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Decision of the Ministry of Transport to Amend the Rules of the People's Republic of China for the Administration of the Training for Seafarers (2019) [Effective]
交通运输部关于修改《中华人民共和国船员培训管理规则》的决定(2019) [现行有效]
【法宝引证码】

Order of the Ministry of Transport of the People's Republic of China 

中华人民共和国交通运输部令

(No. 5 [2019]) (2019年第5号)

The Decision of the Ministry of Trasport to Amend theRules of the People's Republic of China for the Administration of the Training for Seafarers, as adopted at the 3rd executive meeting of the Ministry of Transport on January 30, 2019, are hereby issued, and shall come into force on June 1, 2019. 关于修改〈中华人民共和国船员培训管理规则〉的决定》已于2019年1月30日经第3次部务会议通过,现予公布,自2019年6月1日起施行。
Minister of Transport: Li Xiaopeng 

交通运输部部长 李小鹏

February 5, 2019 2019年2月5日

Decision of the Ministry of Transport to Amend the Rules of the People's Republic of China for the Administration of the Training for Seafarers 

  交通运输部关于修改《中华人民共和国船员培训管理规则》的决定

As decided by the Ministry of Transport, the Rules of the People's Republic of China for the Administration of the Training for Seafarers (Order No. 9 [2017], Ministry of Transport) are amended as follows: 交通运输部决定对《中华人民共和国船员培训管理规则》(交通运输部令2017年第9号)作如下修改:
I. Article 6 is deleted.   一、删去第六条。
II. Article 9 is renumbered as Article 8, and “pilots” is added as subparagraph (3) in paragraph 3 thereof, which provides: “The competency training for seafarers serving on an inland navigation ship shall include the following training programs.” “The ship's ancillary personnel such as cooks and catering staff” is added as subparagraph (9) in paragraph 4 thereof, which provides: “The competency training for seafarers' professional skills shall only be provided for seafarers serving on a seagoing ship, including the following training programs.”   二、第九条改为第八条,在第三款“内河船舶船员岗位适任培训包含以下培训项目”中增加“引航员”作为第(三)项。在第四款“船员专业技能适任培训仅针对海船船员,包含以下培训项目”中增加“船上厨师和膳食服务辅助人员”作为第(九)项。
III. Article 10 is renumbered as Article 9, and “ground-effect vehicles (GEVs)” and “the driving qualification training for seafarers serving on ships with direct access to rivers and seas of specific routes” shall be added as subparagraphs (10) and (11) in paragraph 2 thereof, which provides: “A special training for seafarers serving on an inland navigation ship shall include the following training programs.”   三、第十条改为第九条,在第二款“内河船舶船员特殊培训包含以下培训项目”中增加“地效翼船”“特定航线江海直达船舶船员行驶资格证明培训”作为第(十)(十一)项。
IV. Article 11 is renumbered as Article 10, paragraph 2 of which is amended to read: “A training institution engaging in the training for seafarers as prescribed in Chapter II may provide the corresponding training for seafarers after applying for and obtaining a specific training permit for seafarers in respect of different training programs for seafarers in accordance with the provisions of these Rules.”   四、第十一条改为第十条,第二款修改为:“培训机构从事第二章规定的船员培训,应当按照本规则的规定,针对不同的船员培训项目,申请并取得特定的船员培训许可,方可开展相应的船员培训业务。”
V. Article 12 is renumbered as Article 11 and amended to read: “For a training institution engaging in the training for seafarers, its training types and programs shall meet the conditions as prescribed in the Provisions on the Conditions for Maritime Administrative Licensing.”   五、第十二条改为第十一条,修改为:“培训机构从事船员培训业务,根据其开展培训的类别和项目,应当符合《海事行政许可条件规定》规定的条件。”
VI. Article 13 is renumbered as Article 12, paragraph 1(8) of which is amended to read: “It has certification materials for the quality control system for the training for seafarers that complies with the provisions,” and paragraphs 2 and 3 thereof are deleted. .   六、第十三条改为第十二条,第一款第(八)项修改为:“符合规定的船员培训质量控制体系的证明材料”,并删去第二款和第三款。
