Notice of the Maritime Administration of the People's Republic of China on printing and distributing the Implementation Measures of "Double Random and One Open" Supervision of the Maritime System Directly under the Maritime Administration
Notice of the Maritime Administration of the People's Republic of China on printing and distributing the Implementation Measures of "Double Random and One Open" Supervision of the Maritime System Directly under the Maritime Administration
142 Haipan [2022] October 17, 2022
Maritime administrations directly under the Administration:
The Measures for the Implementation of "Double Random and One Open" Supervision of Maritime Systems Directly under the Maritime Administration have been deliberated and adopted at the 10th Executive meeting of the Director General in 2022. It is issued to you, please comply with the implementation.
Measures for the implementation of "double random and one open" supervision of the directly administered maritime system
Chapter I General Rules
Article 1 In order to continue to deepen the reform of maritime "delegating control and service", effectively change the concept of supervision, innovate the method of supervision, reduce the burden on enterprises and optimize the business environment, These Measures are formulated in accordance with the Implementation Outline for the Construction of a Government under the Rule of Law (2021-2025), the Notice of The General Office of the State Council on the Promotion of the In-process and Post-Operation Supervision of Random Random Inspection and the Implementation Opinions of the Ministry of Transport on Comprehensively Implementing the supervision work of "Double Random and One Open", and the actual work of maritime supervision.
Article 2 "double random and one open" as mentioned in these Measures refers to the supervision activities in which objects of supervision are randomly selected in the course of maritime supervision, law enforcement inspectors are randomly selected, and the inspection situation and investigation results are made public to the public in a timely manner.
For professional maritime law enforcement activities such as "port state supervision and inspection", as well as supervisory activities with special requirements such as complaints, reports, verification and investigation, category conditions can be set for selecting supervised objects, or qualification conditions can be set for selecting law enforcement inspectors.
Where there are other provisions regarding the focus on tracking ships or assisting in the investigation of ships, such provisions shall prevail.
Article 3 These Measures shall apply to the "double random and one open" supervision carried out by the Maritime Safety Administration of the Ministry of Transport, the maritime safety Administration directly under it and the maritime safety administration under its branches (hereinafter referred to as "maritime administrative authorities at various levels").
The "two random, one open" supervision carried out by the Marine Department shall be carried out in the name of the Marine Bureau directly under the Department or its branch.
Chapter II General Provisions
Article 4 The maritime administrations directly under the Maritime Administration and its branches shall, within the scope of their powers, formulate their own lists of items for random inspection in accordance with the "double random and one open" list of items for random inspection published by the Ministry of Transport and the lists attached to these Measures.
Article 5 Maritime administrative authorities at various levels shall, in accordance with their supervisory functions and duties, establish a list database of objects for supervision of the matters under random inspection.
If the object of supervision is an enterprise (unit), the contents of the directory database shall include the name of the enterprise (unit), uniform social credit code (registration number), legal representative, domicile, registration authority, business scope, etc.
If the object of supervision is a natural person (including individual industrial and commercial enterprises), the name, ID card number, certificate number (if applicable) and domicile shall be specified in the directory database.
If the object of supervision is a ship, the directory shall specify the name, identification number, type and name of the owner, operator and manager of the ship that was in port on that day.
For relatively fixed objects of supervision, the directory database should be updated at least once a year. For non-fixed regulatory objects that change rapidly and are difficult to be publicized relatively stably in advance, random spot checks can be conducted according to their dynamics, and remarks shall be made in the spot check results.
Article 6 Maritime administrative authorities at all levels shall carry out "double random and one open" supervision and determine the quantity of random inspection according to the objects of supervision, which shall at least meet the following minimum requirements:
If the objects of supervision are ships, the annual random inspection shall not be less than 1% of the total number of single vessels arriving at the port under the jurisdiction of the previous year.
If the object of supervision is a natural person, the annual random inspection shall not be less than 10% of the number of natural persons in the directory of objects of supervision under the jurisdiction at the end of the previous year.
For enterprises (units) whose objects of supervision are enterprises (units), the number of annual random inspection shall not be less than 10% of the total number of enterprises (units) in the directory database of objects of supervision under the jurisdiction of the previous year.
Article 7 Maritime administrative authorities at various levels shall, in accordance with their supervisory functions, establish a list of law-enforcement inspectors. Law enforcement inspectors refer to maritime personnel who are qualified for maritime administrative law enforcement and engaged in administrative law enforcement activities.
The contents of the directory database of law enforcement inspectors shall set forth the basic information of law enforcement inspectors (including name, gender, unit and department, law enforcement certificate number, acquisition of professional qualifications and professional specialties) and inspection records, so as to realize classified retrieval of personnel information and random extraction of inspection items.
Law enforcement inspection can be absorbed to provide professional technical support and other auxiliary work of the detection personnel, experts inside and outside the industry to participate in.
Article 8 Maritime administrative authorities at various levels shall, in accordance with the requirements of these Measures and with reference to the attached list, formulate specific rules for random inspection of each item under their jurisdiction and in light of the actual situation under their jurisdiction.
