Article 1 These Regulations are formulated for the purpose of strengthening the management of seafarers, improving their quality, safeguarding their legitimate rights and interests, ensuring the safety of water traffic and protecting the water environment. Article 2 These Regulations shall apply to crew registration, employment, training, occupational safety and crew service activities in People's Republic of China (PRC). Article 3 The traffic administrative department of the State Council shall be in charge of the management of crew members throughout the country. The national maritime administrative agency shall be responsible for the unified implementation of crew management in accordance with these regulations. The maritime administrative agency responsible for managing the waters under the central jurisdiction and the local maritime administrative agency responsible for managing other waters (hereinafter referred to as the maritime administrative agency) shall be specifically responsible for crew management according to their respective responsibilities.
Chapter II Registration and Qualification of Crew Members
Article 4 The term "crew" as mentioned in these Regulations refers to the persons who have obtained the crew service book through crew registration according to the provisions of these Regulations, including the captain, officers and ordinary crew members. The term "captain" as mentioned in these regulations refers to the person who has obtained the qualification of captain in accordance with the provisions of these regulations and is responsible for the management and command of the ship. The term "senior crew" as mentioned in these Regulations refers to the chief officer, second officer, third officer, chief engineer, second engineer, second engineer, communications personnel and other senior technical or management personnel who have obtained corresponding qualifications in accordance with the provisions of these Regulations. The term "crew" as mentioned in these Regulations refers to other crew members except the captain and officers. Article 5 To apply for crew registration, the following conditions shall be met: (1) At least 18 years old (at least 16 years old as a ship intern), but no more than 60 years old; (2) meeting the health requirements of the crew; (three) to accept the basic safety training for seafarers and pass the examination by the maritime administrative agency. Those who apply for registration as crew members of international sailing ships shall also pass the professional foreign language examination for crew members. Article 6 To apply for crew registration, the applicant or his agent may submit a written application to the maritime administrative agency, and attach the certification materials that the applicant meets the conditions stipulated in Article 5 of these Regulations. The maritime administrative agency shall make a decision on whether to register the crew within 10 days from the date of accepting the application for registration of the crew. Those who meet the conditions stipulated in Article 5 of these Regulations shall register and issue a service book for seafarers. However, if the applicant's crew service book has been revoked according to law for less than five years, it will not be registered. Article 7 The seaman's service book is the seaman's professional identity document, which shall contain the seaman's name, domicile, contact person, contact information and other related matters. In case of any change in the items recorded in the crew service book, the crew shall go through the formalities of change with the maritime administrative agency. Article 8 Under any of the following circumstances, the maritime administrative agency shall cancel the registration of crew members and make an announcement: (1) Dead or declared missing; (2) having lost the capacity for civil conduct. (3) The crew service book has been revoked according to law; (4) I apply for cancellation of registration. Article 9 The crew members who take part in navigation and engine watch shall obtain corresponding certificates of competency for crew members in accordance with the provisions of these Regulations. To apply for a seaman's certificate of competency, the following conditions shall be met: (1) A seaman's service book has been obtained; (2) meeting the health requirements of the crew position; (3) Having received corresponding competency training and special training for seafarers; (4) Having the corresponding crew qualification, and having a good performance and safety record. Article 10 To apply for a seafarer's certificate of competency, a written application shall be submitted