Decision of the Ministry of Transport on Amending the Regulations of the People's Republic of China on the Administration of Seafarers' Assignment Abroad (Order No. 10, 2023 of the Ministry of Transport of the People's Republic of China)-Chinaxia ocean Shipping (Shandong) Co., Ltd.

Decision of the Ministry of Transport on Amending the Regulations of the People's Republic of China on the Administration of Seafarers' Assignment Abroad (Order No. 10, 2023 of the Ministry of Transport of the People's Republic of China)

The Decision of the Ministry of Transport on Amending the Regulations of the People's Republic of China on the Administration of Seafarers' Assignment Abroad, which was adopted at the 20th Ministerial Meeting on September 14, 2023, is hereby promulgated and shall come into force as of December 1, 2023.

Minister Li Xiaopeng

September 20, 2023

The Ministry of Transport has decided to make the following amendments to the "Regulations of the People's Republic of China on the Administration of Seafarers' Assignment Abroad" (Ministry of Transport Order No. 19, 2021) :

Paragraph 2 of Article 3 is amended as follows: "The Maritime Safety Administration of the Ministry of Transport shall be uniformly responsible for the supervision and administration of seafarers' assignment abroad throughout the country"; The third paragraph is amended as follows: "The maritime administrative agency directly under the Ministry of Transport (hereinafter referred to as the maritime administrative agency directly under the Ministry of Transport) shall be responsible for the specific implementation of the supervision and administration of seafarers' assignment abroad in accordance with its respective duties."

(2) Paragraph 3 of Article 5 is amended as follows: "There are more than 3 managers familiar with seafarers' assignment business, including at least 2 full-time managers with international sailing ship management level crew qualifications and 1 full-time manager with more than two years of seafarers' assignment related experience"; The fourth item is amended as follows: "There is a sound internal management system and emergency response system, including crew service quality, personnel and resources guarantee, education and training, service business report and emergency response plan."

Article 7 is amended as follows: "The application for the assignment of seafarers shall be submitted to the maritime administration directly under the place of their domicile, where there is no maritime administration directly under the place of domicile, it shall be submitted to the maritime administration directly under the maritime administration designated by the Ministry of Transport."

Article 8 is amended as follows: "The maritime administrative agency directly under the Maritime administration shall carry out the licensing work in accordance with the Provisions on the Procedures for the Implementation of Traffic Administrative Licensing."

Article 9 is amended as follows: "The maritime administrative agency directly under the maritime administration shall complete the examination within 15 working days from the date of acceptance of the application and make a decision on approval or disapproval." If approval is granted, electronic or paper-based qualification certificates of seafarers' assignment agencies shall be issued; If no approval is granted, the applicant shall be notified in writing and the reasons shall be explained.

The validity period of the qualification certificate of the seafarer's expatriate agency shall not exceed 5 years, and the e-certificate shall have the same validity as the paper certificate."

Article 10 is amended as follows: "The maritime administrative agency directly under the maritime administration shall, within 15 days from the date of issuing the qualification certificate, submit the list of seafarers' dispatched agencies to the Maritime Safety Administration of the Ministry of Transport, and the Ministry of Transport shall promptly notify the Ministry of Foreign Affairs and the Chinese embassies and consulates abroad."

7. In Article 11, "go through the alteration procedures with the maritime administrative agency" is amended to "Apply for the alteration procedures with the maritime administrative agency directly under the maritime administration".

Paragraph 3 of Article 13 shall be deleted.

9. In Article 14, "Seafarers' assignment agency shall apply for annual audit to the maritime administrative agency under its jurisdiction before February 1 of each year" is amended to "Seafarers' assignment agency shall apply for annual audit to the maritime administrative agency directly under the certificate within 60 days before the anniversary of the qualification certificate".

Article 16 is amended as follows: "If the seafarer dispatch agency fails the annual examination, the maritime administrative agency directly under the maritime administration shall order correction within a time limit and publicize it to the public in a timely manner, and urge the seafarer dispatch agency to continue to assume the management responsibility for the seafarer who has been dispatched; If the correction is made on time, the maritime administrative agency directly under the maritime administration shall indicate the situation in the annual examination column of the qualification certificate of the seafarer's assignment agency and pass the annual examination; If it fails to correct within the time limit and no longer meets the qualification conditions, the maritime administrative agency directly under the maritime administration shall revoke the qualification of its seafarer assignment agency and go through the cancellation procedures according to law."

