Regulation of China on Seamen

• Area of Law： Traffic and Transport
• Level of Authority： Administrative Regulations
• Date issued：03-01-2017
• Effective Date：03-01-2017
• Status： Effective
• Issuing Authority： State Council

Regulation of China on Seamen
(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; revised for the second time in accordance with the Decision of the State Council on Amending Some Administrative Regulations on December 7, 2013; and revised for the third time in accordance with the Decision of the State Council on Amending Some Administrative Regulations on July 29, 2014; and revised for the fourth time in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 1, 2017)
Chapter I General Rules
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.
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 ofseamen.
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 Qualificationsof Seamen
Article 4 The term "seaman" as mentioned in this Regulation refers to the personnel who has been registered asa seaman and obtained a seaman's service book, including masters, officers andratings.
“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.
“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.
“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:
(1) Having attained to the age of 18 (16 as for a trainee or probationer) but not more than 60 years old;
(2) Satisfying the health requirements for seamen;
(3) Having completed the basic safety training and having passed the examination of the maritime administrative organ.
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.
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.
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.
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.
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:
(1) He is dead or d missing;
(2) He loses his civil capacity;
(3) His seaman's service book is revoked according to law;
(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.
To apply for the certificate of competence for seamen, one shall satisfy the following requirements:
(1) He has obtained the seaman's service book;
(2) He meets the health requirements for the post he holds;
(3) He has gone through the corresponding competence training and special training for seamen;
(4) He has corresponding qualification and seniority and his performance and safety records are good.
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.
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.
The valid period of a certificate of competence shall be no longer than 5 years.
Article 12 The post of master of a ship of Chinese nationality shall be assumed by a Chinese seaman.
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.
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.
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.
To apply for a seaman's book of the People'sRepublic of China, one shall satisfy the following requirements:
(1) He is a citizen of the People'sRepublic of China;
(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.
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.
The valid period of the seaman's book of the People's Republic of China shall be no longer than 5 years.
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.
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
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;
(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;
(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;
(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;
(6) Doing his best to save personnel in danger under the precondition of not severely endangering his own personal safety;
(7) Not illicitly carrying passengers or cargos, not bringing any prohibited article.
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.
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;
(2) Formulating emergency plans and ensuring their effective implementation;
(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;
(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 districtor 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;
(7) Safeguarding the safety of the personnel working on board or going on board temporarily;
(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;
(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.
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.
A capital may exercise the following powers for the purpose of fulfilling duties:
(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;
(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;
(3) When he is aware that the pilot'scontrol 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;
(4) When the ship is in distress and the life safety of the persons on board is threatened, he may make a decision one vacuating from the ship;
(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;
(6) He may remove incompetent seamen from their posts.
When the ship is under seaway, the mastermay, 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.
Chapter IV Professional Safeguard for Seamen
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.
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.
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.
Where a seaman gets sick or is injured when he is working on a ship, his employer shall give prompt treatment; where aseaman is missing or dead, his employer shall do a good job in dealing with the problems arising therefrom in a timely manner.
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.
No employer of seamen may recruit any personnel without corresponding certificates as required by this Regulation to work onboard.
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.
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.
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.
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.
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 onboard.
Article 31 Where any seaman falls under any of the following circumstances when he is working on a ship, he may request for repatriation:
(1) His labor contract terminates or is terminated according to law;
(2) He lacks competence for holding corresponding post on board;
(3) The ship is lost;
(4) The ship is heading for a war zone orepidemic-stricken area without obtaining the consent of seamen;
(5) His employer or the ship owner cannot continue performing its statutory or contractual obligations as an employer of the seaman for reason of bankruptcy, sale of ship, change of ship's registration information or any other similar reason.
Article 32 A seaman may choose a place to which he is to be repatriated from the following options:
(1) The place where he is recruited or embarks to hold office;
(2) The place of his residence, the place of his domicile or the registered place of the ship's nationality;
(3) The place which the employer or the ship owner agrees.
Article 33 Repatriation expenses of a seaman shall be paid by his employer. Repatriation expenses include travel costs, reasonable expenses for food, accommodation and medical care during the journey and expenses for transporting luggage of 30 kilograms.
Article 34 In the case of any infringement on a seaman's right to repatriation, the department of civil affairs of the then locality of the seaman or the overseas consulate of the People's Republic of China shall render assistance to him, and directly repatriate him when necessary. The employer of the seaman shall refund the expenses paid by the department or the overseas consulate in advance.