to the maritime administrative agency, with supporting materials that the applicant meets the conditions stipulated in Article 9 of these Regulations. The maritime administrative agency shall issue corresponding certificates of competency to those who meet the prescribed conditions and pass the qualification examination for seafarers organized by the national maritime administrative agency. Article 11 The seafarer's certificate of competency shall specify the navigation area (line), ship category and grade, position and validity period of the seafarer's competency. The validity period of the seafarer's competency certificate shall not exceed 5 years. Article 12 The captain of a ship of China nationality shall be a crew member of China nationality; If it is really necessary for a foreign crew member to be an officer, it shall be reported to the State Maritime Safety Administration for approval. Thirteenth China registered ships in foreign countries due to force majeure or other special circumstances can not meet the minimum requirements of the ship's safety manning, and need its crew at the next lower level to temporarily take up their posts at the next higher level, it shall apply to the maritime administrative agency. The maritime administrative agency shall issue corresponding certification documents according to the qualifications, performance and safety records of the crew to be a Class I crew member. Article 14 Where a person who has worked on a military vessel or a fishing vessel, or a seaman who holds a seaman's competency certificate from other countries or regions, applies for a seaman's competency certificate in accordance with the provisions of these Regulations, the maritime administrative agency may exempt the corresponding seaman's training and examination contents. The specific measures shall be formulated separately by the administrative department of communications of the State Council. Fifteenth China crew members who enter or leave the country as seafarers and work on ships of foreign nationality shall apply to the maritime administrative agency designated by the state maritime administrative agency for a seaman's certificate of the People's Republic of China. To apply for a seaman's certificate of the People's Republic of China, the following conditions shall be met: (1) being a citizen of People's Republic of China (PRC); (2) Holding a certificate of competency for the crew of an international sailing ship or having a clear task of leaving the country for the crew; (3) There are no laws or administrative regulations prohibiting leaving the country. Article 16 The maritime administrative agency shall make a decision of approval or disapproval within 7 days from the date of accepting the application. If approved, a seaman's certificate shall be issued to the People's Republic of China; If it is not approved, it shall notify the applicant in writing and explain the reasons. Article 17 The Seaman's Certificate of the People's Republic of China is a certificate for China seafarers to show their People's Republic of China (PRC) nationality when performing their duties abroad. If the seaman's certificate of the People's Republic of China is lost, stolen or damaged, it shall apply to the maritime administrative agency for a replacement. If the crew members are overseas, they shall apply to People's Republic of China (PRC)'s foreign embassies and consulates for replacement. The validity period of the seaman's certificate of the People's Republic of China shall not exceed 5 years. Article 18 Crew members who hold the seaman's certificate of the People's Republic of China shall enjoy the rights and access facilities in other countries and regions according to local laws, relevant international treaties and maritime transport or maritime transport agreements signed between People's Republic of China (PRC) and relevant countries. Article 19 Foreign crew members working on ships registered in China shall obtain employment permits in accordance with laws, administrative regulations and other relevant provisions of the state, and hold corresponding certificates stipulated by the transportation authorities in the State Council and relevant identity documents issued by the host country. Foreign crew members working on foreign ships sailing, berthing and operating in waters under the jurisdiction of People's Republic of China (PRC) and People's Republic of China (PRC) shall hold corresponding certificates stipulated in international treaties concluded or acceded to by People's Republic of China (PRC) and relevant identity documents issued by the governments of the countries to which they belong.
