The Provisions on Marine and Maritime Administrative Penalty were promulgated on 1 Sept. 2021, and entered into force on the same date. The previous version of the Provisions, namely the Provisions of the People’s Republic of China on Marine and Maritime administrative penalties (2015), and the two Decisions on Revising the Provisions of the People’s Republic of China on Marine and Maritime administrative penalties (2017 and 2019) were repealed at the same time.
There are 47 articles in total. The Provisions aim to regulate marine and maritime administrative penalties, maintain the maritime traffic order, and prevent vessels from polluting water areas.
The key points are as follows:
Maritime administrative penalties shall be imposed by the maritime administrative authorities in accordance with the law. When imposing maritime administrative penalties, the maritime administrative authorities shall order the party concerned to correct or correct the maritime administrative violations within a prescribed period.
The maritime administrative penalties shall be commensurate with the facts, nature, circumstances, and extent of social harm caused by maritime administrative violations.
Where a maritime administrative violation is minor, corrected in good time, and does not result in any harmful consequences, no maritime administrative penalties shall be imposed. Maritime administrative penalties may be rescinded where a first violation causes trivial harmful consequences and is corrected in good time.
Where a party commits one maritime administrative violation, he or she shall not be imposed administrative penalties of more than two fines. Where a fine shall be imposed for the same illegal act violates several legal norms, the provisions on the higher amount shall apply.