| Regulation of the People's Republic of China on Seamen | | 中华人民共和国船员条例 |
| (Promulgated by the Order No. 494 of the State Council on April 14, 2007; revised for the first time in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on July 18, 2013; and revised for the second time in accordance with the Decision of the State Council on Amending Some Administrative Regulations on December 7, 2013) | | （2007年4月14日中华人民共和国国务院令第494号公布 根据2013年7月18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2013年12月7日《国务院关于修改部分行政法规的决定》》第二次修订） |
| Chapter I General Rules | | 第一章 总 则 |
| Article 1 This Regulation is formulated for the purpose of strengthening the administration of seamen, improving their calibre, safeguarding their legal rights and interests, ensuring on-water traffic safety and protecting the waters environment. | | |
| Article 2 This Regulation applies to the registration, assumption of office, training and professional security of seamen and the provision of seaman service within the border of the People's Republic of China. | | 第一条 为了加强船员管理，提高船员素质，维护船员的合法权益，保障水上交通安全，保护水域环境，制定本条例。 |
| Article 3 The administrative department of transportation of the State Council shall be in charge of the administration of seamen across the whole nation. | | |
| The state maritime administrative organ shall be responsible for uniformly implementing the administrative work of seamen. | | 第二条 中华人民共和国境内的船员注册、任职、培训、职业保障以及提供船员服务等活动，适用本条例。 |
| The maritime administrative organs in charge of the water areas under the jurisdiction of the Central Government and those in charge of other water areas (hereinafter generally referred to as maritime administrative organs) shall be responsible for the administration of seamen in light of their respective duties. | | |
| Chapter II Registration and Qualifications of Seamen | | 第三条 国务院交通主管部门主管全国船员管理工作。 |
| Article 4 The term "seaman" as mentioned in this Regulation refers to the personnel who has been registered as a seaman and obtained a seaman's service book, including masters, officers and ratings. | | 国家海事管理机构依照本条例负责统一实施船员管理工作。 |
| “Master” as mentioned above refers to the personnel who has acquired the qualification for holding the post of master in accordance with the provisions of this Regulation and is in charge of and take command of a ship. | | 负责管理中央管辖水域的海事管理机构和负责管理其他水域的地方海事管理机构（以下统称海事管理机构），依照各自职责具体负责船员管理工作。 |
| “Officer” as mentioned above includes chief mate, second mate, third mate, chief engineer, second engineer, third engineer, fourth engineer and communication personnel who have acquired the qualifications for holding corresponding posts in accordance with this Regulation, and other senior technical personnel and managerial personnel who hold posts on a ship. | | 第二章 船员注册和任职资格 |
| “Rating” as mentioned above refers to a seaman other than master or officer. | | |
| Article 5 To be registered as a seaman, one shall satisfy the following requirements: | | 第四条 本条例所称船员，是指依照本条例的规定经船员注册取得船员服务簿的人员，包括船长、高级船员、普通船员。 |
| (1) Having attained to the age of 18 (16 as for a trainee or probationer) but not more than 60 years old; | | 本条例所称船长，是指依照本条例的规定取得船长任职资格，负责管理和指挥船舶的人员。 |
| (2) Satisfying the health requirements for seamen; | | 本条例所称高级船员，是指依照本条例的规定取得相应任职资格的大副、二副、三副、轮机长、大管轮、二管轮、三管轮、通信人员以及其他在船舶上任职的高级技术或者管理人员。 |
| (3) Having completed the basic safety training and having passed the examination of the maritime administrative organ. | | 本条例所称普通船员，是指除船长、高级船员外的其他船员。 |
| To be registered as a seaman of ships of international voyage, one shall also pass the professional foreign language test for seamen. | | |
| Article 6 A written application for seaman registration may be submitted by the applicant or his/her agent to any maritime administrative organ, and the evidentiary materials on satisfying the requirements as prescribed in Article 5 of this Regulation by the applicant shall be attached to the application. | | 第五条 申请船员注册，应当具备下列条件： |
| The maritime administrative organ shall, within 10 days since it accepts the application, make a decision on approval or disapproval. If the applicant satisfies the requirements as prescribed in Article 5 of this Regulation, the organ shall approve his application and issue a seaman's service book. Where the applicant's seaman's service book has been legally revoked for less than 5 years, the organ shall disapprove his application. | | （一）年满18周岁（在船实习、见习人员年满16周岁）但不超过60周岁； |