Chapter III Duties of Crew Members
Article 20 To work on a ship, a crew member shall meet the following conditions: (1) Holding valid certificates as stipulated in these Regulations; (two) to master the seaworthiness of the ship and the navigation guarantee of the route, as well as the necessary information about the weather and sea conditions in the navigation area; (3) Abide by the ship management system and duty regulations, operate, control and manage the ship in accordance with the operating rules for water traffic safety and ship pollution prevention, truthfully fill in the relevant legal documents of the ship, and shall not conceal, tamper with or destroy the relevant legal certificates and documents of the ship; (four) to participate in ship emergency training and drills, and to implement various emergency preventive measures in accordance with the requirements of ship emergency deployment; (5) Abide by the ship reporting system and report dangerous situations, accidents, security incidents or situations affecting navigation safety in a timely manner; (six) in the case of not seriously endangering their own safety, try their best to rescue people in distress; (seven) shall not use the ship to carry passengers and goods, and shall not carry prohibited items. Twenty-first orders issued by the captain within the scope of his functions and powers must be carried out by all personnel on board. Senior crew members shall organize subordinate crew members to carry out the captain's orders and urge them to perform their duties. Article 22 The master shall meet the following requirements when managing and commanding a ship: (1) Ensure that the ship and crew members carry certificates, documents and relevant navigation materials that meet the statutory requirements; (two) to formulate the ship emergency plan and ensure its effective implementation; (three) to ensure that the ship and its crew are seaworthy and competent when sailing, to ensure that the ship meets the minimum safety manning requirements, and to ensure that the ship is on duty normally; (four) to implement the instructions of the maritime administrative agency on water traffic safety and the prevention and control of ship pollution, and submit an accident report to the maritime administrative agency in case of water traffic accidents or pollution accidents; (five) to carry out daily training and assessment of the ship's crew, and truthfully record the service qualifications and performance of the crew in the ship's crew service book; (6) When a ship enters, exits, berths or leaves Hong Kong, passes through a traffic-intensive area and a dangerous navigation area, or encounters bad weather and sea conditions, or unexpected events such as water traffic accidents, ship pollution accidents, ship security accidents, etc., it shall be on duty at the bridge and direct the ship when necessary; (seven) to ensure the safety of the personnel on board and the temporary boarding personnel; (8) When an accident happens to a ship, endangering the safety of personnel and property on board, the crew and other personnel on board shall be organized to try their best to rescue; (9) When abandoning the ship, all measures should be taken. First organize passengers to leave the ship safely, and then arrange for the crew to leave the ship. Before leaving the ship, the captain should command the crew to try their best to rescue the log book, engine room log book, oil record book, radio log book, nautical chart and documents used in this voyage, as well as valuables, mail and cash. Article 23 The captain and senior crew members shall not resign, take leave or suspend their duties without authorization during the voyage. Article 24 The captain shall enjoy independent decision-making power in ensuring the safety of people and property on the water, the safety of ships and the prevention and control of water pollution from ships, and shall bear the ultimate responsibility. In order to perform his duties, the captain may exercise the following powers: (1) to decide on the navigation plan of the ship, and to refuse the right to sail or endurance if it does not meet the conditions for safe navigation of the ship; (2) refusing to carry out the orders of the crew employing unit or the owner of the ship that violate the regulations or may endanger the safety of relevant personnel, property and ships or may cause environmental pollution in waters; (3) If it is found that the pilot's command may pose a threat to the navigation safety of the ship or may cause environmental pollution in the waters, it shall be corrected and stopped in time, and the pilot may be required to be replaced if necessary; (4) When the ship is in distress and seriously endangers the life safety of the people on board, the captain may decide to evacuate the ship; (5) When the sinking or destruction of a ship is inevitable, the captain may decide to abandon the ship, but, except in case of emergency, it shall be reported to the owner for approval; (6) incompetent crew members may be ordered to leave their posts. When a ship is sailing at sea, in order to ensure the safety of personnel and the ship, the captain may, in accordance with the law, take confinement or other necessary measures against the personnel engaged in illegal and criminal activities on board.
