The Maritime Safety Administration of the People's Republic of China issued the Provisions on the Supervision and Administration of Key Tracking Ships
Focus on following up regulations on ship supervision and administration
Chapter I General provisions
Article 1 In order to ensure the safety of life and property on the water, strengthen the safety administration of ships, prevent pollution caused by ships in the water area, standardize and focus on the supervision and administration of ship tracking, These Provisions are formulated in accordance with the Maritime Traffic Safety Law of the People's Republic of China, the Marine Environmental Protection Law of the People's Republic of China, the Regulations of the People's Republic of China on the Administration of Inland River Traffic Safety, the Rules of the People's Republic of China on Ship Safety Supervision and the Regulations on the Administration of Maritime Law Enforcement Cooperation.
Article 2 These Provisions shall apply to ships of Chinese nationality and ships of foreign nationality sailing, berthing or operating in waters under China's jurisdiction. This provision shall not apply to military vessels, fishing vessels and sports vessels.
Article 3 The Maritime Safety Administration of the People's Republic of China (hereinafter referred to as the China Maritime Safety Administration) shall be uniformly responsible for the supervision and administration of key tracking vessels throughout the country. The units or departments directly under the maritime administration and the people's governments of provinces, autonomous regions and municipalities directly under the Central government to assume the responsibility of water traffic safety supervision (hereinafter referred to as the provincial maritime administration) are responsible for the examination and approval of the inclusion and departure of vessels; Responsible for publishing and updating the list of key tracking vessels; To be responsible for the supervision and inspection of ship supervision and management within the jurisdiction. Branch maritime management agencies and prefecture-level units or departments responsible for water traffic safety supervision (hereinafter referred to as prefecture-level maritime management agencies) are responsible for reporting to provincial maritime management agencies to be included in or out of the list of key tracking ships and related information; To be responsible for the supervision and inspection of key tracking ships and the assessment of the safety and technical status of ships to be removed from key tracking.
Chapter II Ships are included in key tracking
Article 4 The following vessels shall be listed as key tracking vessels: (1) Vessels of Chinese nationality are detained twice in ship safety inspection (including overseas port state supervision and inspection) within 12 consecutive months; Ships of foreign nationality are detained twice in port State supervision and inspection within 12 consecutive months; (B) within 12 consecutive months due to insufficient staffing, malicious closure of the ship automatic identification system (AIS), intentional illegal discharge, overloading, inland vessels involved in sea transport and other serious illegal acts have been administrative penalties for two times; (C) after the occurrence of maritime administrative violations, refusing to accept or evading handling; (4) carrying out major alterations to a ship without authorization by holding a ship certificate that is forged, altered, transferred, bought, sold or leased, or without inspection and approval by a ship inspection authority; (5) major or above water traffic accidents and bear equal or above responsibilities; (6) Focus on tracking all ships managed by shipping companies; (7) ships that should be included in the key tracking according to the Provisions on the Administration of Maritime Law Enforcement Cooperation; (8) Ships designated by the Maritime Safety Administration of China as needing to be tracked.
Article 5 The prefecture-level maritime administrative authority finds that the vessel exists in the circumstances listed in Article 4 (1) to (7), shall, within 5 working days, submit to the provincial maritime administrative authority the application for inclusion in the key tracking vessel and related materials. After receiving the application submitted by the prefecture-level maritime administrative agency, the provincial maritime administrative agency shall verify the ship's situation, confirm that the ship should be listed as a key tracking vessel, and complete the approval, list update and release work within 7 working days; If it is confirmed that it should not be included, the relevant prefecture-level maritime administrative agency shall be notified.
Article 6 If the provincial maritime administrative authority finds that the vessel exists in the circumstances listed in Article 4 (1) to (7), it is confirmed that the vessel should be listed as a key tracking vessel, or receives the notice designated by the China Maritime Safety Administration, it shall complete the approval, list update and release work within 7 working days.
Chapter III focuses on ship monitoring
Article 7 The maritime administrative agency shall carry out ship safety inspection on key tracking vessels, which shall not be affected by factors such as the shipment date and loading and unloading of goods. Detailed inspection shall be carried out during the implementation of ship safety inspection, and if the inspection cannot be carried out for any reason, it shall be reported to the provincial maritime administrative authority within 2 days after the vessel sails, and a special record ledger shall be established for reference.
