Notice of the Maritime Administration of the People's Republic of China on Measures to Further Improve the Service Quality of Seafarers
Maritime administrations directly under the Administration:
In order to implement the requirements of the Regulations on Seafarers of the People's Republic of China, the Decision of The State Council on Cancelling a Batch of Administrative Permits (Guofa [2017] 46) and other documents, further optimize the management of seafarers' service business and improve the quality of seafarers' service, we hereby notify the relevant requirements as follows:
I. Clarify the scope of crew service business
Seaman services include acting for seaman to apply for training, examination and certificates (including seaman certificates for foreign maritime ships), managing seaman affairs on behalf of the employing unit for seaman, providing ship staffing and so on. Organizations engaged in seafarers' service business are referred to as seafarers' service agencies, including seafarers' service agencies for inland vessels and seafarers' service agencies for seagoing vessels. The seagoing crew service agencies that provide staffing services for ships of foreign nationality or of Hong Kong, Macao and Taiwan nationality (i.e., seafarers' assignment agencies) shall comply with the Regulations of the People's Republic of China on the Administration of Seafarers' Assignment Abroad and other relevant requirements.
Second, strengthen the record management of crew service business
Seafarers' service information shall be put on record. Seafarers' service agencies shall, after obtaining the Labor Dispatch Operation License, report basic business information (see Annex 1) to the maritime administration authorities directly under their jurisdiction for the record when conducting seafarers' service business for the first time, and open the corresponding business authority of China Maritime Integrated Service System. And report the annual service business development in the first quarter of each year (see Annex 2). Organizations that only engage in the service business of seafarers of inland waterway vessels may file for record with the local competent department of transport in the place of industrial and commercial registration.
Third, strengthen the information disclosure of service institutions
The relevant archival information of seafarers service agencies shall be uniformly published by the Maritime Administration, PRC to facilitate the employment of seafarers and the selection of seafarers service agencies. If the basic information of the service business of the seafarer service agency changes, it shall, after going through the alteration procedures according to law, file the alteration information with the maritime administrative agency directly under the maritime administration or the local competent department of transport within 10 working days. The seafarers' service agencies shall publish service items and fee standards to the public.
Iv. Standardize the activities of service agencies
The seafarer service agencies shall abide by the relevant regulations of the State on seafarer administration, labor and social security, perform the obligations of honesty and trustworthiness, shall not provide false information, shall not damage the lawful rights and interests of seafarer, and shall be strictly prohibited from providing seafarer services beyond the service items or applying for seafarer training, examination and certificate on behalf of seafarer by means of false qualifications and certificates. Violations of laws and regulations will be dealt with in accordance with the Regulations of the People's Republic of China on Seafarers and other relevant laws.
Five, strict service quality management of service institutions
When providing seamen with seamen services, a seamen service organization shall sign a seamen service agreement with the seamen, establish seamen archives, strengthen management of the allocation of personnel to the ship, and master the training, seniority, safety record and health status of the seamen. At the same time, it is necessary to strengthen the study and grasp of relevant laws, regulations and requirements of supervision departments of crew service business, strictly abide by and standardize the practice, earnestly fulfill responsibilities and obligations, and constantly improve the quality of crew service.
Prior to the promulgation of this Notice, the agencies that have engaged in seafarers service business shall submit the Annual Record Form of the Development of Seafarers Service Business and the Record Form of Basic Information of Seafarers Service Business together to the maritime administrative authorities directly under their jurisdiction or the local competent transport departments before May 31, 2023. Where a shipping company handles relevant procedures for its own seamen on behalf of seamen, it shall carry out record management with reference to the seamen service agency. Those who fail to put on record as required will be dealt with in strict accordance with the relevant provisions of the Regulations of the People's Republic of China on Seafarers, and their corresponding business authority in the system of China Maritime Integrated Service Platform will be suspended. Those engaged in seafarers' services without relevant qualifications shall be seriously dealt with according to law by the local maritime administrative authority informing the human resources and social security department.
We hereby inform you.
Appendix: 1. Filing Form of basic Information of Crew service business
2. Annual record form for the development of crew services
Maritime Safety Administration of the People's Republic of China
March 13, 2023
(Voluntary disclosure of this matter)
Copy to: provincial, autonomous region, municipality directly under the Central Government transport department (committee, bureau).
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