MARITIME TRAFFIC SAFETY LAW OF THE PEOPLE'S REPUBLIC OF CHINA ——附加英文版
The Standing Committee of the National People's Congress
MARITIME TRAFFIC SAFETY LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Second Meeting of the Standing Committee of the
Sixth National People's Congress, promulgated by Order No. 7 of the
President of the People's Republic of China on September 2, 1983, and
effective as of January, 1, 1984)
Contents
Chapter I General Provisions
Chapter II Inspection and Registration of Vessels
Chapter III Personnel on Vessels and Installations
Chapter IV Navigation, Berthing and Operations
Chapter V Safety Protection
Chapter VI Transport of Dangerous Goods
Chapter VII Rescue from Disasters at Sea
Chapter VIII Salvage and Removal of Sunken and Drifting Objects
Chapter IX Investigation and Handling of Traffic Accidents
Chapter X Legal Liability
Chapter XI Special Provisions
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1
This law is formulated in order to strengthen the control of maritime
traffic; ensure the safety of vessels, installations, human life and
property; and safeguard the rights and interests of the state.
Article 2
This Law shall apply to all vessels, installations and personnel and to
the owners and managers of such vessels and installations that navigate,
berth or operate in the coastal waters of the People's Republic of China.
Article 3
The harbour superintendence agencies of the People's Republic of China
shall be the competent authorities responsible for the unified supervision
and administration of traffic safety in the coastal waters.
Chapter II Inspection and Registration of Vessels
Article 4
Vessels and their major equipment relating to navigation safety must have
valid technical certificates issued by vessel inspection departments.
Article 5
A vessel must have a certificates showing its nationality, a vessel
registry certificate or a vessel licence.
Chapter III Personnel on Vessels and Installations
Article 6
Vessels shall be manned with qualified crew members according to a
standard quota to ensure the vessels' safety.
Article 7
The captain, chief engineer, pilot, engineers, radio and telephone
operators and similar personnel on board seaplanes or submersibles must
hold valid job certificates. All other crew members must undergo
specialized technical training required for their work.
Article 8
In accordance with state provisions, all installations shall be provided
with personnel who have mastered the techniques of collision avoidance,
signalling, communications, fire control, life-saving and other
operations.
Article 9
All personnel on vessels and installations must observe relevant rules and
regulations concerning maritime traffic safety, follow the operating rules
and ensure the safety of the vessels and installations in navigation,
berthing and operations.
Chapter IV Navigation, Berthing and Operations
Article 10
While navigating, berthing or carrying out operations, vessels and
installations must abide by the relevant laws, administrative statutes and
rules and regulations of the People's Republic of China.
Article 11
Non-military vessels of foreign nationality may not enter the internal
waters and harbours of the People's Republic of China without the approval
of its competent authorities. However, under unexpected circumstances such
as critical illness of personnel, engine breakdown or the vessels being in
distress or seeking shelter from weather when they do not have the time to
obtain approval, they may, while entering China's internal waters of
harbour, make an emergency report to the competent authorities and shall
obey its directions.
Military vessels of foreign nationality may not enter the territorial
waters of the People's Republic of China without the approval of the
Government of the People's Republic of China.
Article 12
Vessels sailing on international routes that enter and leave the harbours
of the People's Republic of China must accept inspection by the competent
authorities. Vessels of Chinese nationality sailing on domestic routes
that enter and leave such harbours must obtain port entry and departure
visas.
Article 13
Vessels of foreign nationality entering and leaving a harbour of the
People's Republic of China, navigating or shifting berths in the harbour
area, or approaching or leaving mooring points or loading spots outside
the harbour must be navigated by a pilot designated by the competent
authorities.
Article 14
When entering or leaving harbours or passing through controlled traffic
areas, crowded navigable areas or areas where navigational conditions are
restricted, vessels must observe the special regulations promulgated by
the Government of the People's Republic of China or by the competent
authorities.
Article 15
Vessels shall be prohibited from entering or passing through restricted
navigation zones unless specially permitted by the competent authorities.
Article 16
Towing operations on the open sea involving large-sized installations and
mobile platforms must undergo towing inspection conducted by vessel
inspection departments and be reported to the competent authorities for
examination and approval.
Article 17
If the competent authorities finds the actual condition of a vessel to be
not in conformity with what is stated in the vessel's certificates, it
shall have the right to require the vessel to apply for a new inspection
or notify its owner or manager to adopt effective safety measures.