Chapter IV Occupational Safety of Seafarers
Twenty-fifth crew employers and crew members shall participate in social insurance such as work-related injury insurance, medical insurance, old-age insurance and unemployment insurance in accordance with relevant state regulations, and pay all insurance premiums in full and on time according to law. The crew employing unit shall handle special personal health insurance for the crew working on ships sailing to or passing through war zones, epidemic areas or transporting toxic and harmful substances, and provide corresponding protective measures. Article 26 The places where the crew members live and work on board shall meet the requirements of the national ship inspection standards for the crew members' living environment, work safety and protection. The crew employing unit shall provide the crew with necessary articles for daily use, protective articles and medical supplies, establish health records of the crew, conduct regular health checks on the crew, and prevent and control occupational diseases. If the crew is sick or injured during the work of the ship, the crew employer shall give timely treatment; If the crew is missing or dead, the crew using unit shall do a good job in the aftermath in time. Article 27 The employer of seafarers shall conclude a labor contract with seafarers in accordance with the labor contract laws and regulations and the provisions of international treaties on seafarers' labor and social security concluded or acceded to by People's Republic of China (PRC). The crew employing unit shall not employ persons who have not obtained the certificates prescribed in these regulations to work on the ship. Twenty-eighth seafarers' trade unions should strengthen the protection of seafarers' legitimate rights and interests, guide and help seafarers to conclude labor contracts with employers. Twenty-ninth crew units shall pay reasonable wages to crew members according to the danger, hardship and mobility of their occupations, and pay them in full and on time. No unit or individual may deduct the wages of crew members. The crew employing unit shall pay the dispatched crew no less than the minimum wage standard announced by the people's government where the crew employing unit is located within the validity period of the labor contract. Thirtieth crew working hours on the ship shall meet the standards stipulated by the the State Council Municipal Department of transportation, and shall not be on duty due to fatigue. In addition to national statutory holidays, crew members are entitled to no less than 5 days' annual leave every 2 months on board. The employing unit shall pay the crew no less than the average salary of the crew during their annual leave. Article 31 A crew member may request repatriation under any of the following circumstances while working on the ship: (1) The crew's labor contract is terminated or dissolved according to law; (2) The crew members do not have the ability to perform their duties on the ship; (3) The ship is lost; (four) without the consent of the crew, the ship sailed to a war zone or an epidemic area; (five) due to bankruptcy, sale of the ship, change of ship registration or other reasons, the crew employer and the owner of the ship can not continue to perform the statutory or agreed obligations to the crew. Article 32 The crew members may choose the repatriation place from the following places: (1) the place where the crew members are recruited or the place where they work on the ship; (2) the household registration, domicile or country of registration of the crew; (3) the place agreed between the crew and the crew's employer or the shipowner. Article 33 The crew repatriation expenses shall be paid by the crew employing unit. Repatriation expenses include the transportation expenses of the crew, reasonable accommodation and medical expenses during the journey, and transportation expenses of 30 kilograms of luggage. Article 34 When a seafarer's right of repatriation is infringed, the civil affairs department where the seafarer was at that time or the consular offices of China people and other countries abroad shall provide assistance to the seafarer; If necessary, the crew can be repatriated directly. The expenses paid by the civil affairs department or China people's consular offices abroad for repatriating crew members shall be returned by the crew employing unit in a timely manner.
Chapter V Crew Training and Crew Services
Thirty-fifth crew members who apply to work on ships shall complete the corresponding basic safety training and competency training for crew members in accordance with the provisions of the the State Council Municipal Department of Transportation. Crew members working on special ships such as dangerous goods ships and passenger ships shall also complete corresponding special training. Article 36 A lawfully established training institution engaged in crew training shall meet the following conditions: (1) It shall have venues, facilities and equipment that meet the requirements for crew training; (2) Having teaching staff and management personnel suitable for crew training; (3) Having a sound crew training management system and safety protection system; (4) Having a quality control system for crew training that meets the requirements of the State Council Municipal Bureau of Transportation. Article 37 A training institution established according to law shall apply to the national maritime administrative agency for crew training, and attach the certification materials that meet the conditions stipulated in Article 36 of these Regulations. The national maritime administrative agency shall make a decision of approval or disapproval within 30 days from the date of accepting the application. If approved, a crew training license shall be issued; If it is not approved, it shall notify the applicant in writing and explain the reasons. Thirty-eighth institutions engaged in crew training shall, in accordance with the requirements of crew training outline and water traffic safety, prevention and control of ship pollution, ship security and other requirements, carry out crew training within the approved scope. It shall be stipulated by the traffic administrative department of the State Council to ensure the quality of crew training. Article 39 An institution that acts as an agent for seafarers to apply for training, examinations, certificates (including foreign seafarers' certificates) and other related procedures, and acts as an agent for seafarers' employers to manage seafarers' affairs and provide seafarers' services such as crew manning. The following conditions should be met: (1) a legal person established in People's Republic of China (PRC) and China according to law; (2) Having two or more managers with the qualifications of senior crew members; (3) Having a crew service management system that conforms to the provisions of the transportation department of the State Council; (4) Having the service ability suitable for its business. Article 40 An institution engaged in crew services of marine vessels shall submit a written application to the maritime administrative agency, and attach the certification materials that meet the conditions stipulated in Article 39 of these Regulations. The maritime administrative agency shall make a decision of approval or disapproval within 30 days from the date of accepting the application. If approved, the corresponding approval documents shall be issued; If it is not approved, it shall notify the applicant in writing and explain the reasons. Article 41 Institutions engaged in crew services for inland river ships and marine ships (hereinafter referred to as crew services) shall establish crew files, strengthen ship manning management, master the training, qualifications, safety records and health status of crew members, and regularly report the above information to the maritime administrative agency for the record. Where the crew employing unit directly recruits crew members, it shall abide by the provisions of the preceding paragraph. Forty-second crew service agencies shall announce the service items and charging standards to the public. Forty-third crew service agencies to provide services to crew members, should be honest and trustworthy, and shall not provide false information, and shall not harm the legitimate rights and interests of crew members. Forty-fourth crew service agencies to provide crew services to the crew employer, it should urge the crew employer to conclude a labor contract with the crew according to law. If the employer fails to conclude a labor contract with the crew according to law, the crew service agency shall terminate the provision of crew services to the employer. If the crew provided by the crew service agency for the crew employer is missing or dead, the crew service agency shall cooperate with the crew employer to do a good job in the aftermath.
Chapter VI Supervision and Inspection
Article 45 The maritime administrative agency shall establish and improve the supervision and inspection system for crew management, focusing on strengthening the supervision and inspection of crew registration, job qualifications, performance of duties, safety records, training quality of crew training institutions, honesty and trustworthiness of crew service institutions, and protection of the legitimate rights and interests of crew members by crew employers, urging crew employers, ship owners and relevant institutions to establish and improve the personal safety, hygiene, health and labor safety guarantee system for crew members on board, and implementing corresponding safeguard measures. Article 46 When supervising and inspecting the crew, the maritime administrative agency shall check the validity of the certificates that the crew must carry, check the performance of the crew's duties, and conduct on-site assessment when necessary. Article 47 If, in accordance with the provisions of these Regulations, the crew who have obtained the seaman service book of People's Republic of China (PRC), the seaman competency certificate and the seaman certificate of People's Republic of China (PRC), and the institutions that have obtained the seaman training business and seaman service business license of marine vessels no longer meet the prescribed conditions, the maritime administrative agency shall order them to make corrections within a time limit; If it refuses to correct or cannot correct, the maritime administrative agency shall revoke the corresponding administrative license decision and go through the cancellation procedures of the relevant administrative license according to law. Forty-eighth maritime administrative agencies shall, in addition to administrative penalties according to law, implement a cumulative scoring system for crew members who violate the laws and administrative regulations on water traffic safety and the prevention and control of water pollution from ships. The maritime administrative agency shall detain the seafarers' certificates of competency, order them to participate in the training of water traffic safety, prevention and control of ship pollution and other relevant laws and administrative regulations, and conduct corresponding examinations; Those who pass the examination shall return the certificate of conformity. Article 49 If a ship violates the provisions of these Regulations and relevant laws and administrative regulations, it shall be ordered by the maritime administrative agency to make corrections within a time limit; If no correction is made within the time limit, the maritime administrative agency may prohibit the ship from leaving the port or restrict its navigation, berthing and operation. Article 50 When conducting supervision and inspection, a maritime administrative agency shall have two or more law enforcement officers to participate and produce valid law enforcement certificates. When conducting supervision and inspection, the maritime administrative agency may ask the parties concerned, obtain information from the relevant units or individuals, consult and copy relevant materials, and keep business secrets for the units or individuals under investigation. The relevant units or individuals that accept the supervision and inspection of the maritime administrative agency shall truthfully provide relevant information or materials. Article 51 A maritime administrative agency shall disclose information such as management matters, procedures, reporting telephone numbers, mailing addresses and e-mails, and consciously accept social supervision. Article 52 The administrative department of labor and social security shall strengthen the supervision and inspection of the seafarers' employers' compliance with labor and social security laws, regulations and other relevant provisions of the state.