Article 8 A ship management company with a ship listed in the key tracking shall increase the intensity and frequency of its daily supervision and inspection. When conducting safety management system audit on key tracking ships and ship management companies with ships included in key tracking, relevant rectification measures taken by ships and shipping companies shall be included in the scope of audit.
Article 9 The maritime administration of the port of registration shall take measures to strengthen the supervision and administration of the Hong Kong key tracking vessels, track and evaluate the safety and technical status of the vessels in the port of registration that have been included in the key tracking.
Chapter IV: The ship disengages from key tracking
10th due to the circumstances listed in article 4 (except for item 6) is included in the key tracking of Chinese ships, from the date of inclusion of 3 months, the shipping company can be the port of registration of the municipal maritime administration to apply for separation from the key tracking (the form of the application form is shown in the attached table), and submit the shipping company's rectification report and relevant rectification evidence materials. Due to Article 4 (6) included in the key tracking of Chinese ships, shipping companies out of the key tracking, the shipping company may be the port of registration of the municipal maritime management agency to separate from the key tracking application (application form see the attached table).
Article 11 For vessels of Chinese nationality that apply for separation from key tracking, the maritime administrative authority at the municipal level of the port of registration shall organize and carry out the assessment of the ship's safety technical status within one month for the reasons included in the key tracking. The contents of the assessment include: (1) the rectification of the shipping company and the ship leading to the problems listed in the key tracking; (2) For vessels of Chinese nationality listed in the circumstances listed in Article 4 (except item 6), the maritime administration at the municipal level of the port of registration shall organize and carry out ship safety inspection to assess the safety and technical status of the vessel; If it is not possible to carry out ship safety inspection, the safety and technical status of the ship shall be assessed through the daily management of the company and the ship safety inspection records included in the key tracking.
Article 12 For Chinese ships that can be released from key tracking after evaluation, the municipal maritime administrative agency of the port of registration shall submit an application for the ship from key tracking and relevant rectification evidence materials to the provincial maritime administrative agency within 5 working days after evaluation. In case of dismantling and loss of the ship, the municipal maritime administrative authority of the port of registry shall, after verification, submit the application for leaving the ship from the key tracking and relevant materials to the provincial maritime administrative authority.
Article 13 If a ship of foreign nationality listed in the key tracking has zero defects in the port state supervision and inspection carried out by the maritime administration of the People's Republic of China three months after the date of listing, the maritime administration of the port of inspection shall submit the application for leaving the key tracking ship and related materials to the provincial maritime administration within five working days after the inspection.
Article 14 After receiving the application submitted by the maritime administrative authority of the port of registration and the port of inspection, the provincial maritime administrative authority shall verify the situation of the ship, confirm that the key tracking should be lifted, and complete the approval, list update and release work within 7 working days.
Article 15 Where a ship occurs in each of the circumstances listed in items (1) to (5) of Article 4 during the focused tracking period, it may apply for the time of disengagement to be extended by three months from the last date of disengagement.
Article 16 For vessels of Chinese nationality that fail to depart within 12 months after being listed in the key tracking list, the maritime administrative authority of the port of registration shall make an interview with the shipping company that the vessel belongs to.
Chapter V Supplementary Provisions
Article 17 Maritime management agencies at all levels shall complete the relevant work of focusing on tracking the inclusion and separation of ships through the information system.
Article 18 The maritime administrative agencies at all levels shall establish account records for the supervision and inspection work of focusing on tracking ships and keep relevant written materials.
Article 19 Where the basic information of the ship is focused on tracking, such as the change of the owner, management company, ship name, port of registration, etc., the ship is still focused on tracking the ship.
Article 20 The Chinese Maritime Safety Administration shall be responsible for the interpretation of these provisions.
Article 21 These provisions shall come into force as of December 1, 2023. The Notice of the Maritime Safety Administration of the People's Republic of China on the issuance of the "Regulations on the Supervision and Administration of Key Tracking Vessels" (Sea Ship [2013] 328) shall be repealed at the same time.
Last article: 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)
Next article: 150000 DWT oil tanker settled in Yangpu Port of China