Article 18
If the competent authorities believes that a vessel presents a menace to
the safety of a harbour, it shall have the right to forbid the vessel from
entering the harbour or to order it to leave the harbour.
Article 19
The competent authorities shall have the right to forbid a vessel or an
installation from leaving the harbour or order it to suspend its voyage,
change its route or cease its operations under any one of the following
circumstances:
(1) if it violates any law, administrative statute or other rule or
regulation of the People's Republic of China;
(2) if it is in a condition unsuitable for navigation or towing;
(3) if it was involved in a traffic accident and has not completed the
necessary formalities;
(4) if it has not paid the fees that are due or furnished appropriate
security to the competent authorities or the department concerned: or
(5) if the competent authorities considers that there are other
circumstances that will jeopardize or might jeopardize maritime traffic
safety.
Chapter V Safety Protection
Article 20
Construction operations to be carried out on the surface or underwater in
coastal waters and the demarcation of corresponding safe operation zones
must be reported to the competent authorities for examination and approval
and must be publicly announced. Vessels not involved in the construction
project may not enter the safe operation zones. The construction unit may
not enlarge such zones without authorization. When shore lines are to be
used in harbour areas or when construction work, including overhead
operations, is to be carried out on the sea surface or underwater in such
areas, the plan and a drawing thereof must be submitted to the competent
authorities for examination and approval.
Article 21
The designation of restricted navigation zones in coastal waters must be
approved by the State Council or the competent authorities. However, the
designation of restricted navigation zones for military purposes shall be
approved by the competent department of the state in charge of military
affairs.
The restricted navigation zones shall be announced by the competent
authorities.
Article 22
Without the approval of the competent authorities, no installations may be
established or constructed, nor may any activities that hinder
navigational safety be carried out in harbour areas, anchorages,
navigation lanes, or crowded navigable areas, as well as in navigation
routes announced by the competent authorities.
With respect to any installations which have been established or
constructed in the above-mentioned areas without authorization, the
competent authorities shall have the right to order their owners to remove
or dismantle the installations within a given period of time.
Article 23
It shall be forbidden to damage navigation aids or navigational
facilities. Whoever has damaged navigation aids or navigational facilities
shall immediately report the damage to the competent authorities and be
liable for compensation.
Article 24
Vessels and installations shall promptly make a report to the competent
authorities if they discover any of the following situations:
(1) If navigation aids or navigational facilities malfunction or become
abnormal;
(2) if an obstacle or drifting object jeopardizing the safety of
navigation is discovered; or
(3) if there are other abnormal situations jeopardizing the safety of
navigation.
Article 25
No obstacle affecting the efficacy of navigation aids may be erected or
installed in areas surrounding the aids. Any lights in the vicinity of the
navigation aids or navigational lanes that jeopardize navigation safety
shall be properly screened.
Article 26
When removing or dismantling installations, salvaging or removing sunken
ships or objects, and handling the finishing operations of underwater
projects, no hidden dangers shall be left to menace navigational or
operational safety. Before the aforesaid operations have been properly
completed, their owners or managers must be responsible for erecting
markers as required and making an accurate report to the competent
authority on the type, shape, size and location of the obstacle and the
depth of water over it.
Article 27
Safety administration must be strengthened with respect to harbour
wharves, mooring points and loading spots outside of harbour areas as well
as ship locks, so that they are always kept in good condition.
Article 28
To meet the requirements of maritime traffic safety, the competent
authority shall fix and adjust traffic control areas and harbour
anchorages. The designation of anchorages outside of harbour areas shall
be announced by the competent authority after the report relative thereto
has been submitted to and approved by higher authorities.
Article 29
The competent authorities shall, in accordance with relevant provisions of
the state, be responsible for issuing navigational warnings and
navigational notices.
Article 30
In order to ensure the safety of navigation, berthing and operations, the
departments concerned shall maintain unimpeded communications facilities,
ensure distinct and effective navigation aids and navigational facilities
and, in a timely manner, provide offshore meteorological forecasts and
necessary books and reference materials concerning maritime navigation.
Article 31
When vessels and installations are involved in accidents that jeopardize
or may jeopardize traffic safety, the competent authorities shall have the
right to take necessary, compulsory measures to deal with the matter.
Chapter VI Transport of Dangerous Goods
Article 32
When vessels or installations store, load, unload or transport dangerous
goods, they must maintain safe and reliable equipment and conditions and
observe the state provisions governing the control and transport of
dangerous goods.