Chapter VII Legal Liability
Article 53 Whoever, in violation of the provisions of these Regulations, obtains People's Republic of China (PRC)'s seamen's service book, seaman's competency certificate, seaman's training certificate and seaman's certificate by cheating, bribery or other improper means shall be revoked by the maritime administrative agency, and a fine ranging from 2,000 yuan to 20,000 yuan shall be imposed. Article 54 Whoever, in violation of the provisions of these Regulations, forges, alters or buys or sells the seaman's service book, seaman's competency certificate, seaman's training certificate, China people's certificate and China seaman's certificate shall be confiscated by the maritime administrative agency and fined between 20,000 yuan and 654.38 million yuan. Illegal income, if any, shall also be confiscated. Article 55 In violation of the provisions of these Regulations, if the items recorded in the crew service book are changed and the crew fails to go through the formalities for the change, the maritime administrative agency shall order it to make corrections and may impose a fine of 1000 yuan. Article 56 If a crew member violates the provisions of these Regulations and fails to carry valid certificates stipulated in these Regulations during the work of the ship, the maritime administrative agency shall order him to make corrections and may impose a fine of not more than 2,000 yuan. Fifty-seventh crew members in violation of the provisions of this Ordinance, one of the following circumstances, by the maritime administrative agency fined 65438+ ten thousand yuan to 65438+ ten thousand yuan; If the circumstances are serious, the seaman's service book and seaman's competency certificate shall be temporarily detained for more than 6 months and less than 2 years, until the seaman's service book and seaman's competency certificate are revoked: (1) Failing to observe the duty regulations and leaving the post without permission; (2) Failing to operate, control and manage the ship in accordance with the operational procedures for water traffic safety and prevention and control of ship pollution; (3) Failing to report in time the discovery or occurrence of dangerous situations, accidents, security incidents or situations affecting navigation safety; (4) Failing to truthfully fill in or record the relevant legal documents of the ship; (5) Concealing, tampering with or destroying the relevant legal certificates and documents of the ship; (6) Failing to perform the obligation of assistance according to law or causing an accident or escape; (seven) the use of ships to transport passengers, goods or contraband. Fifty-eighth in violation of the provisions of this Ordinance, the captain of one of the following circumstances, by the maritime administrative agency fined 2000 yuan to 20 thousand yuan; If the circumstances are serious, the seafarer's certificate of competency shall be withheld for more than 6 months and less than 2 years until it is revoked: (1) Failing to ensure that the ship and the crew carry certificates, documents and relevant navigation materials that meet the statutory requirements; (2) Failing to ensure that the ship and crew are seaworthy and competent at the time of sailing, or failing to ensure the minimum safe manning of the ship in accordance with regulations, or failing to ensure that the ship is on duty normally; (3) Failing to truthfully record the service qualifications and performance of the crew in the crew service book; (4) The ship is not on duty at the bridge when entering, leaving, berthing or leaving the port, passing through traffic-intensive areas and dangerous navigation areas, or in case of bad weather and sea conditions, or in case of water traffic accidents, ship pollution accidents, ship security accidents and other emergencies; (5) Failing to leave the ship at last when abandoning or evacuating the ship. Article 59 If the seafarer's certificate of competency is revoked, it shall not apply for the seafarer's certificate of competency within 2 years from the date of revocation. Article 60 In violation of the provisions of these Regulations, if the crew employing unit or the shipowner commits any of the following acts, the maritime administrative agency shall order it to make corrections and impose a fine of not less than 30,000 yuan but not more than 6,543.8+0.5 million yuan: (1) Recruiting personnel who have not obtained corresponding valid certificates in accordance with the provisions of these Regulations to work on the ship; (2) China ships recruit foreign crew members as captains without authorization;