Article 17 shall be deleted.

Article 18 is changed to Article 17, and the "maritime administrative agency under its jurisdiction" is amended to "the maritime administrative agency directly under the authority that issues the certificate".

13. Article 19 is changed to Article 18, and the "to the maritime administrative agency that issues the certificate for cancellation of the qualification certificate" is amended to "to apply for cancellation of the qualification certificate for the maritime administrative agency directly under the issuance of the certificate".

Article 20 is changed to Article 19, and the first paragraph is amended as follows: "The seafarers' dispatch office shall deposit the seafarers' dispatch fund in accordance with the provisions." Seafarers' petty funds sent abroad shall be stored in special accounts and dedicated to special purposes." In the second paragraph, "management of the use of imprest funds" is amended to "management of the amount of deposit and use of imprest funds".

Article 23 is changed to Article 22, and the first paragraph is amended as follows: "In providing services to seafarers dispatched abroad, the seafarers dispatched abroad shall sign a written service contract or labor contract with the seafarers dispatched abroad"; A new paragraph is added as the second paragraph: "The written service contract shall include the management and service responsibilities of seafarers dispatched by the seafarers' expatriate agency during their work, the placement responsibilities of seafarers dispatched abroad in the event of an emergency, and the liability for breach of contract." The labor contract shall be executed in accordance with the relevant laws and regulations of the State labor contract." Delete paragraph 3.

Article 26 is changed to Article 25, and item 7 is amended to read: "Financial guarantees obtained by shipowners of overseas ships to ensure that seafarers dispatched abroad are compensated for personal accidents, diseases, etc.".

Article 28 is changed to Article 27 and amended as follows: "Before sending seafarers abroad to work on board the ship, the agency shall ensure that the dispatched seafarers sign an employment agreement with the owner of the ship abroad, and the agreement shall include at least the following contents:

(1) all provisions in the ship's manning service agreement concerning the interests of seafarers dispatched abroad;

(2) the management and service responsibilities of the owners of overseas ships during the working period of seafarers dispatched abroad;

(3) the responsibility of the owner of the overseas ship for the placement of seafarers dispatched abroad in case of emergency;

(4) Liability for breach of contract.

The seafarer's assignment agency shall be responsible for reviewing the contents of the employment agreement, and if it finds that it does not comply with the provisions of the ship's assignment service agreement on the protection of the rights and interests of seafarers assigned abroad, does not comply with the provisions of laws and regulations and relevant international conventions, or there are provisions infringing on the interests of seafarers assigned abroad, it shall request the owner of the overseas ship to correct it in time. And inform expatriate seafarers not to enter into employment agreements with the owners of foreign ships until corrected."

Article 31 is changed to Article 30, and subparagraph 4 of paragraph 1 is amended to read: "Written service contract or labor contract for dispatched seafarers, ship staffing service agreement, employment agreement, etc."; The second paragraph is amended as follows: "Seafarers' dispatch agencies shall, in accordance with relevant provisions, submit statistical data and relevant file information to the maritime administrative agencies directly under them."

Article 33 is changed to Article 32 and amended as follows: "Where the seafarers' assignment agency ceases to operate or its qualification is revoked or revoked, proper arrangements shall be made for the seafarers assigned to the ship, and the arrangement plan shall be submitted to the direct maritime administrative agency for the record."

The maritime administration directly under the Ministry of Transport shall submit the arrangement plan to the Maritime Safety Administration of the Ministry of Transport, and the Ministry of Transport shall promptly notify the Ministry of Foreign Affairs and relevant embassies and consulates."

The title of Chapter IV is amended as "Handling of Overseas Emergencies".

Article 34 shall be changed to Article 33 and amended as: "When an overseas emergency occurs, the seafarers' dispatch agency shall, in accordance with the provisions of the emergency handling system, immediately launch an emergency plan and promptly report to the local people's government and the maritime administrative agency directly under it."

Article 22 and Article 36 are changed to Article 35 and amended as follows: "When the seafarers' dispatch agency refuses to bear or is unable to bear the responsibility for an overseas emergency, the maritime administrative agency directly under the maritime administration may use the seafarers' dispatch reserve fund to pay for the expenses of returning to China or receiving other emergency assistance."

Article 23 and Article 37 shall be changed to Article 36, and the "30 days" shall be changed to "20 working days".