Chapter V Seaman Training and Service
Article 35 A seaman applying for working onboard shall go through corresponding basic safety training and competence training for seamen as required by the administrative department of transportation of the State Council.
A seaman working on a ship carrying dangerous articles, a passenger ship or any other special ship shall also go through corresponding special training.
Article 36 A legally established training center shall satisfy the following requirements to engage in seaman training:
(1) Having the places, facilities and equipments required by seaman training;
(2) Having the teaching personnel and managerial personnel required by seaman training;
(3) Having a sound seaman training management system and a sound safety guard system;
(4) Having a seaman training quality control system required by the administrative department of transportation ofthe State Council.
Article 37 To engage in seaman training business, a legally established training center shall send an application to the state maritime administrative organ and attach the evidentiary materials asrequired by Article 36 of this Regulation.
The state maritime administrative organ shall, within 30 days since the day when the application is received, make adecision on approval or disapproval. In the case of approval, it shall issue a seaman training license to the applicant; in the case of disapproval, it shall send a written notice to the applicant and give reasons.
Article 38 An institution engaging in eaman training shall, in accordance with the seaman training outline formulated by the administrative department of transportation of the State Council and the requirements on water traffic safety, prevention of ship pollution and ship security, etc., provide seaman training services within the authorized scope and ensure training quality.
Article 39 To provide services for seamen of ocean ships, such as handling application formalities for training, tests,and certificates (including foreign certificates for seamen of ocean ships) on behalf of seamen of ocean ships, managing seaman affairs on behalf of employers of seamen of ocean ships, and providing ocean ship manning, an institution shall satisfy the following requirements:
(1)It is a legal person legally established within the territory of the People's Republic of China.
(2)It has two or more executives with experiences of holding a post of senior officer.
(3)It has seaman service management rules in compliance with the provisions issued by the transportation administrative department of the State Council.
(4)It has service capacity required by its business.
Article 40 An institution providing services for seamen of ocean ships shall file a written application with the maritime administrative agency, to which the evidentiary materials prescribed in Article 39 of this Regulation shall be attached.
The maritime administrative organ shall,within 30 days since the day when the application is received, make a decision on approval or disapproval. In the case of approval, it shall issue a corresponding approval document to the applicant; in the case of disapproval,it shall send a written notice to the applicant and give reasons.
Article 41 An institution providing services for seamen of inland river ships or ocean ships (hereinafter referred to as a 'seaman service provider') shall establish files for its seamen,strengthen ship manning management, keep informed of the seamen's training,qualifications and experiences, safety records and health status, and file the above-mentioned information with the maritime administrative organ for archival filing.
An employer directly recruiting seamen shall observe the provisions of the preceding paragraph.
Article 42 A seaman service provider shallpublicize its service items and corresponding charging rates.
Article 43 A seaman service provider shall,when providing services for seamen, be honest and keep its word, and may not provide any false information or damage the legitimate rights and interests of any seaman.
Article 44 A seaman service provider shall,when providing ship manning service to an employer of seamen, urge the latter to conclude labor contracts with seamen according to law, and stop providing seaman services to it in case it fails to do so.
In the case of the missing or death of any seaman provided by a seaman service provider to an employer of seamen, the seaman service provider shall cooperate with the employer to properly handle the accident-related problems.
Chapter VI Supervision and Inspection
Article 45 The maritime administrative organ shall establish and improve a supervision and inspection system for the administration of seamen, lay particular stress on the supervision and inspection of the registration, competence and qualifications, fulfillment of duties and safety records of seamen, training quality of seaman training centers, honesty and good faith of seaman service providers and the protection of the legitimate rights and interests of seamen by employers of seamen, etc.,urge employers of seamen, ship owners and the relevant institutions to establish and improve corresponding systems to safeguard the personal safety,sanitation, health and labor security of seamen when they are working on board and urge them to carry the corresponding safeguard measures into effect.
Article 46 As for the supervision andinspection of seamen, the maritime administrative organ shall check the validity of the certificates carried by seamen and their fulfillment of duties,and may make onsite checks when necessary.
Article 47 Where any seaman who has obtained a seaman's service book, a certificate of competence or a seaman'sbook of the People's Republic of China or any institution which has obtained the permit for engaging in seaman training or for providing services for seamen of ocean ships does not satisfy the prescribed requirements any longer, the maritime administrative organ shall order him/it to correct with a certain timelimit; if he/it refuses to do so or it is impossible for it/him to do so, the maritime administrative organ shall cancel the corresponding administrative license and handle the formalities for writing off the administrative license according to law.
