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中华人民共和国船舶登记条例(二)

2006-05-16 19:10   我要纠错 | 打印 | 收藏 | | |

  Article 27 Where a ship is bareboat chartered overseas, the shipowner shall apply to the Ship Registration Administration at the port of registry for registration of the bareboat charter by submitting the documents specified in Article 26 of these Regulations.

  After the application has been examined and verified to be in compliance with the requirements of these Regulations, the Ship Registration Administration shall suspend or delete the nationality of the ship in accordance with Article 42 of these Regulations and issue to the applicant the Certificate of Registration of Bareboat Charter in duplicate.

  Article 28 Where a ship is bareboat chartered from overseas, the charterer shall choose the port of registry for the ship according to Article 9 of these Regulations and apply, prior to the commencement of the charter, to the Ship Registration Administration for registration of the bareboat charter by submitting the following documents:

  (1) The text and copy of the bareboat charter party;

  (2) Ship's valid technical certificates issued by an authorized organization for ship survey;

  (3) A certificate issued by the ship registration authority of the former port of registry to the effect that the former nationality of the ship has been suspended or deleted, or that the former nationality of the ship will be suspended or deleted immediately when the new registration is effected.

  After the application has been examined and verified to be in compliance with the requirements of these Regulations, the Ship Registration Administration shall issue the Certificate of Registration of Bareboat Charter and the Provisional Certificate of Ship's Nationality in accordance with Article 17 of these Regulations, and record the original country of registration in the Register of Ships.

  Article 29 In case the bareboat charter period is to be extended, the shipowner and the charterer shall, 15 days prior to the expiration of the charter period, apply to the Ship Registration Administration for the renewal of the bareboat charter registration by submitting texts and copies of the Certificate of Registration of Bareboat Charter and the contract for extension.

  Article 30 During the period of the bareboat charter, the charterer shall not apply for the registration of subletting the charter unless agreed by the shipowner in writing.

  Chapter VI Ship's Mark and Company Flag

  Article 31 A ship shall be marked as follows:

  (1) Ship's name in Chinese on both sides of the stem and at the stern;

  (2) Port of registry below the name at the stern;

  (3) The corresponding Chinese phonetic alphabets below the ship's name and port of registry;

  (4) Draft scale on both sides of the stem and at the stern;

  (5) Load line mark at mid ship, both sides.

  Where a ship being constrained by its type and size is unable to be marked as above, it shall be marked with its name and port of registry at an easily-seen position.

  Article 32 A shipowner may apply to the Ship Registration Administration at the port of registry for registration of the ship's funnel mark and its company flag by submitting the drawings of the standard design in compliance with the stipulations.

  Article 33 Ships belonging to one company shall only use the same funnel mark and the same company flag.

  The funnel mark and the company flag of a company shall be examined by the Ship Registration Administration at the port of registry.

  The funnel mark and the company flag of a company shall not be the same as or similar to those which have been registered previously.

  Article 34 The Ship Registration Administration shall publicize the funnel mark and company flags which have been approved and registered.

  The registered funnel mark and company flags shall be used exclusively by the applicant and shall not be used by other ships or companies.

  Chapter VII Alteration and Deletion of Registration

  Article 35 In case of any alteration to the entries of the ship registration, the shipowner shall apply to the Ship Registration Administration at the port of registry for the registration of alteration by submitting the relevant documents of ship registration and those evidencing such alteration.

  Article 36 In case a ship's port of registry is to be changed, the shipowner shall apply to the Ship Registration Administration at the former port of registry for registration of the change by submitting the ship's Certificate of Nationality and the document evidencing such a change. After the application has been examined and verified to be in compliance with the requirements of these Regulations, the Ship Registration Administration at the former port of registry shall indicate the change in the column of “Alteration” in the Certificate of Ship's Nationality and deliver the entire file of the ship's registration to the Ship Registration Administration at the new port of registry where the shipowner shall apply again for new registration thereof.

  Article 37 In case of any change of joint ownership, the ship owners shall apply to the Ship Registration Administration at the port of registry for registration of the change by submitting the Certificate of Registration of Ship's Ownership and the document evidencing such change.

  Article 38 In case the contract of ship's mortgage is changed, the mortgagee and the mortgagor shall apply to the Ship Registration Administration for registration of such a change by submitting the Certificate of Registration of Ship's Owner ship, the Certificate of Registration of Ship's Mortgage and the document evidencing such change.

  After the application has been examined and verified to be in compliance with the requirements of these Regulations, the Ship Registration Administration at the port of registry shall indicate the change of the mortgage contract in the Certificate of Registration of Ship's Ownership, the Certificate of Registration of Ship's Mortgage and the Registry of Ships.