Article 38 is changed to Article 37 and amended as follows: "Handling of overseas emergencies shall be carried out in accordance with the Maritime Traffic Safety Law of the People's Republic of China and relevant provisions on foreign labor cooperation."

25, Article 43 is changed to Article 42, which "by the maritime administrative agency to submit to the market supervision and management department in accordance with the provisions of the" unlicensed and unlicensed business investigation and punishment "is amended to" by the maritime administrative agency ordered to correct, imposed a fine of more than 20,000 yuan and less than 100,000 yuan "; Delete the second item.

26. Article 44 is amended to Article 43, and the "boarding agreement" in subparagraphs 2 and 3 is amended to "written service Contract"; Add a new paragraph as the fifth paragraph: "ceases to carry out the business of sending seafarers abroad and fails to make arrangements for the dispatched seafarers".

27. A new article is added as Article 44: "If, in violation of these provisions, the seafarers' dispatch office fails to pay the imprest fund in full or fails to make up the imprest fund on time, the maritime administrative agency shall punish it in accordance with Article 41 of the Regulations on the Administration of Foreign Labor Cooperation."

28. A new article is added as Article 45: "In violation of these provisions, the seafarers' dispatch agency fails to submit information as required, the maritime administrative agency shall punish it in accordance with Article 58 of the Regulations on Seafarers of the People's Republic of China."

29. Article 46 is changed to Article 47, and subparagraph 1 is amended as follows: "The assignment of seafarers abroad refers to the activities of providing crew service for ships not flying the flag of the People's Republic of China"; Paragraph 2 is amended as follows: "shipowners of overseas ships mean owners, operators or managers of ships that do not fly the flag of the People's Republic of China"; The fourth item is amended as follows: "Overseas emergencies refer to events that occur during the period when Chinese sailors are assigned to work abroad, which have caused or may cause harm or impact due to economic disputes, natural disasters, social unrest, pirate attacks, wars, public health incidents, etc., and need to take emergency measures to deal with them."

One article is added as Article 49: "The style of the qualification certificate of the seafarers' dispatch agency shall be uniformly stipulated by the Maritime Safety Administration of the Ministry of Transport."

31. The words "overseas shipowner" in Articles 25, 26, 29, 35 and 44 shall be amended as "overseas shipowner".

The serial numbers and individual words of the articles are adjusted accordingly.

This decision shall come into force on December 1, 2023.

The Provisions of the People's Republic of China on the Administration of Seafarers' Assignment Abroad shall be amended accordingly and repromulgated in accordance with this Decision.

Provisions of the People's Republic of China on the Administration of Seafarers' assignment abroad

(On March 7, 2011, the Ministry of Transport issued the first amendment in accordance with the Decision of the Ministry of Transport on amending the Regulations of the People's Republic of China on the Administration of Seafarers' Assignment Abroad on April 11, 2016, and the second amendment in accordance with the decision of the Ministry of Transport on amending the Regulations of the People's Republic of China on the Administration of Seafarers' Assignment Abroad on November 28, 2019 Amended the third time in accordance with the Decision of the Ministry of Transport on Amending the Regulations of the People's Republic of China on the Administration of Seafarers' Assignment Abroad of August 11, 2021 and the fourth time in accordance with the Decision of the Ministry of Transport on Amending the Regulations of the People's Republic of China on the Administration of Seafarers' Assignment Abroad of September 20, 2023)

Chapter I General provisions

Article 1 These Provisions are formulated in accordance with the Regulations of the People's Republic of China on Seafarers' assignment abroad and other laws and regulations for the purpose of regulating the administration of seafarers' assignment abroad, improving the overall quality and international image of Chinese seafarers assigned abroad, safeguarding the legitimate rights and interests of seafarers assigned abroad, and promoting the healthy development of seafarers' assignment abroad.

Article 2 These Provisions shall apply to organizations lawfully established within the territory of the People's Republic of China engaged in seafarers' assignment activities.

Article 3 The Ministry of Transport shall be in charge of the overseas assignment of seafarers throughout the country.

The Maritime Administration of the Ministry of Transport shall be responsible for the supervision and administration of seafarers' assignment abroad.

The maritime administrative agency directly under the Ministry of Transport (hereinafter referred to as the maritime administrative agency directly under the Ministry of Transport) shall be responsible for the specific implementation of the supervision and administration of seafarers' assignment abroad in accordance with its respective duties.