Article 33
When vessels load and transport dangerous goods, they must go through the
procedures for declaration to the competent authorities and they may not
enter or leave the harbour or load or unload until approval has been
obtained.
Chapter VII Rescue from Disasters at Sea
Article 34
When vessels, installations or aircraft are in distress, they shall, in
addition to issuing distress signals calling for help, use the quickest
method possible to report to the competent authorities the time and place
of the accident, the extent of damage, the assistance required and the
cause of the accident.
Article 35
Vessels, installations or aircraft in distress and their owners or mangers
shall take all effective measures to organize their own rescue efforts.
Article 36
When vessels or installations in the vicinity of the scene of an accident
receive a distress signal or discover that people's lives are endangered,
they shall do their best to rescue the people in distress insofar as their
own safety is not seriously endangered, and promptly report to the
competent authorities the situation at the scene, their own names, call
numbers and positions.
Article 37
Vessels or installations involved in a collision shall exchange their
names, nationalities and ports of registry and do their best to rescue
personnel in distress. The vessels involved may not leave the scene of
the accident without authorization, insofar as their own safety is not
seriously endangered.
Article 38
Upon receiving a request for rescue, the competent authorities shall
immediately organize a rescue operation. All units concerned and vessels
or installations in the vicinity of the scene must act under the orders of
the competent authorities.
Article 39
When a foreign country intends to dispatch vessels or aircraft into the
territorial waters or the airspace over the territorial waters of the
People's Republic of China to search for and rescue vessels or people in
distress, it must obtain the approval of the competent [Chinese]
authorities.
Chapter VIII Salvage and Removal of Sunken and Drifting Objects
Article 40
With respect to sunken or drifting objects that may affect the safety of
navigation and the management of navigation lanes, as well as those
constituting a threat of explosion, the owners or managers thereof shall
salvage and remove such objects within a deadline set by the competent
authorities. Otherwise, the competent authorities shall have the right to
take measures to compel the salvage and removal of the objects, and their
owners or managers shall bear all the expenses incurred thereby.
The provisions of this Article shall not prejudice the rights of the
owners or managers of the sunken or drifting objects to demand
compensation from third parties.
Article 41
No sunken vessels or sunken objects in the coastal waters may be salvaged
or dismantled without the approval of the competent authorities.
Chapter IX Investigation and Handling of Traffic Accidents
Article 42
Any vessel or installation involved in a traffic accident shall submit a
written accident report and relative materials to the competent
authorities and accept its investigation and handling of the accident.
While being investigated by the competent authorities the parties involved
in the accident and relevant personnel must give a truthful account of
circumstances at the scene of the accident and other relevant information.
Article 43
In the event of a traffic accident that involves a vessel or installation,
the competent authorities shall ascertain the cause of the accident and
fix the responsibility for it.
Chapter X Legal Liability
Article 44
The competent authorities shall, in the light of the circumstances, impose
one or more of the following penalties on anyone who violates this Law:
(1) warnings;
(2) withholding or revoking work certificates; or
(3) fines.
Article 45
If a party does not accept the penalty of a fine or revocation of his work
certificate imposed by the competent authorities, he may bring suit in a
people's court within 15 days after receiving notification of the penalty.
If he neither brings suit nor complies with the penalty upon the
expiration of that period, the competent authorities shall request
compulsory enforcement from the people's court.
Article 46
A civil dispute arising from a maritime traffic accident may be settled
through mediation by the competent authorities. If the parties are
unwilling to have the case mediated or if the mediation is unsuccessful,
the parties may bring suit in the people's court. Parties to a case
involving foreign interests may also submit the case to an arbitration
agency for mediation, in accordance with the written agreement concluded
between them.
Article 47
Those whose violation of this Law constitutes a crime shall be
investigated for their criminal responsibility by judicial organs in
accordance with the Law.
Chapter XI Special Provisions
Article 48
Within the waters of fishing harbours, the state fisheries administration
and fishing harbour superintendence agencies shall exercise the functions
and powers of the competent authorities as provided in this Law, being
responsible for the supervision and administration of traffic safety and
for the investigation and handling of traffic accidents between fishing
vessels in coastal waters. Concrete measures for implementation shall be
separately prescribed by the State Council.
Article 49
The internal administration of offshore military jurisdictional areas and
military vessels and installations, the administration of surface and
underwater operations carried out for military purposes, and the
inspection and registration of public security vessels, the provision of
their personnel and the issuing of their port entry and departure visas
shall be separately prescribed by the relevant competent departments of
the state in accordance with this Law.
