Rules of the People’s Republic of China on the Administration of Vessel Visas 

Order of the Ministry of Communications

（No. 7 [2007]）

　　The Rules of the People’s Republic of China on the Administration of Vessel Visas, which were deliberated and adopted at the 6th utive meeting of the Ministry on May 9, 2007, are hereby promulgated for effect as of October 1, 2007.

　　Annex: 

　　May 31, 2007

　　Chapter I General Provisions

　　Article 1 The present Rules are formulated according to the Law of the People’s Republic of China on the Safety of Maritime Transport and the Regulation of the People’s Republic of China on the Safety of Inland River Transport for the purpose of regulating the conducts relating to vessel visas and safeguarding the security of water transport.

　　Article 2 The present Rules shall apply to the issuance of vessel visas to the domestic vessels navigating within the waters of the People’s Republic of China.

　　The present Rules do not apply to the military vessels, fishing vessels, and sports vessels. However, when the aforesaid vessels are engaged in profitable transportation, they shall apply for a vessel visa according to the provisions of the present Rules.

　　The term “vessel visa” as herein used in the present Rules refers to the administrative licensing act whereby the maritime affairs administrative organs examine vessels and vessel operators upon their application and issue a permit to those that satisfy the conditions for a vessel visa.

　　Article 3 The Maritime Safety Administration （MSA） of the People’s Republic of China shall take charge of the administration of vessel visa all through the whole country, and the maritime affairs administrative organs at various levels are specifically responsible for the administration of the vessel visas within their respective jurisdictions.

　　The administration of vessel visas shall meet the principle of efficiency and facilitating people.

　　Chapter II Vessel Visas

　　Section 1 General Provisions

　　Article 5 One shall apply to the maritime affairs organ for a vessel visa under any of the following circumstances unless it is otherwise differently provided for in the present Rules:

　　1. sailing from within a port to without the port;

　　2. sailing from without a port to within the port;

　　3. necessary to sail out of an in-port berth so as to sail within the port as so required by operations;

　　4. necessary to sail into an in-port berth so as to sail within the port as so required by operations;

　　5. sailing out of a vessel fixing plant or station or out-of-port operating site or on-sea operating platform;

　　6. sailing into a vessel fixing plant or station or out-of-port operating site or on-sea operating platform;

　　The vessel visas as described in Items 1, 3 and 5 of the preceding paragraph are referred to in general as departure visas, which the applicant shall have obtained within 24 hours prior to the vessel sets sail, while the vessel visas as described in Items 2, 4 and 6 of the preceding paragraph are referred to in general as arrival visas, which the applicant shall have obtained within 24 hours after the vessel arrives. Where a report has already been made to the maritime affairs administrative organ of the place of arrival about the vessel within 24 hours before the vessel arrives, the arrival visa and departure visa may be issued concurrently.

　　Article 6 A vessel visa shall be issued upon the request of the vessel or the business operator thereof. In the case of a towed vessel, its application for issuing a visa shall be filed by the towed vessel or the operator thereof, or be filed by the towing vessel or the operator thereof on its behalf.

　　The applicant may entrust someone else to apply for a vessel visa.

　　Article 7 The vessel for which an application for departure visa is filed shall be in a state of sea-worthiness or tow-worthiness.

　　A vessel or the operator thereof who applies for a vessel visa for the first time shall submit to the maritime affairs administrative organ the following materials:

　　1. vessel visa book;

　　2. electronic card of vessel information （for the applicable vessel）;

　　3. certificate of vessel nationality;

　　4. certificate of vessel inspection;

　　5. minimum safety manning certificate;

　　6. seaman’s competence certificate;

　　7. certificate on prevention of oil pollution （for the applicable vessels）;

　　8. duplicate of the vessel safety management certificate and the certificate on compliance with the corporate security management system （for the applicable vessels）;

　　9. vessel safety inspection records;

　　10. certification on payment of or exemption from vessel port fees;

　　11. bill of declaration for the approved carriage of hazardous goods by vessel （for the applicable vessel）;

　　12. captain’s pre-departure announcement and vehicle safe loading records （for the applicable vessel）;

　　13. application form for convoy （for the applicable vessel）; and

　　14. vessel operation license.