| Article 7 A seaman's service book is the professional identity certificate of the seaman, which shall record his name, domicile, contact information and other matters concerned. | | （二）符合船员健康要求； |
| Where any item recorded in the seaman's service book is changed, the seaman shall go through the modification formalities at the maritime administrative organ. | | （三）经过船员基本安全培训，并经海事管理机构考试合格。 |
| Article 8 In case a seaman is under any of the following circumstances, the maritime administrative organ shall write off his registration and publish an announcement thereon: | | 申请注册国际航行船舶船员的，还应当通过船员专业外语考试。 |
| (1) He is dead or d missing; | | |
| (2) He loses his civil capacity; | | 第六条 申请船员注册，可以由申请人或者其代理人向任何海事管理机构提出书面申请，并附送申请人符合本条例第五条规定条件的证明材料。 |
| (3) His seaman's service book is revoked according to law; | | 海事管理机构应当自受理船员注册申请之日起10日内做出注册或者不予注册的决定。对符合本条例第五条规定条件的，应当给予注册，发给船员服务簿，但是申请人被依法吊销船员服务簿未满5年的，不予注册。 |
| (4) He himself applies for writing off the registration. | | |
| Article 9 A seaman on voyage or on duty shall acquire corresponding certificate of competence in accordance with this Regulation. | | 第七条 船员服务簿是船员的职业身份证件，应当载明船员的姓名、住所、联系人、联系方式以及其他有关事项。 |
| To apply for the certificate of competence for seamen, one shall satisfy the following requirements: | | 船员服务簿记载的事项发生变更的，船员应当向海事管理机构办理变更手续。 |
| (1) He has obtained the seaman's service book; | | |
| (2) He meets the health requirements for the post he holds; | | 第八条 船员有下列情形之一的，海事管理机构应当注销船员注册，并予以公告： |
| (3) He has gone through the corresponding competence training and special training for seamen; | | （一）死亡或者被宣告失踪的； |
| (4) He has corresponding qualification and seniority and his performance and safety records are good. | | （二）丧失民事行为能力的； |
| Article 10 To apply for the certificate of competence for seamen, one shall submit a written application to the maritime administrative organ, to which the evidentiary materials on applicant's satisfying the requirements as prescribed in Article 9 of this Regulation shall be attached. If the applicant meets the prescribed requirements and has passed the qualification examination for seamen held by the state maritime administrative organ, the maritime administrative organ shall issue a corresponding certificate of competence. | | （三）被依法吊销船员服务簿的； |
| Article 11 The certificate of competence shall indicate the navigating areas (lines), ship types and grades and posts the seaman is competent for, and its valid period, etc. | | （四）本人申请注销注册的。 |
| The valid period of a certificate of competence shall be no longer than 5 years. | | |
| Article 12 The posts of master and officer of a ship of Chinese nationality shall be assumed by Chinese seamen; where it is really necessary to have any foreign seaman assume the post of officer, it shall be reported to the state maritime administrative organ for approval. | | 第九条 参加航行和轮机值班的船员，应当依照本条例的规定取得相应的船员适任证书。 |
| Article 13 Where a Chinese ship cannot satisfy the minimum requirement for safe manning due to force majeure or any other special circumstance it encounters beyond the Chinese borders and needs to let a seaman at the next lower level to assume a post of the next higher level, it shall send an application to the maritime administrative organ, which shall issue corresponding certificates in light of the qualification and seniority, performance and safety records of the seaman to hold the post of the next higher level. | | 申请船员适任证书，应当具备下列条件： |
| Article 14 Where a personnel who have once worked at a military ship or fishing ship or a seaman with the certificate of competence for seamen of any other country or region applies for the certificate of competence for seamen in accordance with this Regulation, the maritime administrative organ may exempt him from the corresponding training or test. The specific measures shall be formulated by the administrative department of transportation of the State Council. | | （一）已经取得船员服务簿； |
| Article 15 A Chinese seaman leaving and entering China or working on a foreign ship shall apply to the maritime administrative organ appointed by the state maritime administrative organ for the seaman's book of the People's Republic of China. | | （二）符合船员任职岗位健康要求； |
| To apply for a seaman's book of the People's Republic of China, one shall satisfy the following requirements: | | （三）经过相应的船员适任培训、特殊培训； |
| (1) He is a citizen of the People's Republic of China; | | （四）具备相应的船员任职资历，并且任职表现和安全记录良好。 |
