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| Category | COMMUNICATIONS AND TRANSPORT | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1993-02-14 | Effective Date | 1993-02-14 |
|
Regulations of the People's Republic of China Governing Survey of Ships and Offshore Installations |
|---|
Article 1 These Regulations are formulated to ensure that ships, offshore
installations and marine containers meet the technical requirements for safe
navigation and operation, to safeguard the safety of life of people and
property and to prevent the pollution of marine environment.
Article 2 These Regulations shall apply to:
a. Ships registered or to be registered in the People's Republic of China
(hereinafter referred to as Chinese flag ships);
b. Foreign flag ships applying for the surveys according to these
Regulations or other relevant regulations stipulated by the State;
c. Offshore installations located or to be located in coastal waters of
the People's Republic of China (hereinafter referred to as offshore
installations);
d. Marine containers owned by a legal person of enterprise registered in
China (hereinafter referred to as containers).
Article 3 The Register of Shipping of the People's Republic of China
(hereinafter referred to as the Register of Shipping) is the competent
authority to carry out surveys of various kinds in accordance with the
Regulations.
With the approval of the competent authority in charge of transport and
communications under the State Council, the Register of Shipping is entitled
to establish ship survey organizations in major ports and industrial areas.
With the approval of the competent authority in charge of transport and
communications under the State Council and the approval of the People's
Governments of provinces, autonomous regions or municipalities directly under
the Central Government, the competent authorities in charge of transport and
communications under the People's Governments of provinces, autonomous regions
or municipalities directly under the Central Government are entitled to
establish local ship survey organizations in port areas under their respective
jurisdictions.
Article 4 China Classification Society (CCS) is a social organization for
ship surveys, which undertakes classification surveys and certification
surveys and surveys related to notarial matters of domestic and foreign ships,
offshore installations and containers. The Society is allowed to conduct
statutory surveys on behalf of the Register of Shipping subject to the
latter's authorization.
Aticle 5 All kinds of surveys stipulated in these Regulations shall be Article 6 Surveys of ships are carried out by the following organizations a. Ship survey organizations established by the Register of Shipping; b. Local ship survey organizations established by the competent authority c. Ship survey organizations entrusted, designated or approved by the The above-mentioned organizations are generally called the Ship Survey Article 7 Owners or operators of Chinese flag ships must apply to a Ship a. Survey under construction when their ships are under construction or b. Periodical survey when their ships are in service; c. Initial survey when their foreign flag ships are changed into Chinese Article 8 Important equipment, parts and materials used by Chinese flag Article 9 Chinese flag ships shall be subject to tonnage measurement Article 10 Owners or operators of foreign mobile drilling units and a. Surveys prior to operation; b. periodical surveys during operation. Article 11 Owners or operators of mobile offshore platforms, floating Article 12 Owners or operators of Chinese flag ships must apply to the a. An accident which may affect seaworthiness of the ship, or b. A change in the ship's purpose or navigational areas which are defined c. The expiry of the certificate signed and issued by the Ship Survey d. The requirement by the competent authority in charge of maritime safety Owners or operators of foreign flag ships in ports of China must apply to Article 13 The following kinds of Chinese flag ship must apply to China a. International service ships; b. Sea-going passenger vessels accommodating 100 passengers or more; c. Tankers over 1000 deadweight tons; d. Ro-ro ships, liquefied gas carriers and bulk chemical carriers; e. Other ships whose shipowners or operators apply for the classification. Article 14 The Ship Survey Organization shall, according to the rules and Article 15 With the exception of the provisions of Article 31 of these a. Surveys under construction of those under construction or conversion; b. Periodcal surveys of those in service; c. Occasional surveys of those whose safety functions are affected by an d. Occasional surveys of those which are required by the competent Article 16 The Ship Survey Organization shall, according to the rules and Article 17 Owners or operators of containers must apply to the Ship a. Surveys under construction of those under construction; b. Periodical surveys of those in service. Article 18 The Ship Survey Organization shall, according to the rules and Article 19 With the exception of the provisions of Article 31 of these Article 20 Surveyors of the Ship Survey Organization shall be equipped Article 21 Surveyors shall be provided with necessary facilities by the Article 22 The Ship Survey Organization shall levy survey fees according Article 23 A person or party concerned who disagrees with the Ship Survey Article 24 No work unit or individual shall alter or forge the Article 25 The administrative rules concerning the resident Article 26 The Register of Shipping or its entrusted survey organizations Article 27 Those who forge the certificates of ship survey or arbitrarily Article 28 Surveyors of the Ship Survey Organization shall be given Article 29 For the purpose of these Regulations: a. "Ship" means any displacement or non-displacement ships and crafts, b. "Offshore installations" means any fixed or mobile structures and c. "Coastal waters" means any coastal ports, continental waters, Article 30 Surveys of auxiliary fishing vessels engaged in international Article 31 Survey of petroleum and natural gas production facilities Article 32 These Regulations are not applicable to the following ships: a. Ships used in the military and in public security and sports crafts; b. Ships that are not necessary to be registered according to the Article 33 The Ministry of Communications shall be responsible for the Article 34 These Regulations shall come into force from the date of
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implemented on the principle of "Safety first, quality first", while the
development and adoption of up-to-date techniques shall be encouraged.