VII. Article 15 is renumbered as Article 14, paragraph 2 of which is amended to read: “Where, after accepting an application for training for seafarers, the Maritime Safety Administration of the People's Republic of China needs to verify the substantial content of the application materials according to the statutory conditions and procedures, it may authorize the maritime safety administration directly under the Ministry of Transport or the local maritime safety administration at the provincial level to conduct an inspection of the training institution. The working time for inspection shall be included in the term of the permit,” and paragraph 3 thereof is deleted.   七、第十五条改为第十四条,第二款修改为:“中华人民共和国海事局在受理船员培训申请之后,根据法定条件和程序,需要对申请材料的实质内容进行核实的,可以委托交通运输部直属海事管理机构或者省级地方海事管理机构对培训机构进行核查。核查的工作时间应当计入许可期限”,并删去第三款。
VIII. Article 16 is renumbered as Article 15, paragraph 1 of which is amended to read: “The Training Permit for Seafarers shall specify the training institution's name, registered address, legal representative, approved training programs for seafarers, training location, the period of validity, the size of training, and other relevant matters.”   八、第十六条改为第十五条,第一款修改为:“《船员培训许可证》应当载明培训机构的名称、注册地址、法定代表人、准予开展的船员培训项目、培训地点、有效期、培训规模及其他有关事项。”
IX. Article 22 is renumbered as Article 21, paragraph 1 of which is amended to read: “A training institution shall provide training for seafarers according to training programs and the location and size of training as specified in the Training Permit for Seafarers.”   九、第二十二条改为第二十一条,第一款修改为:“培训机构应当按照《船员培训许可证》载明的培训项目、培训地点和培训规模开展船员培训。”
X. Article 29 is renumbered as Article 28, and the “within 3 days from the date of commencement of training courses” in paragraph 2 thereof is replaced with “before the commencement of training courses.”   十、第二十九条改为第二十八条,将第二款中的“开班之日起3日内”修改为“开班前”。
XI. Article 30 is renumbered as Article 29 and amended to read: “A training institution shall ensure the quality of training, effectively operate the quality control system for training for seafarers, conduct internal examination of the quality control system on a regular basis, accept external examination conducted by the maritime safety administration, and correct the defects discovered in the examination in a timely manner.”   十一、第三十条改为第二十九条,修改为:“培训机构应当确保培训质量,有效运行船员培训质量控制体系,对质量控制体系进行定期内部审核,并接受海事管理机构组织的外部审核,及时纠正发现的缺陷。”
XII. Article 34 is renumbered as Article 33, paragraph 1 of which is amended to read: “Where a training institution uses simulators for training, the functions of and performance standards for simulators shall be developed by the Maritime Safety Administration of the People's Republic of China, and particularly, the simulators used in the training for seafarers serving on seagoing ships shall comply with the requirements of the amended International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978,” and “The instructors who use simulators to provide training for seafarers shall have the actual operational experience for simulators, and be trained to teach by use of the corresponding simulators” is added as paragraph 3.   十二、第三十四条改为第三十三条,第一款修改为:“培训机构使用模拟器进行培训的,模拟器功能和性能标准由中华人民共和国海事局制定,其中,海船船员培训所使用的模拟器应当符合经修正的《1978年海员培训、发证和值班标准国际公约》的要求”,增加“使用模拟器开展船员培训的教员,应当具有相应模拟器的实际操作经验,经过使用相应模拟器教学的培训”作为第三款。
XIII. Article 35 is renumbered as Article 34 and amended to read: “A shipping company providing training on probation on board ships or on update of knowledge and a relevant institution shall submit to the maritime safety administration such information as a plan for training on board ships, the register of trainees, and the list and qualification of captains and senior officers responsible for guiding and training the trainees.   十三、第三十五条改为第三十四条,修改为:“开展船上见习或者知识更新培训的航运公司和相关机构,应当将船上培训计划、学员名单,负责指导和训练学员的船长及高级船员的名单、资历等信息报送海事管理机构。