| (2) He has a certificate of competence for being a seaman of ships of international voyage or has a definite task to leave the country; | | |
| (3) He is not under any circumstance under which he shall be prohibited from leaving the country. | | 第十条 申请船员适任证书，应当向海事管理机构提出书面申请，并附送申请人符合本条例第九条规定条件的证明材料。对符合规定条件并通过国家海事管理机构组织的船员任职考试的，海事管理机构应当发给相应的船员适任证书。 |
| Article 16 The maritime administrative organ shall, within 7 days since the day when the application is received, make a decision on approval or disapproval. In the case of approval, a seaman's book of the People's Republic of China shall be issued; in the case of disapproval, a written notice thereon shall be sent to the applicant and corresponding reasons shall be given. | | |
| Article 17 The seaman's book of the People's Republic of China is the certificate to prove a Chinese seaman's identity as a citizen of the People's Republic of China when he is performing tasks beyond the boarders. Where a seaman's book of the People's Republic of China is lost, stolen or damaged, he shall apply to the maritime administrative organ for reissuing a new one. If the seaman is in a foreign country or region, he shall apply to the embassy or consulate of the People's Republic of China in that country or region. | | 第十一条 船员适任证书应当注明船员适任的航区（线）、船舶类别和等级、职务以及有效期限等事项。 |
| The valid period of the seaman's book of the People's Republic of China shall be no longer than 5 years. | | 船员适任证书的有效期不超过5年。 |
| Article 18 Any seaman holding the seaman's book of the People's Republic of China shall, when he is in a foreign country or region, enjoy the rights and traffic convenience provided in the local laws, the relevant international treaties and shipping agreements concluded by the People's Republic of China with relevant countries. | | |
| Article 19 A foreign seaman working on a Chinese ship shall have an employment permit in accordance with laws, administrative regulations and other relevant provisions of the state, and shall have corresponding certificate required by the administrative department of transportation of the State Council and the relevant identity certificate issued by the government of his home country. | | 第十二条 中国籍船舶的船长和高级船员应当由中国籍船员担任；确需外国籍船员担任高级船员的，应当报国家海事管理机构批准。 |
| A foreign seaman working on a foreign ship which sails over, anchors off or operates at the water area which is under the jurisdiction of the People's Republic of China shall hold a corresponding certificate required by the international treaty concluded or acceded to by the People's Republic of China and the relevant identity certificate issued by his home country. | | |
| Chapter III Duties of Seamen | | 第十三条 中国籍船舶在境外遇有不可抗力或者其他特殊情况，无法满足船舶最低安全配员要求，需要由本船下一级船员临时担任上一级职务时，应当向海事管理机构提出申请。海事管理机构根据拟担任上一级船员职务船员的任职资历、任职表现和安全记录，出具相应的证明文件。 |
| Article 20 A seaman shall satisfy the following requirements during the period when he is working on board a ship: | | |
| (1) Carrying the valid certificates required by this Regulation; | | 第十四条 曾经在军用船舶、渔业船舶上工作的人员，或者持有其他国家、地区船员适任证书的船员，依照本条例的规定申请船员适任证书的，海事管理机构可以免除船员培训和考试的相应内容。具体办法由国务院交通主管部门另行规定。 |
| (2) Having good knowledge of the ship's seaworthiness status, navigation safeguard, weather and sea condition of the related navigating area, and other necessary information; | | |
| (3) Observing the managerial system and watch-keeping provisions of the ship; maneuvering, controlling and managing the ship pursuant to the operating rules on on-water traffic safety and preventing ship pollution; truthfully filling in the relevant statute writs, and not concealing, altering or destroying any statute certificate or document; | | 第十五条 以海员身份出入国境和在国外船舶上从事工作的中国籍船员，应当向国家海事管理机构指定的海事管理机构申请中华人民共和国海员证。 |
| (4) Participating in emergency drills and rehearsals of the ship, and implementing various kinds of emergency and preventive measures in light of the emergency deployment of the ship; | | 申请中华人民共和国海员证，应当符合下列条件： |
| (5) Observing the reporting system of the ship, and reporting in a timely manner in case any dangerous situation, accident, security incident or any circumstance endangering navigation safety is found or occurs; | | （一）是中华人民共和国公民； |
| (6) Doing his best to save personnel in danger under the precondition of not severely endangering his own personal safety; | | （二）持有国际航行船舶船员适任证书或者有确定的船员出境任务； |