(3) The place where the crew members live and work on the ship does not meet the requirements of the national ship inspection code for the living environment, work safety and protection of the crew; (4) Failing to perform the obligation of repatriation; (5) The crew members are sick or injured while working on the ship and have not received timely treatment. Article 61 Whoever, in violation of the provisions of these Regulations, engages in crew training without obtaining a crew training license shall be ordered by the maritime administrative agency to make corrections and be fined between 50,000 yuan and 250,000 yuan. Illegal income, if any, shall also be confiscated. Article 62 If, in violation of the provisions of these Regulations, a crew training institution fails to conduct training in accordance with the training syllabus and the requirements for water traffic safety and prevention and control of ship pollution stipulated by the competent department of transportation in the State Council, the maritime administrative agency shall order it to make corrections and may impose a fine of 20,000 yuan to 654.38 million yuan; If the circumstances are serious, the crew training license shall be suspended for more than 6 months and less than 2 years until the crew training license is revoked. Article 63 Whoever, in violation of the provisions of these Regulations, engages in crew services of marine vessels without approval shall be ordered by the maritime administrative agency to make corrections and be fined between 50,000 yuan and 250,000 yuan. Illegal income, if any, shall also be confiscated. Article 64 If, in violation of the provisions of these Regulations, the crew service agency and the crew employing unit fail to regularly file the relevant information of the crew recruited or managed by them with the maritime administrative agency, the maritime administrative agency shall order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan. Article 65 If, in violation of the provisions of these Regulations, the crew service agency provides false information to deceive the crew when providing crew services, the maritime administrative agency shall order it to make corrections and impose a fine of not less than 30,000 yuan but not more than 6,543,800 yuan+5,000 yuan; If the circumstances are serious, the crew shall be suspended for more than 6 months and less than 2 years, until the crew service license is revoked. Article 66 If, in violation of the provisions of these Regulations, the crew service agency fails to conclude a labor contract with the crew and provides the crew to the crew employer, the maritime administrative agency shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 250,000 yuan; If the circumstances are serious, the crew shall be suspended for more than 6 months and less than 2 years, until the crew service license is revoked. (1) Issuing the seaman's service book, seaman's competency certificate and China seaman's certificate in violation of regulations, or approving seaman training institutions and ship seaman's service institutions to engage in related activities; (2) Failing to perform the duties of supervision and inspection according to law; (3) Failing to implement administrative coercion or administrative punishment according to law; (four) other acts of abuse of power and dereliction of duty. Sixty-eighth in violation of the provisions of this Ordinance, if the circumstances are serious and constitute a crime, criminal responsibility shall be investigated according to law.
Chapter VIII Supplementary Provisions
Article 69 Anyone who applies for taking the examination of the seaman's service book and the seaman's certificate of competency shall pay the examination fee in accordance with the relevant provisions of the state. Article 70 The training and qualification of pilots shall be carried out in accordance with the provisions of these Regulations on the training and qualification of seafarers. The specific measures shall be formulated by the traffic administrative department of the State Council. Article 71 The management of crew members of military vessels shall be carried out in accordance with the relevant regulations of the state and the army. The management of fishery crew shall be the responsibility of the fishery administrative department of the State Council, and the specific management measures shall be formulated separately by the fishery administrative department of the State Council with reference to these regulations. Article 72 Except for the special provisions of these Regulations on the labor and social security of the crew employing units and crew members, the crew employing units and crew members shall implement the laws, administrative regulations and relevant state regulations on labor and social security. The acquisition of professional and technical titles of seafarers and the appointment of professional and technical posts shall be carried out in accordance with the relevant provisions of the state. Article 73 These Regulations shall come into force as of September 6, 2007.