Chapter XII Supplementary Provisions
Article 50
For the purpose of this Law, the definitions of the following terms are:
"Coastal waters" means the harbours, inland waters, territorial waters and
all other sea areas under the jurisdiction of the state along the seacoast
of the People's Republic of China.
"Vessels" means all types of displacement or non-displacement ships,
rafts, seaplanes, submersibles and mobile platforms.
"Installations" means all types of surface and underwater structures or
installations, whether fixed or floating, and fixed platforms.
"Operations" means investigations, exploration, exploitation, survey
construction, dredging, demolition, rescue, salvage, towing, fishing,
aquatic breeding, loading and unloading, scientific experimentation and
other surface and underwater operations.
Article 51
The competent department of the State Council shall, on the basis of this
Law, formulate rules for its implementation, which shall go into effect
after being submitted to and approved by the State Council.
Article 52
In cases of conflict between laws and regulations pertaining to maritime
traffic safety hitherto promulgated and this Law, this Law shall prevail.
Article 53
This Law shall go into effect on January 1, 1984.
Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
关于进一步开展中小学勤工俭学活动的暂行规定
山西省政府
关于进一步开展中小学勤工俭学活动的暂行规定
山西省政府
第一条 勤工俭学是以发展教育事业为宗旨的多种形式的生产经营活动和教育活动,是教育事业的重要组成部分。为了进一步促进我省中小学勒工俭学的发展,根据国务院的有关规定,制定本规定。
第二条 开展勤工俭学,当前应以校办企业(含工、农、林、牧、商、服、饮、修以及科技开发、技术咨询和实用人才培训等,下同)为主要形式。
各级教育行政部门应加强对勤工俭学的领导和管理。各级计划、经济、财政、金融、税务、工商行政管理、劳动、人事、物资等有关部门,应积极扶持校办企业的发展。
第三条 各级教育行政部门,应按照国发(1983)25号《国务院批转教育部等部门关于进一步开展勤工俭学活动的请示和通知》和国办发〔1987〕72号《国务院办公厅转发国家教育委员会关于教育部门勤工俭学管理机构有关问题请示的通知》的要求,设置勤工俭学管理机构。各地原有
的勤工俭学领导组,应予保留或恢复。
第四条 中小学校兴办各类企业,应经教育行政部门审核同意后,按规定向当地工商行政管理机关申请登记,领取营业执照。
校办企业应为事业性质,实行企业化管理,独立核算,自负盈亏。
第五条 校办企业具有生产和经营双重职能。
校办企业应当坚持改革、开放、搞活的方针,在管理体制上,逐步实行所有权和经营权的分离,推行各种形式的经济责任制;注意技术引进、技术改造和新产品开发,不断提高生产水平与经济效益,增强校办企业的竞争能力和自我发展能力。
第六条 各级人民政府及其有关部门,应把校办企业纳入地方经济发展规划,在产供销等方面予以统筹安排。校办企业生产所需的材料、设备、燃料等国家统配物资,按企业隶属关系由当地计划部门统筹解决。省根据需要可适当给予专项补助。
各厂矿企业、大专院校和科研单位,应采取扩散产品、联合经营、来科加工、建立厂外车间以及提供科技成果和科技信息等方式,帮助中小学开展勤工俭学。