Article 48 As for a seaman who has any violation against the laws and administrative regulations on on-water traffic safety or prevention of ship pollution, the maritime administrative organ shall impose an administrative penalty upon him and accumulate the demerits of penalty. As for a seaman whose accumulated demerits have reached a prescribed standard, the maritime administrative organ shall detain his certificate of competence, order him to accept training in the laws and administrative regulations on on-water traffic safety or prevention of ship pollution and take corresponding examinations, and return the certificate of competence to him in case he passes the examination.
Article 49 Where any ship violates this regulation or any other relevant law or administrative regulation, the maritime administrative organ shall order it correct within a certain time limit; if it fails to do so, the maritime administrative organ may prohibit it from leaving the port or restrict its navigation, anchor or operation.
Article 50 Supervision and inspection of the maritime administrative organ shall be conducted by at least two law-enforcement officers, who shall produce valid certificates for law enforcement.
The maritime administrative organ may, when conducting supervision and inspection, inquire the parties concerned, the related entities or individuals to know the real situation, look up and copy the relevant materials, and keep trade secrets of the entities or individuals concerned.
Any entity or individual subject to the supervision and inspection of the maritime administrative organ shall truthfully provide the relevant materials or information.
Article 51 The maritime administrative organ shall publicize the issues subject to public administration, the rules of procedure, telephone numbers for reporting offenses, postal address and e-mail,etc., and consciously subject itself to social supervision.
Article 52 The administrative department of labor security shall make more efforts in supervising and inspecting the observance of laws, regulations and other state provisions on labor and social security by employers of seamen.
Chapter VII Legal Liabilities
Article 53 Where anyone violates this Regulation by obtaining his seaman's service book, certificate of competence for seamen, certificate of quality seaman training or seaman's book of the People's Republic of China, the maritime administrative organ shall revoke the relevant certificate and impose a fine of no less than 2000 yuan but no more than 20,000 yuan.
Article 54 Where anyone violates this Regulation by forging, altering or trading any seaman's service book,certificate of competence for seamen, certificate of quality seaman training or seaman's book of the People's Republic of China, the maritime administrative organ shall take over the relevant certificate, impose a fine of no less than 20,000 yuan but no more than 100,000 yuan and confiscate the illegal gains, if any.
Article 55 Where any item recorded in the seaman's service book is changed but the seaman fails to go through corresponding modification formalities, the maritime administrative organ shall order him to correct and may impose a fine of no more than 1000 yuan.
Article 56 Where any seaman violates this Regulation by failing to carrying the valid certificates as required during the period when he is working on board, the maritime administrative organ shall order him to correct and may impose a fine of no more than 2000 yuan.
Article 57 Where any seaman violated this Regulation by falling under any of the following circumstances, the maritime administrative organ shall impose a fine of no less than 1000 yuan but no more than 10,000 yuan, and, where the circumstance is serious, impose a punishment of temporally suspending his seaman's service book or certificate of competence for no less than 6 months but no more than 2 years or even revoke his seaman's service book or certificate of competence:
(1) Failing to observe the watch-keeping provisions by walking off the job without approval;
(2) Failing to operate, control or manage the ship pursuant to the operating rules on on-water traffic safety and prevention of ship pollution;
(3) Failing to reporting in a timely manner in case any dangerous situation, accident, security incident or any other circumstance affecting navigational safety is found or occurs;
(4) Failing to truthfully fill in or recordthe relevant statutory writs;
(5) Hiding, altering or destroying any statutory writ or certificate;
(6) Failing to fulfill the obligation to render salvage service or escaping after causing a trouble;
(7) Illicitly carrying passengers or cargosby using the ship or carrying prohibited articles.
Article 58 Where any master violates this Regulation and falls under any of the following circumstances, the maritime administrative organ shall impose a fine of no less than 2000 yuan but no more than 20,000 yuan, and, where the circumstance is serious, impose a punishment of temporally suspending his seaman's service book or certificate of competence for no less than 6 months but no more than 2 years or revoking his seaman'sservice book or certificate of competence at the very most:
(1) Failing to ensure that the ship and the seamen have carried the legal and valid certificates, writs and the relevant navigation materials as required;
(2) Failing to ensure that the ship and the seamen are ready and competent when the ship sets sail, to ensure that the minimum requirement on safe manning is satisfied, or to ensure the normal tour of the ship;
(3) Failing to truthfully record a seaman's qualifications, experiences and performance in his seaman's service book;
(4) Failing to keep watch at the control bridge 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;
(5) Failing to be the last one leaving the ship in the event of ship abandonment or evacuation from the ship.
