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Measures of the State Council for the Administration of Foreign Investors' Participation in the Salvage of Sunken Vessels and Objects in Coastal Waters of China (2016 Revision) [Effective]
国务院关于外商参与打捞中国沿海水域沉船沉物管理办法(2016修订) [现行有效]
【法宝引证码】

Measures of the State Council for the Administration of Foreign Investors' Participation in the Salvage of Sunken Vessels and Objects in Coastal Waters of China 

国务院关于外商参与打捞中国沿海水域沉船沉物管理办法

(Promulgated by the Order No. 102 of the State Council of the People's Republic of China on July 12, 1992; revised according to the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on January 8, 2011 for the first time; and revised according to the Decision of the State Council on Amending Some Administrative Regulations on February 2, 2016 for the second time) (1992年7月12日中华人民共和国国务院令第102号发布 根据2011年1月8日《国务院关于废止和修改部分行政法规的决定》第一次修订 根据2016年2月6日《国务院关于修改部分行政法规的决定》第二次修订)

Article 1 These procedures are formulated to strengthen control over foreign businesses in participating in the salvaging of sunken ships and sunken articles in China's coastal waters to safeguard the lawful rights and interests of the various parties concerned. 
Article 2 These procedures apply to activities involving salvaging of sunken ships and sunken articles of commercial value in China's coastal waters with the participation of foreign businesses.   第一条 为加强对外商参与打捞中国沿海水域沉船沉物活动的管理,保障有关各方的合法权益,制定本办法。
These procedures are not applicable in case that the sunken ships and sunken articles in China's coastal waters are salvaged by the owners themselves or agencies entrusted by the owners. 
Article 3 Definitions of terms used in these procedures:   第二条 本办法适用于外商参与打捞中国沿海水域具有商业价值的沉船沉物活动。
(1)Foreign businesses refer to foreign enterprises, other economic organizations or individuals. 沉船沉物的所有人自行打捞或者聘请打捞机构打捞其在中国沿海水域的沉船沉物,不适用本办法。
(2) Coastal waters refer to inland sea and territorial sea of the People's Republic of China (PRC) and sea areas under the jurisdiction of PRC. 
(3) Sunken ships and sunken articles refer to all kinds of ships and articles, including their main bodies and equipment, all goods and other articles on board, that have sunken under surface of China's coastal waters or buried under mud on the seabed.   第三条 本办法下列用语的定义:
Sunken naval ships and weaponry of important military value and sunken ship and sunken articles specified as cultural relics are not included in the category of objects to be salvaged with the participation of foreign businesses. (一)外商,是指外国的企业或者其他经济组织或者个人。
(4) Salvage operations refer to the engineering operations on the sunken ships and sunken articles, including scanning, measuring, surveying and probing as well as actual lifting and related activities, carried out in accordance with the joint salvage contract or the contract for the Chinese-foreign cooperative salvage enterprise. (二)沿海水域,是指中华人民共和国内海、领海和属于中华人民共和国管辖的其他海域。
(5) Salvage operators refer to the agencies or individuals actually engaged in salvage operations. (三)沉船沉物,是指沉没于中国沿海水域水面以下或者淤埋海底泥面以下的各类船舶和器物,包括沉船沉物的主体及其设备、所载的全部货物或者其他物品。
Article 4 The Chinese government protects by law the legitimate income and other lawful rights and interests of the Chinese and foreign parties to the undertaking of salvaging sunken ships and sunken articles in China's coastal waters (hereinafter referred to as Sino-foreign salvage parties). 具有重要军事价值的沉没舰船和武器装备及被确认为文物的沉船沉物不在外商参与打捞的对象之列。
Sino-foreign salvage parties in all their activities must abide by PRC's relevant laws, regulations and rules and accept control and supervision of Chinese government departments in charge. (四)打捞作业,是指根据共同打捞合同或者中外合作打捞企业合同,对沉船沉物进行的各种施工活动,包括扫测探摸、实施打捞及相关的活动。
Article 5 The Ministry of Communications of PRC is in charge of matters related to the participation of foreign businesses in the salvaging of sunken ships and sunken articles in China's coastal waters. (五)打捞作业者,是指具体实施打捞作业的单位或者个人。