　　Where the information about the certificates as listed in Items 3 through 8 in the second paragraph has been recorded in the book of vessel visas of the maritime affairs administrative organ or been saved in the vessel electronic information card, such certificates may be exempted from submission.

　　The vessel operation certificate as mentioned in Item 14 of the second paragraph has to be submitted only for the visa application for the old transporting vessels engaged in domestic transportation. The issuer of vessel operation certificates shall provide the corresponding information of the vessel operation certificate to the maritime affairs administrative organ.

　　Article 8 A vessel or vessel operator shall report truthful information when submitting application materials to the maritime affairs administrative organ, and shall be responsible for the truthfulness of such information.

　　A vessel or vessel operator may apply for a vessel visa by means of fax, email, electronic data interchange （EDI）, etc., and may also report its arrival at the port by means of cable, telex, fax, mobile phone message, email, electronic data interchange （EDI）, etc., and make corresponding records in the log book.

　　The report shall include the name, type, scale, total tonnage, draught, passenger or freight on board, the place to berth, etc.

　　Article 9 The maritime affairs administrative organ shall check if the application materials for a vessel visa are complete, whether they meet the requirements for application, whether there is any obvious sign of alteration or falsification, and whether they are submitted within the valid term, etc.

　　Where the maritime affairs administrative organ is doubtful about the genuineness of the application materials or receives any relevant exposure for offence, it shall assign people to make an onsite investigation.

　　Article 10 After receiving an application for vessel visa, the maritime affairs administrative organ shall process it according to the relevant provisions of the Procedural Provisions on the Implementation of Transport Administrative License.

　　The maritime affairs administrative organ shall process the applications for a single voyage visa on the spot. The visa officer shall remark in the vessel visa book whether the visa is approved, the number and date of the maritime administrative enforcement certificate, and the special seal for vessel visa shall be affixed. Where the application for vessel is disapproved, the reasons for disapproval shall be stated in the vessel visa book.

　　Article 11 Where any of the following circumstances occurs, an application shall be filed for a new departure visa:

　　1. the captain or any of the seamen performing the corresponding duties changes;

　　2. any material change occurs to the structure of the vessel or any of the important equipment relating to the safety of voyage;

　　3. the area or line of voyage changes;

　　4. the vessel has failed to depart within 48 hours after the departure visa was issued.

　　Article 12 Where a vessel is not able to apply for a vessel visa according to the prescribed procedures due to such emergency as disaster relief, salvation, etc., it shall report to the maritime affairs administrative organ prior to its departure and shall make up the vessel visa within 24 hours after completing the task.

　　Article 13 Where a vessel enters into or sails past a port temporarily due to reasons like sheltering from wind, waiting for the tide, or replenishment, etc., it shall be exempted from vessel visa, except:

　　1. the captain or any of the seamen performing the corresponding duties changes;

　　2. to embark or disembark passengers; or

　　3. to load or unload goods.

　　Article 14 Where a barge-tug fleet finds it necessary to add or release any vessel halfway, the vessels added or released shall apply for a vessel visa, while other vessels in the fleet do not have to apply for a vessel visa.

　　Section II Special Provisions

　　Article 15 A vessel may apply for a short-term fix-term vessel visa instead of a voyage vessel visa if it is:

　　1. a vessel that sails within a fixed water area; or

　　2. a vessel that sails along a fixed route.

　　A vessel that sails within a fixed water area shall file an application to any of the maritime affairs administrative organs that has jurisdiction over the fixed water area, and a vessel that sails along a fixed route shall file a separate application to the maritime affairs administrative organ of the place where the port of departure and port of destination of the route is situated.

　　Article 16 A vessel may apply to the maritime affairs administrative organ directly affiliated to the Ministry of Communications of the place where the hail port is situated or to the maritime affairs administrative organ affiliated to the provincial department of communications for an annual fixed-term vessel visa instead of a voyage vessel visa if it:

　　1. is a vessel with good faith in safety;

　　2. has been equipped with and uses an automatic identification system as required;

　　3. has submitted as required a report of arrivals and departures of the previous year during the prescribed term of visa; and

　　4. has entered into an agreement on the payment of port fees with a relevant financial institution.

