Rules of the People's Republic of China on the Administration of Vessel Visas 2

　　Chapter III Vessel Visa Books

　　Article 21 A vessel visa book is a documentation used for the exclusive purpose of vessel visas as well as a proof for recording the visas that the vessel has applied for. No entity or individual other than the maritime affairs administrative organ may detain or capture any vessel visa book, nor may it or he make any remark in the vessel visa book.

　　The format and contents of the vessel visa books and the specimens of the vessel visa seals shall be exclusively provided for by the Maritime Safety Administration of the People's Republic of China.

　　Article 22 The issuance, change or make-up issuance of vessel visa books shall be conducted upon the application of the vessels or operators thereof filed to the maritime affairs administrative organ.

　　Where a vessel applies for a vessel visa book for the first time and applies for a new vessel visa book subsequent to the change in the owner, operator or name of the vessel, it shall apply to the maritime affairs administrative organ of the hail port.

　　A vessel whose vessel visa book is missing or lost shall apply to the maritime affairs administrative organ of the hail port for making it up. When applying for making up a vessel visa book, it shall submit a photocopy of its recent vessel visa application form as approved by the maritime affairs administrative organ.

　　Where a vessel visa book is used up or cannot be used any more due to defiling, it may apply to the maritime affairs administrative organ of the hail port or place where the visa was issued to change one. When applying for changing one, it shall return the original vessel visa book.

　　Article 23 Where the requirements of the present Rules are met, the maritime affairs administrative organ shall issue, change or make up a vessel visa book on the spot.

　　When issuing, changing or making up a vessel visa book, the maritime affairs administrative organ shall record the general information of the vessel in the vessel visa book, and shall affix the seal of the maritime affairs administrative organ to it. Where the vessel visa book is changed by the maritime affairs administrative organ of a place other than the hail port, the change of vessel visa book shall be reported to the maritime affairs administrative organ of the hail port in writing.

　　Article 24 A vessel may request the maritime affairs administrative organ of the hail port or the place of visa to record the information of the vessel certificates and seaman certificates in the vessel visa book, and shall submit the corresponding certificates when filing the request.

　　If the request meets the relevant requirements, the maritime affairs administrative organ shall record down in the vessel visa book the relevant information about the vessel certificates and seaman certificates, and write down the number and date of the maritime law enforcement certificate and affix the seal of the maritime affairs administrative organ.

　　Article 25 A vessel visa book shall be used continuously, kept intact and may not miss any page or unlawfully altered. A vessel visa book shall be kept on the vessel for two years after it is used up.

　　Where a vessel is discarded as useless or is lost or the owner or operator of the vessel changes or the name of the vessel changes, the vessel shall hand its visa book back to the maritime affairs administrative organ of the hail port for write-off.

　　Article 26 No vessel may falsify, change, or lease any vessel visa book or use any other vessel's visa book or obtain a vessel visa book by fraudulent means.

　　Chapter IV Supervision, Inspection, and Legal Liabilities

　　Article 27 Maritime affairs administrative organs shall strengthen their supervision and inspection to the vessel visas. The relevant entities and individuals shall offer assistance and show cooperation in the supervision and inspections carried out by the maritime affairs administrative organs, and shall not refuse, impede or obstruct the process of supervision and inspection.

　　Article 28 Where a maritime affairs administrative organ finds that any vessel has failed to obtain a vessel visa according to the relevant provisions, it shall order it to obtain one, and may order it to accept investigation and punishment at a designated place. If the vessel refuses to make correction, it may adopt such measures as prohibiting its sailing into or out of the port or order it to stop voyage, etc.

　　Article 29 Where a vessel is found not to meet the conditions for issuing a fixed-term vessel visa any more, it shall be demanded to apply for a voyage visa according to Section I, Chapter II of the present Rules, and a notice shall be circulated to the maritime affairs administrative organ that approved the fixed-term vessel visa to cancel the fixed-term visa of the vessel in question.

　　Article 30 Where a vessel is found to have obtained its visa by unfair means before it departed from the port, the maritime affairs administrative organ shall revoke the vessel visa and record down in the vessel visa book the reasons and the date of revocation, and shall affix its seal. If the vessel has already departed from the port, the maritime affairs administrative organ shall make an investigation so as to impose a punishment upon it or notify the maritime affairs administrative organ of the next stop of the vessel to investigate and punish it.

　　Article 31 A maritime affairs administrative organ shall, in the process of supervision and inspection, record in the vessel visa book and inform the maritime affairs administrative organ of the hail port if:

　　1. the vessel is given a maritime administrative punishment;

　　2. the vessel has incurred a water traffic accident or pollution accident; or

　　3. the vessel is prohibited from departing from the port.

　　The maritime affairs administrative organ of the hail port shall record down the aforesaid information it has received and offer assistance in investigation and punishment.

　　Article 32 Where a vessel shall be given an administrative punishment due to violation of the provisions on vessel visa, it shall be punished according to the rules of the Ministry of Communications on maritime administrative punishment.

　　Article 33 Any functionary of any maritime affairs administrative organ who abuses his power, practices favoritism or neglects his duties shall be given an administrative sanction by the entity where he works or the next higher organ. If any crime has been constituted, he shall be delivered to the judicial organ for criminal liabilities.

　　Chapter V Supplementary Provisions

　　Article 34 The term "vessel with good faith in safety" as used in the present Rules refers to a vessel which meets the following requirements and is regarded by the Maritime Safety Administration of the People's Republic of China as a vessel with good faith in safety:

　　1. it is found to have a good record in the recent vessel safety inspection or in the supervision and inspection of the country of port during a period of twelve months, and has no serious defect;

　　2. it has obtained a SMC for two years or more and has not been imposed a track-up inspection or additional inspection during the recent three years;

　　3. it has not incurred any safety accident or pollution accident during the recent three years;

　　4. it has not been given any maritime administrative punishment during the recent three years; and

　　5. it is a vessel not as old as 12 years, and it has not been held up in the vessel safety inspections or the supervision and inspections of the country of port during the recent three years; or, if the vessel is twelve years old or older, it has not been held up in the vessel safety inspections or the supervision and inspections of the country of port during the recent five years.

　　Article 35 A maritime affairs administrative organ shall gradually establish and perfect its platform of basic data for the management of vessels and seamen in the issuance of vessel visas so as to facilitate the applications for visas by vessels or vessel operators and their report for departing from or arrival at the port.

　　Article 36 Where the Ministry of Communications has promulgated any special provision on the visa of special vessels such as high-speed vessels and roll-on vessel, such special provisions shall prevail.

　　Article 37 The present Rules shall become effective as of October 1, 2007, and the Rules of the People's Republic of China on Vessel Visas （Order No. 3 [1993] of the Ministry of Communications as issued by the Ministry of Communications on May 17, 1993 shall be repealed concurrently.

The end.