工业主管部门应把所属企业扶持校办企业的工作纳入计划,并负责检查落实。
第七条 开展勤工俭学所需的资金,应主要依靠校办企业内部逐步积累解决。在办厂初期或临时发生资金周转困难时,可依照下列办法解决:
一、由教育行政部门在保证教育经费正常需要的前提下,从教育经费中统筹安排一定数量的勤工俭学周转金;
二、省、地、县财政部门,根据财力情况,每年安排一定数量的勤工俭学周转金;
三、由教育行政部门,在本系统内适当调借教育事业费作为周转金有偿使用;
四、由教育行政部门按规定提取勤工俭学统筹资金;
五、各级工商银行、农业银行每年安排一定数量贷款额度;
六、发动社会各行各业、各有关部门及热心教育事业的人士赞助;
七、经上级教育行政部门批准,部分校办企业可试行股份制。
第八条 校办企业除按原规定免征校办工业、农业的所得税和能源交通重点建设基金外,属下列情况的,在税收政策上给予优惠:
一、小学校办企业,除生产销售全国统一规定不许减免税的产品需按规定征收产品税、增值税外,对生产销售的其它产品及兴办的服务性企业,给予免征产品税、增值税、营业税二年的照顾。兴办的商业企业,需按规定征收营业税。应纳税的校办企业如确有困难的,可按税收管理体制
规定,提出申请经税务机关批准后,给予定期减免税照顾。
二、中、小学校兴办的商业、服务业等第三产业,免征所得税二年,减免税部分应主要用于教育事业发展。
三、中、小学的校办企业与外单位联合兴办企业的征税等其它税收问题一律按国务院国发〔1989〕9号文件规定执行。
四、校办集体企业,如承包或出租给外单位或个人经营的,由承包一方按规定纳税。
第九条 各级教育行政部门,应把勤工俭学基地建设作为学校建设的一项重要内容,纳入学校建设总体规划,统筹安排。
在农村经学校申请,当地人民政府可根据实际情况,划拨一部分土地(包括山林、水搪、牧场等),作为学校生产经营基地和学生劳动基地,归学校长期使用。
各地还应积极创造条件,扩大现有校办企业的规模,使之逐步适应劳动技术教育和职业技术培训的要求。对于有较好经济效益,但不宜学生参加劳动的企业或项目,可以开辟新的,以老养新。
教育行政部门应积极扶持校办企业的扩建、改建工作,并统一列入学校的基建、维修计划。
第十条 校办企业的利润,可按规定先抵补上年亏损和按规定用贷款项目新增利润归还贷款后,交纳所得税,税后利润按下列规定比例进行调整:
一、校办工厂:
1、上缴学校 40%
2、公积金 40%
3、公益金 10%
4、企业基金 5%
5、统筹基金 5%
二、校办农业(包括商、服、饮各业):
1、上缴学校 60%
2、公积金 25%
3、公益金 10%
4、企业基金 3%
5、统筹基金 2%
新办企业可免缴统筹基金一年。
第十一条 校办企业上缴学校的资金,应由上级教育行政部门核定,一次或数次拨给学校使用。主要用于学校改善办学条件和教职员工福利待遇,其开支比例可按六四分成。校办企业,完成上缴学校资金后,有权拒绝学校摊派的费用。学校的一切合理开支,也不得在校办企业摊销。
统筹基金应遵循逐级上缴的原则,校办企业应于年末上缴给所属教育行政部门的勤工俭学的管理机构;各地、市、县(区)应将所收取的统筹基金的百分之二十上缴上级勤工俭学管理机构统一使用。
各级教育行政部门提取的统筹基金,主要用于扶持校办企业发展生产、技术开发、技术改造。其中,可提取百分之二十至百分之二十五,作为勤工俭学的业务活动基金和对勤工俭学管理人员(包括校、厂长)及有功人员的奖励基金。
第十二条 校办企业可根据需要从社会企事业单位、大专院校、科研院所招聘各种专(兼)职技术人员,其报酬由双方单位协商确定。
对学校教职工参与校办企业经营活动和生产技术开发,并取得经济效益的,可按取得经济效益的多少给予合理的补贴和奖励。对为校办企业承揽任务、采购原材料、推销产品、传播技术信息等的教职工,允许企业给予适当补助和奖励。
第十三条 各级劳动人事部门和教育行政部门要核定适当的事业编制,用于勤工俭学。
学校派到校办企业的教职工,仍属学校事业编制。
校办企业的其它各类专业技术人员,应评聘相应的专业技术职务。
第十四条 对从事勤工俭学有突出贡献的单位和个人,应予表彰和奖励。
受到国家、省、地(市)、县(市、区)教育行政部门表彰的勤工俭学先进个人,享受同级教育行政部门表彰的优秀教师等待遇。
第十五条 校办企业职工的劳动福利及粮食补贴标准等,可根据企业生产经营情况,并参照同行业、同工种的标准执行,由当地有关部门解决。
学校派到校办企业的教职工,在企业工作期间,其各种劳保、奖金及福利待遇可按国家和地方同类企业的有关规定执行。
各级教育行政部门应加强对校办企业职工的思想政治教育和专业技术培训,结合本地区的具体情况,举办各种形式的培训班,有计划地培训校办企业工人、技术人员、财会人员和经济管理人员,并应建立相应的考核、奖惩制度。
各有关部门要对培训工作给予指导和帮助。
第十六条 校办企业经有关部门批准,可招聘合同工和临时工。
在分配大中专毕业生、录用职业中学毕业生时,应适当照顾校办企业生产发展基地建设的需要。
第十七条 本规定由山西省教育委员会负责解释。
第十八条 本规定自发布之日起施行。
1989年6月27日