　　Article 17 To apply for a fix-term vessel visa, one shall submit certification materials to prove that it meets the requirements as described in Article 15 or 16 in addition to the materials as provided for in Article 7 of the present Rules.

　　Article 18 The maritime affairs administrative organ shall finalize the processing of the application for a short-term fixed-term vessel visa within 7 work days of accepting an application, and shall finalize the processing of the application for an annual fixed-term vessel visa. Where it approves an application for a fixed-term vessel visa, it shall remark in the vessel visa book the valid term of the visas, the area of voyage or the route.

　　The valid term of a short-term fixed-term vessel visa shall not be any longer than 3 months. An annual fixed-term vessel visa shall be effective countrywide, and shall be valid for a term of 12 months.

　　A passenger vessel and a vessel that carries hazardous goods can only apply for a short-term fixed-term vessel visa whose valid term is not longer than a month.

　　Article 19 Where a vessel sails beyond the valid term of the fixed-term vessel visa or the approved area of voyage or route, or any other content as approved in the visa changes, it shall apply for a voyage vessel visa according to the provisions of Section I of the present Chapter.

　　Article 20 A vessel which has obtained a fixed-term vessel visa shall, when carrying out any of the activities as provided for in Article 5 of the present Rules, report to the maritime affairs administrative organ about itself according to the ways and contents as provided for in paragraphs 2 and 3 of Article 8 of the present Rules.

　　Chapter III Vessel Visa Books

　　Article 21 A vessel visa book is a documentation used for the exclusive purpose of vessel visas as well as a proof for recording the visas that the vessel has applied for. No entity or individual other than the maritime affairs administrative organ may detain or capture any vessel visa book, nor may it or he make any remark in the vessel visa book.

　　The format and contents of the vessel visa books and the specimens of the vessel visa seals shall be exclusively provided for by the Maritime Safety Administration of the People’s Republic of China.

　　Article 22 The issuance, change or make-up issuance of vessel visa books shall be conducted upon the application of the vessels or operators thereof filed to the maritime affairs administrative organ.

　　Where a vessel applies for a vessel visa book for the first time and applies for a new vessel visa book subsequent to the change in the owner, operator or name of the vessel, it shall apply to the maritime affairs administrative organ of the hail port.

　　A vessel whose vessel visa book is missing or lost shall apply to the maritime affairs administrative organ of the hail port for making it up. When applying for making up a vessel visa book, it shall submit a photocopy of its recent vessel visa application form as approved by the maritime affairs administrative organ.

　　Where a vessel visa book is used up or cannot be used any more due to defiling, it may apply to the maritime affairs administrative organ of the hail port or place where the visa was issued to change one. When applying for changing one, it shall return the original vessel visa book.

　　Article 23 Where the requirements of the present Rules are met, the maritime affairs administrative organ shall issue, change or make up a vessel visa book on the spot.

　　When issuing, changing or making up a vessel visa book, the maritime affairs administrative organ shall record the general information of the vessel in the vessel visa book, and shall affix the seal of the maritime affairs administrative organ to it. Where the vessel visa book is changed by the maritime affairs administrative organ of a place other than the hail port, the change of vessel visa book shall be reported to the maritime affairs administrative organ of the hail port in writing.

　　Article 24 A vessel may request the maritime affairs administrative organ of the hail port or the place of visa to record the information of the vessel certificates and seaman certificates in the vessel visa book, and shall submit the corresponding certificates when filing the request.

　　If the request meets the relevant requirements, the maritime affairs administrative organ shall record down in the vessel visa book the relevant information about the vessel certificates and seaman certificates, and write down the number and date of the maritime law enforcement certificate and affix the seal of the maritime affairs administrative organ.

　　Article 25 A vessel visa book shall be used continuously, kept intact and may not miss any page or unlawfully altered. A vessel visa book shall be kept on the vessel for two years after it is used up.

　　Where a vessel is discarded as useless or is lost or the owner or operator of the vessel changes or the name of the vessel changes, the vessel shall hand its visa book back to the maritime affairs administrative organ of the hail port for write-off.