| (7) Not illicitly carrying passengers or cargos, not bringing any prohibited article. | | （三）无法律、行政法规规定禁止出境的情形。 |
| Article 21 As for an order given by the master within his scope of functions and powers, all personnel on board shall carry it into effect. | | |
| Officers shall organize subordinate seamen to ute the capital's orders and urge them to perform their duties. | | 第十六条 海事管理机构应当自受理申请之日起7日内做出批准或者不予批准的决定。予以批准的，发给中华人民共和国海员证；不予批准的，应当书面通知申请人并说明理由。 |
| Article 22 The master shall satisfy the following requirements when he is in control and command of a ship: | | |
| (1) Ensuring that the ship and the seamen have carried the legal and valid certificates, writs and the relevant navigation materials as required; | | 第十七条 中华人民共和国海员证是中国籍船员在境外执行任务时表明其中华人民共和国公民身份的证件。中华人民共和国海员证遗失、被盗或者损毁的，应当向海事管理机构申请补发。船员在境外的，应当向中华人民共和国驻外使馆、领馆申请补发。 |
| (2) Formulating emergency plans and ensuring their effective implementation; | | 中华人民共和国海员证的有效期不超过5年。 |
| (3) Ensuring that the ship and the seamen are ready and competent when the ship sets sail, ensuring that the minimum requirement on safe manning is satisfied and ensuring the normal tour of the ship; | | |
| (4) Executing the instructions on water traffic safety and prevention of ship pollution given by the maritime administrative organ and, in the case of any water traffic accident or pollution accident, submitting an accident report to the maritime administrative organ; | | 第十八条 持有中华人民共和国海员证的船员，在其他国家、地区享有按照当地法律、有关国际条约以及中华人民共和国与有关国家签订的海运或者航运协定规定的权利和通行便利。 |
| (5) Training and evaluating the seamen of the ship as a routine and truthfully recording the experience and performance of each seaman in his seaman's service book; | | |
| (6) keeping watch at the control bridge and directly taking command of the ship if necessary when the ship is entering or leaving a port, berthing or leaving berth, passing a traffic compact district or a dangerous navigating area, or in the case of bad weather or sea condition, or in the event of any water traffic accident, ship pollution accident, ship security incident or any other emergency; | | 第十九条 在中国籍船舶上工作的外国籍船员，应当依照法律、行政法规和国家其他有关规定取得就业许可，并持有国务院交通主管部门规定的相应证书和其所属国政府签发的相关身份证件。 |
| (7) Safeguarding the safety of the personnel working on board or going on board temporarily; | | 在中华人民共和国管辖水域航行、停泊、作业的外国籍船舶上任职的外国籍船员，应当持有中华人民共和国缔结或者加入的国际条约规定的相应证书和其所属国政府签发的相关身份证件。 |
| (8) Organizing seamen and other personnel on board to do their best to rescue in the case of an accident which endangers the safety of the personnel and property on board; | | 第三章 船员职责 |
| (9) In the case of ship abandonment, adopting all possible measures to arrange the personnel on board to safely leave the ship, firstly the passengers, then the seamen, lastly the master. Before leaving the ship, the master shall instruct the seamen to do their best to collect the logbook, engineer's logbook, oil record book, radio log, sailing chart and other documents used in the current voyage and the valuable goods, mails and cash. | | |
| Article 23 No master or officer may, when in the middle of a voyage, resign, stay out of office or terminate his office without approval. | | 第二十条 船员在船工作期间，应当符合下列要求： |
| Article 24 The master has the power to make independent decisions on and bears ultimate responsibility for safeguarding maritime personal and property safety, ship security and preventing water pollution from his ship. | | （一）携带本条例规定的有效证件； |
| A capital may exercise the following powers for the purpose of fulfilling duties: | | （二）掌握船舶的适航状况和航线的通航保障情况，以及有关航区气象、海况等必要的信息； |
| (1) He may decide a ship's voyage schedule, and may refuse to set sail or continue a voyage when he believes that the requirements on safe navigation are not satisfied; | | （三）遵守船舶的管理制度和值班规定，按照水上交通安全和防治船舶污染的操作规则操纵、控制和管理船舶，如实填写有关船舶法定文书，不得隐匿、篡改或者销毁有关船舶法定证书、文书； |
| (2) He may refuse to perform an illegal instruction given by the employer of seamen or ship owner, or an instruction that may jeopardize the personal safety of any person, property safety or ship safety or may bring about waters environmental pollution; | | （四）参加船舶应急训练、演习，按照船舶应急部署的要求，落实各项应急预防措施； |
| (3) When he is aware that the pilot's control command may threaten navigational safety or cause waters environmental pollution, he shall promptly correct and prevent such command, and request for changing the pilot when necessary; | | （五）遵守船舶报告制度，发现或者发生险情、事故、保安事件或者影响航行安全的情况，应当及时报告； |