Article 4 The sending of seafarers shall follow the principle of "He who sends, he who is responsible". The institution engaged in sending seafarers abroad shall be responsible for the seafarers dispatched by it, and ensure the work of the seafarers sent abroad during their work on the ship and during the process of boarding and disembarking from the ship.

Chapter II Qualifications of seafarers' dispatch agencies

Article 5 An institution engaged in the assignment of seafarers abroad shall meet the following conditions:

(1) meet the requirements for enterprise legal person;

(2) The paid-in registered capital is not less than 6 million yuan;

(3) There are more than 3 managers who are familiar with seafarers' assignment business, including at least 2 full-time managers who have the qualifications of management crew of international sailing ships and 1 full-time managers who have more than two years' experience in seafarers' assignment;

(D) have a sound internal management system and emergency response system, including crew service quality, personnel and resources support, education and training, service business report and emergency response plan;

(5) The legal representative has no intentional criminal record.

Article 6 An institution applying for the assignment of seafarers abroad shall submit relevant certification materials in accordance with Article 5 of these provisions.

Article 7 An institution applying for the assignment of seafarers abroad shall submit an application to the maritime administration directly under its domicile. If there is no maritime administration directly under its domicile, it shall submit an application to the maritime administration directly under the Maritime Administration designated by the Maritime Administration of the Ministry of Transport.

Article 8 The maritime administrative agency directly under the maritime administration shall carry out the licensing work in accordance with the Provisions on the Procedures for the Implementation of Traffic Administrative Licensing.

Article 9 The maritime administrative agency directly under the maritime administration shall complete the examination within 15 working days from the date of accepting the application and make a decision on approval or disapproval. If approval is granted, electronic or paper-based qualification certificates of seafarers' assignment agencies shall be issued; If no approval is granted, the applicant shall be notified in writing and the reasons shall be explained.

The validity period of the qualification certificate of seafarer's expatriate agency shall not exceed 5 years, and the electronic certificate shall have the same validity as the paper certificate.

Article 10 The maritime administrative agency directly under the maritime administration shall, within 15 days from the date of issuing the qualification certificate, submit the list of seafarers' dispatched agencies to the Maritime Safety Administration of the Ministry of Transport, and the Ministry of Transport shall timely inform the Ministry of Foreign Affairs and the Chinese embassies and consulates abroad.

Article 11 Where the name, address, legal representative, etc. of the institution recorded in the quality certificate of the seafarer's dispatched institution is changed, the seafarer's dispatched institution shall, within 30 working days from the date of the change, apply to the maritime administrative institution directly under the maritime administration for the change.

Article 12 When an overseas enterprise or institution recruits seafarers sent abroad within the territory of China, it shall entrust the seafarers' sending office to do so.

Foreign representative offices in China shall not carry out the business of sending seafarers abroad.

Article 13 An annual examination system shall be implemented for the qualifications of seafarers' assignment agencies.

The annual audit mainly reviews the qualification conditions of seafarers' expatriate agencies and their lawful and standardized operation.

Article 14 The seafarers' dispatch agency shall, within 60 days before the anniversary of the qualification certificate, apply to the maritime administrative agency directly under the maritime administration that issues the certificate for annual examination, and submit the following materials:

(1) Application documents for annual examination;

(2) The annual audit report, including the qualification conditions of seafarers' assignment agencies, the effective operation of various systems and the implementation of these provisions.

15th seafarer dispatch agency through the annual examination, the direct maritime administrative agency shall be in its seafarer dispatch agency qualification certificate of the annual examination column to endorse.

Article 16 If the seafarers' dispatch agency fails the annual examination, the maritime administrative agency directly under the seafarers' dispatch agency shall order correction within a time limit and timely publicize it to the public, and urge the seafarers' dispatch agency to continue to assume the management responsibility for the seafarers already dispatched; If the correction is made on time, the maritime administrative agency directly under the maritime administration shall indicate the situation in the annual examination column of the qualification certificate of the seafarer's assignment agency and pass the annual examination; If it fails to correct within the time limit and no longer meets the qualification conditions, the maritime administrative agency directly under it shall revoke the qualification of its seafarer assignment agency and go through the cancellation procedures according to law.

Article 17 The seafarers' assignment agency shall apply for the renewal of the seafarers' assignment agency qualification certificate to the maritime administrative agency directly under the maritime administration that issued the certificate 60 days before the expiration date of the qualification certificate of the seafarers' assignment agency. To apply for the renewal of the qualification certificate of seafarers' assignment agency, the following materials shall be submitted:

(1) Application for renewal of qualification certificate of seafarers' assignment agency;

(2) Materials specified in Article 6 of these Provisions.