　　Article 26 No vessel may falsify, change, or lease any vessel visa book or use any other vessel’s visa book or obtain a vessel visa book by fraudulent means.

　　Chapter IV Supervision, Inspection, and Legal Liabilities

　　Article 27 Maritime affairs administrative organs shall strengthen their supervision and inspection to the vessel visas. The relevant entities and individuals shall offer assistance and show cooperation in the supervision and inspections carried out by the maritime affairs administrative organs, and shall not refuse, impede or obstruct the process of supervision and inspection.

　　Article 28 Where a maritime affairs administrative organ finds that any vessel has failed to obtain a vessel visa according to the relevant provisions, it shall order it to obtain one, and may order it to accept investigation and punishment at a designated place. If the vessel refuses to make correction, it may adopt such measures as prohibiting its sailing into or out of the port or order it to stop voyage, etc.

　　Article 29 Where a vessel is found not to meet the conditions for issuing a fixed-term vessel visa any more, it shall be demanded to apply for a voyage visa according to Section I, Chapter II of the present Rules, and a notice shall be circulated to the maritime affairs administrative organ that approved the fixed-term vessel visa to cancel the fixed-term visa of the vessel in question.

　　Article 30 Where a vessel is found to have obtained its visa by unfair means before it departed from the port, the maritime affairs administrative organ shall revoke the vessel visa and record down in the vessel visa book the reasons and the date of revocation, and shall affix its seal. If the vessel has already departed from the port, the maritime affairs administrative organ shall make an investigation so as to impose a punishment upon it or notify the maritime affairs administrative organ of the next stop of the vessel to investigate and punish it.

　　Article 31 A maritime affairs administrative organ shall, in the process of supervision and inspection, record in the vessel visa book and inform the maritime affairs administrative organ of the hail port if:

　　1. the vessel is given a maritime administrative punishment;

　　2. the vessel has incurred a water traffic accident or pollution accident; or

　　3. the vessel is prohibited from departing from the port.

　　The maritime affairs administrative organ of the hail port shall record down the aforesaid information it has received and offer assistance in investigation and punishment.

　　Article 32 Where a vessel shall be given an administrative punishment due to violation of the provisions on vessel visa, it shall be punished according to the rules of the Ministry of Communications on maritime administrative punishment.

　　Article 33 Any functionary of any maritime affairs administrative organ who abuses his power, practices favoritism or neglects his duties shall be given an administrative sanction by the entity where he works or the next higher organ. If any crime has been constituted, he shall be delivered to the judicial organ for criminal liabilities.

　　Chapter V Supplementary Provisions

　　Article 34 The term “vessel with good faith in safety” as used in the present Rules refers to a vessel which meets the following requirements and is regarded by the Maritime Safety Administration of the People’s Republic of China as a vessel with good faith in safety:

　　1. it is found to have a good record in the recent vessel safety inspection or in the supervision and inspection of the country of port during a period of twelve months, and has no serious defect;

　　2. it has obtained a SMC for two years or more and has not been imposed a track-up inspection or additional inspection during the recent three years;

　　3. it has not incurred any safety accident or pollution accident during the recent three years;

　　4. it has not been given any maritime administrative punishment during the recent three years; and

　　5. it is a vessel not as old as 12 years, and it has not been held up in the vessel safety inspections or the supervision and inspections of the country of port during the recent three years; or, if the vessel is twelve years old or older, it has not been held up in the vessel safety inspections or the supervision and inspections of the country of port during the recent five years.

　　Article 35 A maritime affairs administrative organ shall gradually establish and perfect its platform of basic data for the management of vessels and seamen in the issuance of vessel visas so as to facilitate the applications for visas by vessels or vessel operators and their report for departing from or arrival at the port.

　　Article 36 Where the Ministry of Communications has promulgated any special provision on the visa of special vessels such as high-speed vessels and roll-on vessel, such special provisions shall prevail.

　　Article 37 The present Rules shall become effective as of October 1, 2007, and the Rules of the People’s Republic of China on Vessel Visas （Order No. 3 [1993] of the Ministry of Communications as issued by the Ministry of Communications on May 17, 1993 shall be repealed concurrently.