Mou Regulations Of The People

Regulations of the People's Republic of China Governing Survey of Ships and Offshore Installations

Chapter I General Provisions Chapter II Survey of Ships Chapter III Survey of Offshore Installations Chapter IV Survey of Containers Chapter V Management of Survey Chapter VI Penalty Provisions Chapter VII Supplementary Provisions (Promulgated in Decree No. 109 by the State Council of the People's Republic of China on February 14, 1993 and effective as of the date of promulgation) Chapter I General Provisions Article 1 These Regulations are formulated to ensure that ships, offshore installations and marine containers meet the technical requirements for safe navigation and operation, to safeguard the safety of life of people and property and to prevent the pollution of marine environment. Article 2 These Regulations shall apply to: a. Ships registered or to be registered in the People's Republic of China (hereinafter referred to as Chinese flag ships); b. Foreign flag ships applying for the surveys according to these Regulations or other relevant regulations stipulated by the State; c. Offshore installations located or to be located in coastal waters of the People's Republic of China (hereinafter referred to as offshore installations); d. Marine containers owned by a legal person of enterprise registered in China (hereinafter referred to as containers). Article 3 The Register of Shipping of the People's Republic of China (hereinafter referred to as the Register of Shipping) is the competent authority to carry out surveys of various kinds in accordance with the Regulations. With the approval of the competent authority in charge of transport and communications under the State Council, the Register of Shipping is entitled to establish ship survey organizations in major ports and industrial areas. With the approval of the competent authority in charge of transport and communications under the State Council and the approval of the People's Governments

of provinces, autonomous regions or municipalities directly under the Central Government, the competent authorities in charge of transport and communications under the People's Governments of provinces, autonomous regions or municipalities directly under the Central Government are entitled to establish local ship survey organizations in port areas under their respective jurisdictions. Article 4 China Classification Society (CCS) is a social organization for ship surveys, which undertakes classification surveys and certification surveys and surveys related to notarial matters of domestic and foreign ships, offshore installations and containers. The Society is allowed to conduct statutory surveys on behalf of the Register of Shipping subject to the latter's authorization. Aticle 5 All kinds of surveys stipulated in these Regulations shall be implemented on the principle of "Safety first, quality first", while the development and adoption of up-todate techniques shall be encouraged.

Chapter II Survey of Ships Article 6 Surveys of ships are carried out by the following organizations respectively: a. Ship survey organizations established by the Register of Shipping; b. Local ship survey organizations established by the competent authority in charge of transport and communications under the People's Governments of provinces, autonomous regions and municipalities directly under the Central Government; c. Ship survey organizations entrusted, designated or approved by the Register of Shipping. The above-mentioned organizations are generally called the Ship Survey Organizations hereinafter. Article 7 Owners or operators of Chinese flag ships must apply to a Ship Survey Organization for: a. Survey under construction when their ships are under construction or conversion; b. Periodical survey when their ships are in service; c. Initial survey when their foreign flag ships are changed into Chinese ones. Article 8 Important equipment, parts and materials used by Chinese flag ships concerning the navigation safety at sea and the prevention of pollution of marine environment shall be subject to surveys by the Ship Survey Organization in accordance with the relevant rules and regulations.

Article 9 Chinese flag ships shall be subject to tonnage measurement including gross tonnage and net tonnage measurement as well as verification and ratification of loadlines and passenger quotas by the Ship Survey Organization. Article 10 Owners or operators of foreign mobile drilling units and mobile offshore platforms engaged in offshore drilling and exploring activities in the coastal waters of China shall apply to the Ship Survey Organization established or designated by the Register of Shipping for: a. Surveys prior to operation; b. periodical surveys during operation. Article 11 Owners or operators of mobile offshore platforms, floating docks and other giant floating units taken in towage in the coastal waters of China must apply to the Ship Survey Oganization established or designated by the Register of Shipping for towing surveys prior to operation. Article 12 Owners or operators of Chinese flag ships must apply to the Ship Survey Organization for an occasional survey in case of one of the following circumstances: a. An accident which may affect seaworthiness of the ship, or b. A change in the ship's purpose or navigational areas which are defined in the certificate, or c. The expiry of the certificate signed and issued by the Ship Survey Organization, or d. The requirement by the competent authority in charge of maritime safety or environmental protection. Owners or operators of foreign flag ships in ports of China must apply to the Ship Survey Organization established or designated by the Rgister of Shipping for an occasional survey in either case of the above-mentioned (a) and (d). Article 13 The following kinds of Chinese flag ship must apply to China Classification Society for classification surveys: a. International service ships; b. Sea-going passenger vessels accommodating 100 passengers or more; c. Tankers over 1000 deadweight tons; d. Ro-ro ships, liquefied gas carriers and bulk chemical carriers;

e. Other ships whose shipowners or operators apply for the classification. Article 14 The Ship Survey Organization shall, according to the rules and regulations, issue a corresponding certificate to the ship which is surveyed up to the standard.