Article 18 Under any of the following circumstances, the seafarers' dispatch agency shall apply to the maritime administrative agency directly under which the certificate is issued for cancellation of the qualification certificate:

(1) The seafarers' dispatch agency applies for cancellation on its own;

(2) The legal person terminates according to law;

(3) The qualification certificate of the seafarer's assignment agency is revoked or revoked according to law.

Article 19 The seafarer dispatch institution shall deposit the seafarer dispatch fund in accordance with the relevant provisions. Seafarers' expatriate petty funds shall be stored in special accounts for special purposes.

The amount of deposit and the administration of the use of the imprest fund shall comply with the state administration system on the imprest fund for foreign labor cooperation.

Chapter III Responsibilities and obligations of seafarers' dispatch agencies

Article 20 Seafarers' dispatch offices shall abide by the relevant provisions of the State on crew management, crew service management, crew documents management, labor and social security and foreign labor service cooperation, abide by the international conventions concluded or acceded to by the People's Republic of China, and fulfill the obligation of good faith.

Article 21 The seafarer assignment agency shall ensure the effective operation of the seafarer assignment management system stipulated in Article 5 (4) of these provisions.

Article 22 The seafarers' dispatch office shall sign a written service contract or labor contract with the seafarers dispatched abroad to provide such service.

The written service contract shall include the management and service responsibilities of seafarers dispatched by the seafarers' expatriate agency during their work, the placement responsibilities of seafarers dispatched abroad in case of emergency, and the liabilities for breach of contract. Labor contracts shall be executed in accordance with relevant laws and regulations of the State.

The dispatched seafarers shall sign with Chinese shipping companies or other relevant industry units

Where a labor contract is concluded, the seafarers' dispatching agency shall obtain prior consent from the seafarers' employing unit before assigning the seafarers.

Article 23 Seafarers' dispatch offices shall purchase overseas personal accident insurance for seafarers dispatched abroad according to law.

Article 24 The seafarers' dispatch office shall, on the premise of fully understanding and ensuring the good credit and operation of the owner of the overseas ship, sign the ship staffing service agreement with the owner of the overseas ship.

Article 25 The ship staffing service agreement signed between the seafarers' dispatch agency and the overseas ship owner shall comply with the requirements of domestic laws, regulations and relevant international conventions, and shall include at least the following contents:

(1) The responsibilities, rights and obligations of seafarers' dispatch agencies and owners of overseas ships. Including the number and quality requirements of the dispatched crew, the frequency of dispatch, the responsibility of training, and the responsibility sharing of the dispatched agency for the violation of the crew;

(2) the working and living conditions of seafarers dispatched abroad;

(3) the term of the agreement and the arrangements for the disembarkation and disembarkation of the dispatched seafarers;

(4) Wage and welfare benefits and payment methods;

(5) normal working hours, overtime work, extra labor, rest and vacation;

(6) the seaworthiness of the ship and the navigation area of the ship;

(7) financial guarantees obtained by shipowners of overseas ships to ensure that seafarers dispatched abroad receive compensation for personal accidents, diseases, etc.;

(8) Payment of social insurance;

(9) Tracking and management of dispatched seafarers;

(10) Handling emergencies;

(11) Repatriation of seafarers dispatched abroad;

(12) Handling the death or injury of seafarers dispatched abroad;

(13) Exemption clause for dispatched seafarers;

(14) Handling of special circumstances and disputes;

(15) Liability for breach of contract.

The seafarer's dispatch agency shall truthfully inform the seafarer of the contents related to the interests of the seafarer dispatched in the ship's dispatch service agreement.

Article 26 The seafarer dispatching agency shall, according to the situation of the flag state and company of the ship to be dispatched, send seafarers to conduct pre-service training on relevant laws and regulations, management systems, customs and precautions, and send seafarers to conduct necessary post skills training according to the actual needs of seafarers to be dispatched abroad.

Article 27 Before sending seafarers abroad to work on board, the seafarers dispatched abroad shall ensure that the seafarers dispatched abroad sign an employment agreement with the owners of overseas ships, which shall include at least the following contents:

(1) all provisions in the ship's manning service agreement concerning the interests of seafarers dispatched abroad;

(2) the management and service responsibilities of the owners of overseas ships during the working period of seafarers dispatched abroad;

(3) the responsibility of the owner of the overseas ship for the placement of seafarers dispatched abroad in case of emergency;

(4) Liability for breach of contract.