Article 59 Where any seaman's certificate of competence is revoked, he may not apply for such certificate within 2 years since the day when the certificate is revoked.
Article 60 Where any employer of seamen or ship owner violates this Regulation by committing any of the following behaviors, the maritime administrative organ shall order it/him to correct and impose a fine of no less than 30,000 yuan but no more than 150,000 yuan:
(1) Recruiting any personnel failing to acquire corresponding valid certificate as required by this Regulation;
(2) A Chinese ship recruits foreign seaman to assume the post of master without approval;
(3) The living and work places of seamen fail to satisfy the requirements of the ship inspection rules of China on living environment, job safety and safeguard measures;
(4) Failing to fulfill the obligation of repatriation;
(5) Failing to promptly treat and cure a seaman who gets sick or is injured when he is working on board.
Article 61 Where any institution violates this Regulation by engaging in seaman training without getting a seaman training license, the maritime administrative organ shall order it to correct,impose a fine of no less than 50,000 yuan but no more than 250,000 yuan and confiscate the illegal gains, if any.
Article 62 Where any seaman training center violates this Regulation by failing to provide training in accordance with the training outline formulated by the administrative department of transportation of the State Council and the requirements on on-water traffic safety and the prevention of ship pollution, the maritime administrative organ shall order it to correct and may impose a fine of no less than 20,000 yuan but no more than 100,000 yuan; where the circumstance is serious, it may also impose a punishment of temporally suspending its seaman training license for no less than 6 months but no more than 2 years or even revoke its seaman training license.
Article 63 Where any institution violates this Regulation by providing service for seamen of ocean ships without approval, the maritime administrative organ shall order it to correct, impose a fine of no less than 50,000 yuan but no more than 250,000 yuan and confiscate the illegal gains, if any.
Article 64 Where any seaman service provider or employer of seamen violates this Regulation by failing to file the relevant situation on the seamen it recruits with the maritime administrative organ for archival purposes, the maritime administrative organ shall order it to correct and impose a fine of no less than 5000 yuan but no more than 20,000yuan.
Article 65 Where any seaman service provider violates this Regulation by providing any false information for seamen or cheating them, the maritime administrative organ shall order it to correct,impose a fine of no less than 30,000 yuan but no more than 150,000 yuan, and,where the circumstance is serious, impose a punishment of temporally suspending its seaman training license for no less than 6 months but no more than 2 years or even revoke its seaman training license.
Article 66 Where any seaman service provider violates this Regulation by offering seamen to an employer of seamen who fails to conclude labor contracts with seamen, the maritime administrative organ shall order it to correct, impose a fine of no less than 50,000 yuan but no more than 250,000 yuan, and, where the circumstance is serious, impose a punishment of temporally suspending its seaman training license for no less than 6 months but no more than 2 years or even revoke its seaman training license.
Article 67 Where any staff of the maritime administrative organ falls under any of the following circumstances, he shall be punished according to law:
(1) Illegally issuing any seaman's service book, certificate of competence for seamen or seaman's book of the People's Republic of China, or illegally approving any seaman training center or an institution providing services for seamen of ocean ships to engage in the relevant activities;
(2) Failing to fulfill supervision and inspection duties according to law;
(3) Failing to enforce administrative compulsion or administrative penalty according to law;
(4) Abusing his authority, neglecting his duties or other similar behaviors.
Article 68 Where any individual or entity seriously violates this Regulation and a crime is constituted, he/it shall be subject to criminal liabilities according to law.
Chapter VIII Supplementary Rules
Article 69 To apply for taking the examination of seaman's service book or certificate of competence for seamen,one shall pay examination costs in accordance with the relevant provisions of the state.
Article 70 The training of pilots shall be governed by the provisions of this Regulation on the training of seamen. The specific Measures on the administration of pilots shall be developed by the administrative department of transportation of the State Council.
Article 71 The administration of the seamenof military ships shall be governed by the provisions of the state and the Army.
The fishery administrative department under the State Council shall be responsible for the administration of fishing seamen, and the specific administrative measures shall be formulated by the fishery administrative department under the State Council by referring to this Regulation.
Article 72 Employers of seamen and seamen shall observe the laws, administrative regulations and the relevant state provisions on labor and social security, unless it is otherwise provided by this Regulation.
The obtainment of professional and technical titles by seamen and the appointment of professional and technical posts shall be governed by the relevant state provisions.
Article 73 This Regulation shall come into force as of September 1st, 2007.