Chapter III Survey of Offshore Installations Article 15 With the exception of the provisions of Article 31 of these Regulations, owners or operators of offshore installations must apply to the Ship Survey Organization established or designated by the Register of Shipping for corresponding surveys as follows: a. Surveys under construction of those under construction or conversion; b. Periodcal surveys of those in service; c. Occasional surveys of those whose safety functions are affected by an accident; d. Occasional surveys of those which are required by the competent authority in charge of maritime safety or environmental protection. Article 16 The Ship Survey Organization shall, according to the rules and regulations, issue a corresponding certificate to the offshore installation which is surveyed up to the standard.

Chapter IV Survey of Containers Article 17 Owners or operators of containers must apply to the Ship Survey Organization established or designated by the Register of Shipping for corresponding surveys as follows: a. Surveys under construction of those under construction; b. Periodical surveys of those in service. Article 18 The Ship Survey Organization shall, according to the rules and regulations, issue a corresponding certificate to the container which is surveyed up to the standard.

Chapter V Management of Survey Article 19 With the exception of the provisions of Article 31 of these Regulations, survey procedures and technical rules of ships, offshore installations and containers shall

be formulated by the Register of Shipping, and to be promulgated and implemented thereafter with the approval of the competent authority in charge of transport and communications under the State Council. Article 20 Surveyors of the Ship Survey Organization shall be equipped with professional knowledge and survey skills, and shall undergo examination for qualification. Article 21 Surveyors shall be provided with necessary facilities by the work unit concerned when they are carrying out surveys or technical and analytical investigations for an accident. Article 22 The Ship Survey Organization shall levy survey fees according to the provisions, which shall be formulated by the competent authority of transport and communications under the State Council in consultation with the financial department and the department in charge of commodity prices under the State Council. Article 23 A person or party concerned who disagrees with the Ship Survey Organization about the decision, may appeal to a higher survey body for a review of the case, and may appeal to the Register of Shipping for a further review of the case, where the findings of the first review is still unacceptable. The final conclusion shall be onfirmed by the Register of Shipping where an organized working group of technical experts shall undertake special investigations and assessments of the case. Article 24 No work unit or individual shall alter or forge the certificate of survey or arbitrarily alter loadlines determined and marked by the Ship Survey Organization. Article 25 The administrative rules concerning the resident representative offices established and surveyors assigned by foreign ship survey organizations within the territory of China shall be formulated by the competent authority in charge of transport and communications under the State Council.

Chapter VI Penalty Provisions Article 26 The Register of Shipping or its entrusted survey organizations are authorized to withdraw those signed and issued certificates of survey that are altered, found with an arbitrary alteration of the loadlines or obtained through fraudulent acts. The holders of the above-mentioned certificates shall be instructed to take corrective actions and to go through all necessary procedures concerned. Article 27 Those who forge the certificates of ship survey or arbitrarily alter the loadlines shall be subject to the penalty of criticism by the competent authority through circulars or shall be imposed fines of up to five times the survey fees. If any of the acts constitutes a crime, criminal responsibility shall be investigated according to law by the judicial departments.

Article 28 Surveyors of the Ship Survey Organization shall be given disciplinary sanctions by their work units or shall be removed from their posts when found to have abused their power, practised graft and embezzlement or neglected their duties. In serious cases where the acts constitute a crime, criminal responsibility shall be investigated according to law by the judicial department.

Chapter VII Supplementary Provisions Article 29 For the purpose of these Regulations: a. "Ship" means any displacement or non-displacement ships and crafts, hydroplanes, submersibles and diving systems, and mobile drilling units; b. "Offshore installations" means any fixed or mobile structures and devices of various kinds above or under water and fixed platforms; c. "Coastal waters" means any coastal ports, continental waters, territorial waters and other waters under the jurisdiction of the People's Republic of China. Article 30 Surveys of auxiliary fishing vessels engaged in international service shall be conducted according to these Regulations, while survey regulations for all other fishing vessels shall be formulated separately by the competent authority in charge of fishery under the State Council. Article 31 Survey of petroleum and natural gas production facilities related to the offshore installations shall be formulated separately by the competent authority of petroleum in consultation with the competent authority of transport and communications under the State Council. Article 32 These Regulations are not applicable to the following ships: a. Ships used in the military and in public security and sports crafts; b. Ships that are not necessary to be registered according to the Registration Regulations. Article 33 The Ministry of Communications shall be responsible for the interpretation of these Regulations. Article 34 These Regulations shall come into force from the date of promulgation.