Article 6 Participation of foreign businesses in the salvaging of sunken ships and sunken articles in China's coastal waters can take the following forms: 
(1) Foreign businesses can conclude with the Chinese party a joint salvage contract which stipulates their mutual rights and obligations in their salvage operations;   第四条 中国政府依法保护参与打捞中国沿海水域沉船沉物的中外双方(以下简称参与打捞的中外双方)的应得收益和其他合法权益。
(2) Foreign businesses can set up with the Chinese party a Chinese-foreign cooperative salvage enterprise. 参与打捞的中外双方的一切活动必须遵守中华人民共和国的有关法律、法规和规章,接受中国政府有关主管部门的管理与监督。
Article 7 The objects for salvage must be clearly stated in the joint salvage contract and the contract for the cooperative salvage enterprise. Chinese and foreign salvage parties shall not decide on their own to salvage sunken ships and sunken articles that are found in their operations but are not included in the contracted objects for salvage. 
Article 8 The Ministry of Transport of the People's Republic of China is responsible for uniformly organizing negotiations with foreign investors on salvaging sunken vessels and objects in coastal waters of China, deciding salvaging projects, and arranging for Chinese salvage operators and foreign investors to enter into joint salvage contracts or contracts on Chinese-foreign contractual salvage enterprises according to the law. Salvage operations involving military restricted zones and military administrative zones shall comply with the relevant provisions of the Law of the People's Republic of China on the Protection of Military Installations.   第五条 中华人民共和国交通部主管有关外商参与打捞中国沿海水域沉船沉物的事宜。
Article 9 Foreign investors and Chinese salvage operators shall enter into joint salvage contracts in accordance with the relevant provisions of the Contract Law of the People's Republic of China北大法宝. After signing joint salvage contracts, foreign investors shall apply to the administrative departments for industry and commerce for business registration as legally required and handle tax registration formalities with local tax authorities. 
Foreign businesses and Chinese salvage operators in forming cooperative salvage enterprises should perform the procedures for approval and registration in accordance with stipulations of the Law of PRC on Chinese-Foreign Contractual Joint Ventures快醒醒开学了.   第六条 外商参与打捞中国沿海水域沉船沉物,可以采取下列方式:
Article 10 In the case of foreign businesses taking part in salvaging sunken ships and sunken articles in the inland sea or territorial sea of PRC, the foreign businesses should bear all the coasts and economic risks involving throughout the period of salvage operations. Chinese salvage operators are responsible for coordination work with the departments concerned, attend to the performance of necessary procedures and exercise supervision and protection of salvage operations. (一)与中方打捞人签订共同打捞合同,依照合同规定的双方权利和义务,实施打捞活动;
In the case of foreign businesses taking part in salvaging sunken ships and sunken articles in sea areas outside PRC inland or territorial sea but under PRC jurisdiction, the foreign businesses should bear all costs and economic risks involved in scanning, measuring, surveying and probing operations. If a decision is taken to carry out a salvage operation, the Chinese and foreign operators will proceed with the operations in accordance with their contracts. (二)与中方打捞人成立中外合作打捞企业,实施打捞活动。
Article 11 With conditions being equal, foreign businesses should give preference to Chinese salvage operators from whom to rent ships and equipment and hire labor services needed in the implementation of the joint salvage contract. 
Article 12 The objects retrieved through salvage operations with the participation of the foreign businesses on sunken ships and sunken articles in China's coastal waters (hereinafter referred to as retrieved objects) should be disposed of in the following manners:
......
   第七条 共同打捞合同和中外合作打捞企业合同必须有明确的打捞标的。参与打捞的中外双方在打捞过程中发现的不属于合同标的的其他沉船沉物,不得擅自实施打捞。
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