“A shipping company providing training on board ships and the ships shall provide training according to the objectives and requirements of the training programs indicated in the On-board Training Record Book or the updated outline for seafarers' knowledge as prescribed by the Maritime Safety Administration of the People's Republic of China, and ensure that the captain and senior officers who assume teaching and guidance duties have the appropriate time and energy to provide the corresponding training on board, provided that they ensure the normal operation of ships and the safety of navigation and operation. 开展船上培训的航运公司和船舶,在保证船舶正常操作以及航行、作业安全的情况下,应当按照《船上培训见习记录簿》所载培训项目的目标和要求或者中华人民共和国海事局规定的船员知识更新大纲开展培训,并保证承担教学和指导任务的船长、高级船员有适当的时间和精力从事相应的船上培训工作。
“A shipping company shall facilitate seafarers' participating in the training for seafarers, establish a training system for seafarers, provide training on vocational skills, professional ethics, legal concepts, safety responsibilities, protection of rights and interests and other aspects, and continuously improve the quality of seafarers.” 航运公司应当为船员参加船员培训提供便利,建立船员培训制度,开展职业技能、职业道德、法制观念、安全责任和权益保护等方面培训,不断提高船员素质。”
XIV. Article 37 is renumbered as Article 36, and “and shipping companies, among others,” is added after “training institutions.”   十四、第三十七条改为第三十六条,在“培训机构”后增加“航运公司等”。
XV. One article is added as Article 43: “The Maritime Safety Administration of the People's Republic of China shall, on a regular basis, publish the exam passing rate of the trainees of the training institutions.”   十五、增加一条,作为第四十三条:“中华人民共和国海事局应当定期公布培训机构的学员考试及格率。”
XVI. One article is added as Article 47: “where, in violation of the provisions of these Rules, a training institution falls under any of the following circumstances, the maritime safety administration shall order it to take corrective action, and impose a fine of not less than 10,000 yuan nor more than 30,000 yuan on it:   十六、增加一条,作为第四十七条:“违反本规则的规定,培训机构有下列情形之一的,由海事管理机构责令改正,并处1万元以上3万元以下罚款:
(1) It fails to inform the trainees of the provisions and requirements of the training program. (一)不如实告知学员对培训项目的规定和要求的;
(2) It fails to file the training plan and the register of trainees with the maritime safety administration as required. (二)不按照规定向海事管理机构备案培训计划和学员名册的;
(3) Its training courses for seafarers have not been confirmed by the maritime safety administration. (三)船员培训课程未经海事管理机构确认的;
(4) If fails to undergo the modification procedures for the items recorded in the Training Permit for Seafarers as required. (四)未按照规定办理《船员培训许可证》记载事项变更手续的;
(5) It fails to issue training certificates in accordance with provisions.” (五)不按规定出具培训证明的。”
XVII. Article 49 is renumbered as Article 50, paragraph 1 of which is amended to read: “Full-time students, as enrolled in academies qualified to provide full-time academic education of maritime secondary school, junior college or above, after the approval of the Maritime Safety Administration of the People's Republic of China, shall complete the corresponding training according to the training syllabus for seafarers. Their diplomas shall be equivalent to the completion of the competence training for third officers, third engineer officers and electrical and electronic engineers as prescribed in these Rules.”   十七、第四十九条改为第五十条,第一款修改为:“具有开展全日制航海中专、专科及以上学历教育资格的院校,经中华人民共和国海事局同意后,招收的全日制航海专业学生按照船员培训大纲完成相应的培训,其毕业证书等同完成本规则规定的三副、三管轮、电子电气员岗位适任培训。”
The numbering of articles and some words shall be adjusted accordingly. 条文序号和个别文字作相应调整。
This Decision shall come into force on June 1, 2019. 本决定自2019年6月1日起施行。
The Rules of the People's Republic of China for the Administration of the Training for Seafarers, as amended in accordance with this Decision, shall be reissued. 中华人民共和国船员培训管理规则》根据本决定作相应修正,重新发布。
     
     
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