The seafarer's assignment agency shall be responsible for reviewing the contents of the employment agreement, and if it finds that it does not comply with the provisions of the ship's assignment service agreement on the protection of the rights and interests of seafarers assigned abroad, does not comply with the provisions of laws and regulations and relevant international conventions, or there are provisions infringing on the interests of seafarers assigned abroad, it shall request the owner of the overseas ship to correct it in time. It also advised expatriate seafarers not to sign an employment agreement with the owner of the ship before it was corrected.

Article 28 The seafarers' dispatch office shall establish a communication mechanism with overseas ship owners and seafarers to check and properly handle various complaints in a timely manner.

The seafarer's dispatch agency shall track and manage the personal safety, physical health, work skills and career development of seafarers sent abroad during their work, and provide necessary support for seafarers sent abroad to fulfill the ship allocation service agreement.

Article 29 The seafarers' dispatch office shall not collect fees from seafarers sent abroad for providing employment opportunities.

The seamen's dispatch office shall not withhold the remuneration of the seamen sent abroad.

The seafarers' dispatch agency shall not require the seafarers dispatched abroad to provide security money or security money.

Article 30 The seafarers' dispatch office shall establish information files for each seafarer sent abroad, which mainly include:

(1) the experience of seafarers dispatched abroad on board ships (including the name of the shipping company served and the ship, the port of registration, the country to which the ship belongs, the starting and ending time of boarding the ship, etc.);

(2) Basic safety training, competency training and special training for seafarers dispatched abroad;

(3) the fitness status, safety record and health of seafarers dispatched abroad;

(4) Written service contract or labor contract for dispatched seafarers, ship staffing service agreement, employment agreement, etc.

The seafarers' dispatch agency shall, in accordance with relevant provisions, submit statistical data and relevant file information to the maritime administrative agency directly under it.

Article 31 Seafarers' assignment agencies shall not assign seafarers to the following companies or ships:

(1) Ships blacklisted in the port State supervision and inspection;

(2) Ships not insured by insurance institutions within the territory of China or members of an international P&I association;

(3) Companies or ships that have not established a management system for safe operation and prevention of pollution from ships.

Article 32 Where the seafarers' assignment agency ceases operation or its qualification is revoked or revoked, it shall make proper arrangements for the seafarers assigned to the ship, and submit the arrangement plan to the maritime administrative agency directly under it for the record.

The maritime administrative agency directly under the Ministry of Transport shall submit the arrangement plan to the Maritime Safety Administration of the Ministry of Transport, and the Ministry of Transport shall promptly notify the Ministry of Foreign Affairs and relevant embassies and consulates.

Chapter IV Handling of overseas emergencies

Article 33 When an overseas emergency occurs, the seafarers' dispatch agency shall, in accordance with the provisions of the emergency handling system, immediately start an emergency plan and report to the local people's government and the maritime administrative agency directly under it in a timely manner.

Article 34 The seafarers' dispatch office shall work with the owners of overseas ships to handle emergencies. When the owner of an overseas ship fails to fulfill the responsibility for an emergency in a timely and comprehensive manner, the seafarers' dispatch office shall properly handle the emergency to avoid damage to the interests of the seafarers dispatched abroad.

Article 35 When the seafarers' dispatch agency refuses to bear or is unable to bear the responsibility for an overseas emergency, the maritime administrative agency directly under the maritime administration may use the seafarers' dispatch reserve fund to pay for the expenses of returning to China or receiving other emergency assistance.

Article 36 After the use of the seafarers' expatriate fund, the seafarers' expatriate agency shall make up the excess fund within 20 working days.

Article 37 Handling of overseas emergencies shall be carried out in accordance with the Maritime Traffic Safety Law of the People's Republic of China and relevant provisions on foreign labor cooperation.

Chapter V Supervision and inspection

Article 38 Maritime administrative agencies shall establish and improve the management files of seafarers' assignment agencies within their jurisdiction, and strengthen the supervision and inspection of seafarers' assignment agencies.

Article 39 In carrying out supervision and inspection, the maritime administrative agency may question the parties concerned, obtain information from the seafarers' assignment agencies or individuals concerned, consult and copy relevant materials, and keep the trade secrets or personal privacy of the seafarers' assignment agencies under investigation.