  Article 39 In case of transference of ship's ownership, the former shipowner shall apply to the Ship Registration Administration at the port of registry for the registration of deletion by submitting the Certificate of Ship's Ownership, Certificate of Ship's Nationality and other relevant documents.

  After the application has been examined and verified to be in compliance with the requirements of these Regulations, the Ship Registration Administration at the port of registry shall delete the registration regarding ship's ownership and other relevant registrations in the Register of Ships, withdraw the certificates of registration concerned, and issue a certificate of deletion of ship's registration to the shipowner. If the ship is sold overseas, the Ship Registration Administration shall issue a certificate to the effect that the ship's nationality has been deleted, or that the ship's nationality will be deleted immediately when the ship is registered anew.

  Article 40 In case a ship is lost (dismantled or sunken included) or missing, the shipowner shall, within 3 months after the ship is lost (dismantled or sunken) or missing, apply to the Ship Registration Administration at the port of registry for the registration of deletion by submitting the Certificate of Registration of Ship's Ownership, Certificate of Ship's Nationality and the document evidencing that the ship has been lost (dismantled or sunken) or missing. After the application has been examined and verified to be in compliance with the requirements of these Regulations, the Ship Registration Administration shall delete the ship's registration in the Register of Ships, withdraw the certificates of registrations concerned, and issue a certificate of deletion to the shipowner.

  Article 41 In case a contract of mortgage is terminated, the mortgagee and the mortgagor shall apply to the Ship Registration Administration at the port of registry for the registration of deletion by submitting the Certificate of Registration of Ship's Ownership, Certificate of Registration of Ship's Mortgage and the document signed by the mortgagee evidencing the termination of the mortgage contract. After the application has been examined and verified to be in compliance with the requirements of these Regulations, the Ship Registration Administration at the port of registry shall delete the registrations of the ship's mortgage in the Certificate of Ship's Ownership and the Register of Ships.

  Article 42 In case a ship is bareboat chartered overseas, the shipowner shall, in addition to applying for registration of bareboat charter in accordance with Article 27 of these Regulations, apply for registration of suspension or deletion of the ship's nationality. The Ship Registration Administration at the port of registry shall seal up the original Certificate of Ship's Nationality and issue a certificate of suspension or deletion of the ship's nationality. Under some special circumstances, the Ship Registration Administration may issue a certificate to the effect that the ship's nationality will be suspended or deleted immediately at such time as the ship is registered anew.

  Article 43 Upon the expiration of a bareboat charter party or the termination thereof, the shipowner shall, within 15 days after the date of such expiration or termination, apply to the Ship Registration Administration at the port of registry for registration of deletion of the bareboat charter by submitting the Certificate of Registration of Ship's Ownership and the bareboat charter party or the document evidencing such termination.

  If the ship is bareboat chartered overseas, the shipowner shall, in addition, submit a certificate issued by the ship registration authority at the charterer's place of business to the effect that the ship's nationality has been deleted or that the ship's nationality will be deleted immediately at such time as the ship is registered anew.

  The Ship Registration Administration at the port of registry, having approved of the application, shall delete the registration of bareboat charter in the Certificate of Registration of Ship's Ownership and the Register of Ships, and return to the shipowner the original Certificate of Ship's Nationality.

  Article 44 In case a ship is bareboat chartered, the charterer shall, within 15 days after the expiration or termination of the bareboat charter, apply to the Ship Registration Administration at the port of registry for registration of deletion by submitting the bareboat charter party or the document evidencing such termination.

  If the ship is bareboat chartered from overseas, the Provisional Certificate of Nationality shall be submitted as well.

  The Ship Registration Administration at the port of registry, having approved of the application, shall delete the ship's registration of bareboat charter in the Register of Ship, withdraw the Provisional Certificate of Nationality, and issue a certificate of deletion of the bareboat charter and a certificate of deletion of the Provisional Certificate of the Ship's Nationality.

  Chapter VIII Renewal and Re-issue of Certificate of Registration of Ship's Ownership and Certificate of Ship's Nationality

  Article 45 The shipowner of a ship shall, within 1 year prior to the expiration of the Certificate of Ship's Nationality, apply to the Ship Registration Administration at the port of registry for the renewal of the certificate by submitting the Certificate of Ship's Nationality and the valid technical certificates.

  Article 46 In case the Certificate of Registration of Ship's Ownership or the Certificate of Ship's Nationality of a ship is fouled, damaged or rendered useless, the shipowner shall apply to the Ship Registration Administration at the port of registry for the re-issue of the certificate.

