DATE: 04/20/1983

LENGTH: 1336 words

TEXT:

[Article 1] The Yangtze River is the inland waterway of the People's Republic of China.  These Regulations have been formulated with a view to safeguarding the sovereignty of the People's Republic of China, to ensuring safety of vessels and to maintaining order of traffic in the Yangtze River Waterway and its Ports in accordance with the Regulation Governing Supervision and Control of Foreign Vessels by the People's Republic of China.

[Article 2] These Regulations and all relevant laws and administrative statutes issued by the Government of the People's Republic of China shall be complied with by all propelled and non-propelled vessels and other water-borne means of transport of foreign registry (hereinafter referred to as "vessels") sailing in the Yangtze River Waterway of berthing at its Ports.

[Article 3] For the purpose of these Regulations, the term "Yangtze River Waterway" shall mean the main waterway extending from the line joining Liuheiwu (31 Degree 30' 52" N, 121 Degree 18' 54" E) at the lower reaches of the Estuary of the Liu River, and the signal post (31 Degree 37' 34" N, 121 Degree 22' 30" E) at the lower reaches of the Estuary of the Shiqiao River, Congming Island, and upwards to the upper boundary of Zhangjiagang (a line joining point 31 Degree 59' 35" N, 120 Degree 20' 00" E and point 31 Degree 57' 13" N, 120 Degree 20' 00" E).

For the purpose of these Regulations, the term "Ports" shall mean Nantong and Zhangjiagang, being those open to vessels of foreign registry in the Yangtze River Waterway.

[Article 4] These Regulations shall be enforced by the Harbour Superintendency Administration of the People's Republic of China, and all vessels shall be subject to their supervision and control.

[Article 5] No vessels can enter the Yangtze River Waterway or its Ports without the Permission of the Harbour Superintendency Administration of the People's Republic of China.  Those Permitted to enter the Yangtze River Waterway shall be subject to inspection of the Quarantine Office, the Harbour Superintendency Administration, the Frontier Defence Office, the Customs and the Animal and Plant Inspection Office, and complete all relevant Formalities.  The above-mentioned authorities are entitled to exercise control on board if required.

[Article 6] Vessels entering the Yangtze River Waterway shall not engage in shipping business between the ports along the Yangtze River and between the Ports and the port of Shanghai, nor shall they engage in other unauthorised operations.

[Article 7] Vessels entering the Yangtze River Waterway and its Ports shall:

(a) A week prior to its expected time of passing through the port of Shanghai, apply to the Harbour Superintendency Administration at her expected port of arrival through the port agent for completion of entry formalities;

(b) 24 hours in advance of her passing through the port of Shanghai (or on her departure from the last port of call if the voyage takes less than 24 hours), report the vessel's expected time of passage and the vessel's ETA at her expected port of arrival along the Yangtze River, the vessel's size, fore and aft drafts, the maximum height above the actual water line to the Harbour Superintendency Administration of Shanghai and of the expected port of arrival through the port agents;

(c) Give timely advice of any alteration in the ETA reported.

[Article 8] Vessels sailing in the Yangtze River Waterway or berthing at its Ports shall apply to the Harbour Superintendency Administration at the port of arrival along the Yangtze River for pilotage and for passing through the port of Shanghai, shall apply to the Shanghai Harbour Superintendency Administration for pilotage.

[Article 9] Upon arrival at the port, vessels shall immediately submit the Entry Report and other relevant forms, ship's papers and relevant documents for examination and be subject to inspection.  Before leaving the port, vessels shall report the time of departure and the port of destination to the Harbour Superintendency Administration and complete departure formalities through the port agent and may only leave the port after port clearance has been obtained.

[Article 10] Vessels sailing in the Yangtze River Waterway or berthing at its Ports shall be day hoist the national flag of the People's Republic of China at the top of the front mast and the national flag of the state of registry at the stern; a "H" flag shall in addition be hoisted when there is a pilot on board.  On entering or leaving Ports or shifting berths, vessels shall moreover display signal-letters and other prescribed signals.

[Article 11] Vessels making use of their VHF radio-telephone in the Yangtze River Waterway or its Ports shall comply with the Provisional Regulations Governing the Use of VHF Radio-Telephone by Foreign Vessels issued by the Ministry of Communications of the People's Republic of China.

[Article 12] In the Yangtze River, vessel's radio- telegraph and radio-telephone transmitters can only be used to communicate with the river or coastal radio-stations of the People's Republic of China, and they can only be used in Ports in case of emergency, and reports shall be made to the Harbour Superintendency Administration immediately afterwards.

In the Yangtze River Waterway and its Ports, vessel's signal rockets, flare signals or gun signals can only be set off in case of emergency, and reports shall be made to the Harbour Superintendency Administration immediately afterwards.

[Article 13] Vessels sailing in the Yangtze River Waterway or berthing at its Ports are prohibited from carrying out the following activities:

(a) Having military installations and military ships photographed, drawn pictures of, vediotaped or surveyed; or

(b) Shooting, swimming, fishing, and setting off of firecrackers or fireworks; or

(c) Other activities threatening the national safety, interests and good other of the People's Republic of China.

[Article 14] Vessels sailing in the Yangtze River Waterway shall anchor as near to the outer limit of the fairway as is practicable under extraordinary circumstances such as bad weather, flood peaks, etc., which make temporary anchoring necessary, and shall not take the main fairway.  Those vessels shall have the position and time of anchoring and the time of departure promptly reported to the nearest Harbour Superintendency Administration, and no one shall be allowed ashore without permission of the local public security authorities.

[Article 15] Vessels sailing in the Yangtze River Waterway shall not proceed at a speed that would threaten the safety of other vessels and installations ashore.

[Article 16] With respect to the regulations on navigation, berthing and prevention of collisions, vessels in the Yangtze River Waterway or berthing at its Ports shall comply with the Regulations Governing Prevention of Collision in Inland Waterways promulgated by the Ministry of Communications of the People's Republic of China.

[Article 17] While using signals, vessels shall comply with the Regulations Governing Prevention of Collsion in Inland Waterways and other relevant signal regulations; signals not being specified therein shall be displayed in accordance with the relevant international regulations.

[Article 18] No vessel sailing in the Yangtze River Waterway or berthing at its ports shall discharge or dispose of oils, oily mixtures or other harmful pollutants or refuse into water.

[Article 19] Matters provided for in these Regulations shall be carried out in accordance therewith, while those not being set forth herein shall be dealt with in accordance with the Regulations Governing Supervision and Control of Foreign Vessels by the People's Republic of China and other relevant laws and statutes.

[Article 20] These Regulations shall become effective upon the date of promulgation.