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Provisions on Conditions for Maritime Administrative Licensing (2021)

海事行政许可条件规定

Type of laws Departmental rule

Issuing body Ministry of Transport

Promulgating date Sep 01, 2021

Effective date Sep 01, 2021

Validity status Valid

Scope of application Nationwide

Topic(s) Maritime Law

Editor(s) Huang Yanling 黄燕玲

Provisions on Conditions for Maritime Administrative Licensing were promulgated on 29 May 2015, and amended in 2016, 2017, 2018 and 2021 respectively. The latest revision entered into force on 1 Sept. 2021.

There are 19 articles in total. The Provisions aim to implement maritime administrative licensing in accordance with the law and maintain the legitimate rights and interests of all parties involved in maritime administrative licensing.

The key points are as follows:

  1. The conditions for applying, accepting, examining and determining the maritime administrative licensing shall be in compliance with the Provisions.

  2. The conditions for licensing a foreign ship to temporarily enter into the water area that is not open to the outside shall be: (1) the ship has complete and effective certificates, documents, and materials; (2) the manning of the ship complies with the requirements for minimum safe manning, and the seafarers have the competency qualification; (3) the ship’ s plan to temporarily enter into the water area not open to the outside has been approved by the local port inspection authority, competent military authority, and local people’s government, and the relevant competent authority of the State has approved the temporary entry of international ship; and the wharfs, berths, and spots for loading and unloading outside the port satisfy the requirements for safety, pollution prevention, and security; (4) the cargo carried by the ship does not contain any goods or article that is prohibited from entering into the territory by the State; the ship that carries dangerous goods and goods with hazard of pollution has handled formalities for the ship to enter into the port; and (5) the nuclear-powered ships or other special ships shall comply with the relevant provisions of the laws, administrative regulations, and rules of China.

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