  Article 47 In case the Certificate of Registration of Ship's Ownership or the Certificate of Ship's Nationality of a ship is lost, the shipowner shall apply to the Ship Registration Administration at the port of registry for the re-issue of the certificate by stating the reasons in writing and submitting the appropriate document as evidence.

  The Ship Registration Administration at the port of registry shall make an announcement in the local newspaper that the lost certificate is null and void.

  Article 48 In case the Certificate of Ship's Nationality is found lost, fouled or damaged in a foreign country, the shipowner shall apply to the local Embassy or Consulate of the People's Republic of China for a Provisional Certificate of Ship's Nationality, but shall, as soon as the ship arrives at the first Chinese port, apply to the Ship Registration Administration at the port of registry for the re-issue of the Certificate of Ship's Nationality.

  Chapter IX Legal Liability

  Article 49 A ship that forges the nationality of the People's Republic of China and illegally flies the flag of the People's Republic of China during navigation shall be confiscated by the Ship Registration Administration according to relevant laws.

  The provisions of the above paragraph shall be applicable to a Chinese ship that forges a foreign nationality and illegally flies the flag of a foreign country during navigation.

  Article 50 In case a ship conceals its registration made at home or overseas which results in dual nationality, the Ship Registration Administration at the port of registry shall delete the Certificate of Ship's Nationality and impose the following penalties varying from deferent case:

  (1) A fine of RMB 2000.00 up to RMB 10000.00 yuan for a ship of 500 tons gross tonnage or below;

  (2) A fine of RMB 10000.00 up to RMB 50000.00 yuan for a ship of 501——1000 tons gross tonnage;

  (3) A fine of RMB 50000.00 up to 200000.00 yuan for a ship of 10001 tons gross tonnage or above.

  Article 51 The Ship Registration Administration at the port of registry shall, according to the seriousness of the case, punish any of the following violations against these Regulations by giving a warning, and imposing a fine of 50% of the amounts specified for ships of different gross tonnage as set out in Article 50, or withdrawing the ship's registration certificates:

  (1) Concealing the real facts and providing false information for registration;

  (2) Concealing the fact of registration and resulting in dual registration;

  (3) Forging or making alteration to certificates of ship's registration.

  Article 52 The Ship Registration Administration shall order those who fail to apply for the alteration or deletion of registration under these Regulations or those who use expired certificates of nationality and provisional certificate of nationality to go through the formalities for the registration concerned, and if the case is serious, may impose a fine of 10% of the amounts specified for ships of different tonnage as set out in Article 50 of these Regulations.

  Article 53 The Ship Registration Administration at the port of registry shall order those who violate these Regulations by employing foreign seafarers without authorization or using a funnel mark or company flag already registered by others to rectify, and shall impose a fine of 10% of the amounts specified for ships of different gross tonnage as set out in Article 50 of these Regulations against those who refuse to rectify, and, if the case is serious, shall withdraw the Certificate of Ship's Nationality or the Provisional Certificate of Ship's Nationality.

  Article 54 Any of those working in the Ship Registration Administration who abuses his power, practises graft, ignores his duty, or grossly neglects his responsibilities shall be punished by the Administration; if the case is so serious that a crime is committed, the criminal liability shall be inflicted upon the offender in accordance with the law.

  Article 55 A person or party concerned who refuses to accept the actions taken by the Ship Registration Administration may apply for a review of the case or bring the case before the court in accordance with the provisions of relevant laws or administrative regulations.

  Chapter X Supplementary Provisions

  Article 56 For the purpose of these Regulations:

  (1) “Ship” means any self-propelled or non-self-propelled vessel and any other mobile unit on water with the exception of life boats and life rafts equipped on board ships and boats or rafts of less than 5 meters in length;

  (2) “Fishery ship” means any vessel engaged in fishing or any vessel belonging to the fishing industry and serving the purpose of fishery;

  (3) “Service ship” means any vessel serving the administrative purposes of the Government.

  Article 57 With the exception of service ships, ship registration fees shall be levied by the Ship Registration Administration in accordance with the relevant rules. The fee levels and management rules concerning the levy of ship registration fees shall be formulated by the financial department and the department in charge of commodity prices under the State Council in consultation with the competent authority of transport and communications under the State Council.

  Article 58 The forms of the Register of Ships, the Certificate of Ship's Nationality, the Provisional Certificate of Ship's Nationality, the Certificate of Registration of Ship's Ownership, the Certificate of Registration of Ship's Mortgage, the Certificate of Registration of Bareboat Charter, the applications and other certificates shall be solely formulated by the Harbour Superintendency Administration of the People's Republic of China.

  Article 59 These Regulations shall enter into force on January 1, 1995.

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