Chapter II Survey of Ships
respectively:
in charge of transport and communications under the People's Governments of
provinces, autonomous regions and municipalities directly under the Central
Government;
Register of Shipping.
Organizations hereinafter.
Survey Organization for:
conversion;
ones.
ships concerning the navigation safety at sea and the prevention of pollution
of marine environment shall be subject to surveys by the Ship Survey
Organization in accordance with the relevant rules and regulations.
including gross tonnage and net tonnage measurement as well as verification
and ratification of loadlines and passenger quotas by the Ship Survey
Organization.
mobile offshore platforms engaged in offshore drilling and exploring
activities in the coastal waters of China shall apply to the Ship Survey
Organization established or designated by the Register of Shipping for:
docks and other giant floating units taken in towage in the coastal waters of
China must apply to the Ship Survey Oganization established or designated by
the Register of Shipping for towing surveys prior to operation.
Ship Survey Organization for an occasional survey in case of one of the
following circumstances:
in the certificate, or
Organization, or
or environmental protection.
the Ship Survey Organization established or designated by the Rgister of
Shipping for an occasional survey in either case of the above-mentioned (a)
and (d).
Classification Society for classification surveys:
regulations, issue a corresponding certificate to the ship which is surveyed
up to the standard.
Chapter III Survey of Offshore Installations
Regulations, owners or operators of offshore installations must apply to the
Ship Survey Organization established or designated by the Register of Shipping
for corresponding surveys as follows:
accident;
authority in charge of maritime safety or environmental protection.
regulations, issue a corresponding certificate to the offshore installation
which is surveyed up to the standard.
Chapter IV Survey of Containers
Survey Organization established or designated by the Register of Shipping for
corresponding surveys as follows:
regulations, issue a corresponding certificate to the container which is
surveyed up to the standard.
Chapter V Management of Survey
Regulations, survey procedures and technical rules of ships, offshore
installations and containers shall be formulated by the Register of Shipping,
and to be promulgated and implemented thereafter with the approval of the
competent authority in charge of transport and communications under the State
Council.
with professional knowledge and survey skills, and shall undergo examination
for qualification.
work unit concerned when they are carrying out surveys or technical and
analytical investigations for an accident.
to the provisions, which shall be formulated by the competent authority of
transport and communications under the State Council in consultation with the
financial department and the department in charge of commodity prices under
the State Council.
Organization about the decision, may appeal to a higher survey body for a
review of the case, and may appeal to the Register of Shipping for a further
review of the case, where the findings of the first review is still
unacceptable. The final conclusion shall be confirmed by the Register of
Shipping where an organized working group of technical experts shall undertake
special investigations and assessments of the case.
certificate of survey or arbitrarily alter loadlines determined and marked by
the Ship Survey Organization.
representative offices established and surveyors assigned by foreign ship
survey organizations within the territory of China shall be formulated by the
competent authority in charge of transport and communications under the State
Council.
Chapter VI Penalty Provisions
are authorized to withdraw those signed and issued certificates of survey that
are altered, found with an arbitrary alteration of the loadlines or obtained
through fraudulent acts. The holders of the above-mentioned certificates shall
be instructed to take corrective actions and to go through all necessary
procedures concerned.
alter the loadlines shall be subject to the penalty of criticism by the
competent authority through circulars or shall be imposed fines of up to five
times the survey fees. If any of the acts constitutes a crime, criminal
responsibility shall be investigated according to law by the judicial
departments.
disciplinary sanctions by their work units or shall be removed from their
posts when found to have abused their power, practised graft and embezzlement
or neglected their duties. In serious cases where the acts constitute a crime,
criminal responsibility shall be investigated according to law by the judicial
department.
Chapter VII Supplementary Provisions
hydroplanes, submersibles and diving systems, and mobile drilling units;
devices of various kinds above or under water and fixed platforms;
territorial waters and other waters under the jurisdiction of the People's
Republic of China.
service shall be conducted according to these Regulations, while survey
regulations for all other fishing vessels shall be formulated separately by
the competent authority in charge of fishery under the State Council.
related to the offshore installations shall be formulated separately by the
competent authority of petroleum in consultation with the competent authority
of transport and communications under the State Council.
Registration Regulations.
interpretation of these Regulations.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rgsosaoi673