The seafarers' dispatch agency or individual subject to supervision and inspection by the maritime administrative agency shall truthfully report the situation and provide information, and shall not refuse or obstruct the inspection for any reason.

Article 40 Where the maritime administrative authority finds that the seafarers' dispatch agency no longer meets the prescribed conditions during supervision and inspection, the maritime administrative authority shall order it to make corrections within a time limit.

If the seafarers' assignment agency fails to make corrections within the prescribed time limit, the qualification of the seafarers' assignment agency shall be revoked according to law, and the qualification certificate of the seafarers' assignment agency shall be cancelled according to law.

Article 41 The maritime administrative agency shall regularly publish to the public the list of seafarers' agencies assigned abroad and their general situation, as well as the situation of performing corresponding duties and undertaking legal obligations according to law, safeguarding the lawful rights and interests of seafarers assigned abroad, and being honest and trustworthy.

Chapter VI Legal liability

Article 42 Those who, in violation of these Provisions, engage in seafarers' assignment activities without approval, under any of the following circumstances, shall be ordered by the maritime administrative agency to make corrections and imposed a fine of not less than 20,000 yuan but not more than 100,000 yuan:

(1) Assigning seafarers abroad without obtaining the qualification of the seafarers' assignment agency;

(2) Assigning seafarers abroad without authorization beyond the validity period of the qualification certificate of the seafarers' assigning agency;

(3) sending seafarers abroad without authorization during the period when the qualification of the seafarers' assignment agency is suspended according to law;

(4) forging or altering the qualification certificate of the seafarers' assignment agency to carry out the assignment of seafarers without authorization.

Article 43 In violation of these Provisions, seafarers' dispatch agency has one of the following circumstances, the maritime administrative agency in accordance with the provisions of Article 43 of the Regulations on the Administration of Foreign Labor Cooperation to punish:

(1) sending seafarers abroad without signing a ship staffing service agreement with an overseas ship owner;

(2) carrying out the service of seafarers dispatched abroad without signing a written service contract or labor contract with the seafarers dispatched abroad;

(3) signing written service contracts or labor contracts with seafarers dispatched abroad, concealing relevant information or providing false information;

(4) failing to deal with emergencies in a timely manner when they occur abroad;

(5) stopping the business of sending seafarers abroad and failing to make arrangements for the dispatched seafarers.

Article 44 If, in violation of these provisions, the seafarers' dispatch agency fails to pay the imprest fund in full or fails to make up the imprest fund on time, the maritime administrative agency shall punish the seafarers in accordance with Article 41 of the Regulations on the Administration of Foreign Labor Cooperation.

Article 45 In violation of these provisions, the seafarers' dispatch agency fails to submit information according to the provisions of the maritime administrative agency in accordance with the provisions of Article 58 of the Regulations on Seafarers of the People's Republic of China.

Article 46 In any of the following circumstances, the personnel of the maritime administrative agency shall be given administrative sanctions according to law:

(1) approving the qualification of seafarers' assignment agency in violation of regulations;

(2) failing to perform supervision and inspection duties according to law;

(3) failing to implement administrative compulsion or administrative punishment according to law;

(4) Other acts of abuse of power or neglect of duty.

Chapter VII Supplementary Provisions

Article 47 The meanings of the following terms in these Provisions are:

(1) The assignment of seafarers refers to the activities of providing crew service for ships not flying the flag of the People's Republic of China.

(2) shipowners of overseas ships refer to owners, operators or managers of ships not flying the national flag of the People's Republic of China.

(3) Self-assigned seafarers refer to seafarers who have only signed labor contracts with their own seafarers' assignment agencies.

(4) Overseas emergencies refer to those that occur during the assignment of Chinese sailors, which are caused or may cause harm or impact due to economic disputes, natural disasters, social unrest, pirate attacks, wars, public health incidents, etc., and need to take emergency measures to deal with them.

Article 48 Where China has signed agreements on foreign labor service cooperation with relevant countries or regions, the provisions of the agreements shall be implemented.

Article 49 The style of the qualification certificate of the seafarers' dispatching agency shall be uniformly stipulated by the Maritime Safety Administration of the Ministry of Transport.

Article 50 These provisions shall come into force as of July 1, 2011.

Related interpretation: Interpretation of the Decision of the Ministry of Transport on Amending the Provisions of the People's Republic of China on the Administration of Seafarers' Assignment Abroad