| (4) When the ship is in distress and the life safety of the persons on board is threatened, he may make a decision on evacuating from the ship; | | （六）在不严重危及自身安全的情况下，尽力救助遇险人员； |
| (5) when the sinking or destruction of the ship is unavoidable, he may make a decision on ship abandonment, provided that he must obtain the consent of all persons on board, unless it is for an emergency; | | （七）不得利用船舶私载旅客、货物，不得携带违禁物品。 |
| (6) He may remove incompetent seamen from their posts. | | |
| When the ship is under seaway, the master may, for the purpose of safeguarding the safety of the persons on board and ship security, legally confine or adopt other necessary measures against any person who commit illegal or criminal activities on the ship. | | 第二十一条 船长在其职权范围内发布的命令，船舶上所有人员必须执行。 |
| Chapter IV Professional Safeguard for Seamen | | 高级船员应当组织下属船员执行船长命令，督促下属船员履行职责。 |
| Article 25 Both the employers of seamen and seamen themselves shall procure industrial injury insurance, medical insurance, old-age insurance, unemployment insurance and other social insurances in accordance with the relevant provisions of the state, and legally pay insurance expenses on schedule and in full amount. | | |
| An employer of seamen shall handle personal insurance and health insurance for its seamen working on a ship heading for or passing by any war zone or epidemic-stricken area or a ship transporting poisonous or harmful substance, and provide corresponding conservatory measures. | | 第二十二条 船长管理和指挥船舶时，应当符合下列要求： |
| Article 26 The living and work places of seamen on a ship shall satisfy the requirements of the ship inspection rules of China on living environment, job safety and safeguard measures. | | （一）保证船舶和船员携带符合法定要求的证书、文书以及有关航行资料； |
| An employer of seamen shall provide necessary household goods, protective appliances and medical treatment for its seamen, establish health files for them and examine their health on a regular basis so as to prevent occupational diseases. | | （二）制订船舶应急计划并保证其有效实施； |
| Where a seaman gets sick or is injured when he is working on a ship, his employer shall give prompt treatment; where a seaman is missing or dead, his employer shall do a good job in dealing with the problems arising therefrom in a timely manner. | | （三）保证船舶和船员在开航时处于适航、适任状态，按照规定保障船舶的最低安全配员，保证船舶的正常值班； |
| Article 27 An employer of seamen shall conclude labor contracts with seamen pursuant to the laws and regulations on labor contract and the international treaties on seamen's labor and social security the People's Republic of China has concluded or acceded to. | | （四）执行海事管理机构有关水上交通安全和防治船舶污染的指令，船舶发生水上交通事故或者污染事故的，向海事管理机构提交事故报告； |
| No employer of seamen may recruit any personnel without corresponding certificates as required by this Regulation to work onboard. | | （五）对本船船员进行日常训练和考核，在本船船员的船员服务簿内如实记载船员的服务资历和任职表现； |
| Article 28 Labor unions of seamen shall make more efforts in protecting the legitimate rights and interests of seamen and providing guidance and assistance for concluding labor contracts with employers of seamen. | | （六）船舶进港、出港、靠泊、离泊，通过交通密集区、危险航区等区域，或者遇有恶劣天气和海况，或者发生水上交通事故、船舶污染事故、船舶保安事件以及其他紧急情况时，应当在驾驶台值班，必要时应当直接指挥船舶； |
| Article 29 An employer of seamen shall, by giving consideration to the risky nature, arduousness and mobility of the occupation of seaman, offer reasonable wages to seamen and make payment on schedule and in full amount. No entity or individual may dock any seaman's wages. | | （七）保障船舶上人员和临时上船人员的安全； |
| An employer of seamen shall pay a seaman who is not dispatched for any task yet but is within the valid period of labor contract at least the minimum wage as prescribed by the people's government of the place where the employer is located. | | （八）船舶发生事故，危及船舶上人员和财产安全时，应当组织船员和船舶上其他人员尽力施救； |
| Article 30 Seamen's working hours on board shall be in line with the standards formulated by the administrative department of transportation of the State Council. Fatigued Watch-keeping is not allowed. | | （九）弃船时，应当采取一切措施，首先组织旅客安全离船，然后安排船员离船，船长应当最后离船，在离船前，船长应当指挥船员尽力抢救航海日志、机舱日志、油类记录簿、无线电台日志、本航次使用过的航行图和文件，以及贵重物品、邮件和现金。 |
| In addition to China's official holidays, seamen shall enjoy the annual leave of at least 5 days for each 2 months of work on board. | | |
An employer of seamen shall pay a seaman who is on annual leave at least the average wage obtained when he is working on board.
．．．．．． | | 第二十三条 船长、高级船员在航次中，不得擅自辞职、离职或者中止职务。
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