The detailed rules for items of random inspection shall include: name of items of random inspection, basis of random inspection, subject of random inspection, object of random inspection, content, method of random inspection, proportion and frequency of random inspection, etc.
Article 9 Maritime administrative organs at various levels shall, in accordance with the revision of laws, regulations and rules, the adjustment of supervisory duties and the actual changes of supervision in their jurisdiction, exercise dynamic management over the list of items subject to random inspection, the list of objects subject to supervision, the list of law enforcement inspectors and the detailed rules for items subject to random inspection.
Chapter III Methods and procedures of random inspection
Article 10 The maritime administrative authorities at various levels shall carry out the "double random and one open" supervision in accordance with the procedures of publishing the list of items for random inspection, selecting the objects of supervision and the personnel for law enforcement inspection, organizing supervision and inspection and making public the inspection results.
The specific supervision and inspection work shall be consistent with the existing inspection process, inspection content, subsequent disposal and documentation requirements.
Article 11 In carrying out "double random and one open" supervision, maritime administrative organs at various levels shall, according to the set proportion and frequency of random inspection, randomly select objects of supervision or a collection of objects from the list database of objects of supervision, randomly select law enforcement inspectors from the list database of corresponding law enforcement inspectors, and carry out supervision in accordance with the requirements of detailed rules for random inspection.
Article 12 Each maritime administration directly under its jurisdiction shall, in combination with such factors as the scope of supervision under its jurisdiction, law enforcement force, conditions, number of objects under its supervision, and in accordance with the risk level and credit rating of the objects under its jurisdiction, set the proportion and frequency of random inspection for each object under its jurisdiction, but it shall not be lower than the proportion required in Article 6 of these Measures.
Article 13 When randomly selecting law-enforcement inspectors, maritime administrative organs at various levels shall take into account such objective factors as geographical environment, staffing, professional expertise and security level of the area under their jurisdiction.
If law enforcement inspectors fail to meet the basic requirements for random inspection within their jurisdiction, they may be directly appointed.
A maritime administrative authority at a higher level may appoint a maritime administrative authority at a lower level to carry out inspection, and the appointed authority shall, in accordance with the provisions of the preceding two paragraphs, appoint law enforcement inspectors.
Article 14 Under any of the following circumstances, a selective inspection mechanism shall be established for the replacement of law enforcement inspectors:
(1) The selected law-enforcement inspectors exist circumstances that should be withdrawn;
(2) The selected law-enforcement inspectors are unable to participate in the inspection due to objective reasons.
Article 15 Maritime administrative authorities at all levels shall carry out supervision and control through spot inspection, written inspection and other random inspection, and may also gradually realize online and backtracking supervision and control over key objects of supervision through off-site random inspection such as network monitoring and video surveillance.
Spot inspection shall be carried out in accordance with relevant laws, regulations and working procedures. The law enforcement inspectors shall not be less than two and shall present the maritime administrative law enforcement certificate.
Where written inspection is adopted for random inspection, the items under inspection may be inspected through the relevant materials submitted by the objects of supervision.
In case of random inspection by means of network monitoring or video monitoring, network monitoring and video monitoring platforms and software tools may be used for monitoring and monitoring according to law, and information exchange mechanisms may be established with relevant units or departments by means of information technology.
Article 16. According to different circumstances, the problems found in random inspection shall be dealt with as follows:
(1) Where an act suspected of violating the order of maritime administration is discovered, it shall be investigated and dealt with according to law;
(2) Where a hidden danger of safety is found, it shall be ordered to eliminate it immediately or within a time limit;
(3) Where an illegal act outside the scope of maritime duties is discovered, it shall, in accordance with relevant provisions, notify relevant departments for joint investigation or transfer relevant data of the case to the department having jurisdiction;
(4) If a crime is suspected, it shall be handed over to the relevant department according to law.
Article 17 Maritime administrative authorities at all levels shall, through information platforms and other means, share supervision results so as to avoid the same object of supervision being subject to repeated inspection due to the fluidity of vessels belonging to it.
The fourth chapter examines the working mechanism
Article 18 Maritime administrative authorities at various levels may establish cross-departmental and cross-professional joint inspection mechanisms according to the actual supervision under their jurisdiction, strengthen joint random inspection with other administrative departments in charge, information exchange, mutual recognition of supervision and mutual assistance in law enforcement between departments. In principle, multiple inspection items of the same supervision object should be completed at one time.
Article 19 The Maritime Administration of the Ministry of Transport shall be responsible for establishing an information platform for random inspection, randomly selecting inspection objects and law-enforcement inspectors by electronic means, so as to realize the traceability of traces and responsibilities in the whole process.
Maritime administrative organs at all levels shall, according to their authority, be responsible for the input, maintenance and dynamic adjustment of the directory of objects under supervision and the directory of law enforcement inspectors on the information platform.
Chapter V Disclosure of random inspection
Article 20 Maritime administrative authorities at various levels shall, through effective channels and means such as information technology, publish to the public the list of items under random inspection under their jurisdiction, as well as the proportion and frequency of such items under random inspection.
Article 21 Maritime administrative organs at various levels shall, in accordance with the principle of "who shall inspect, who shall record and who shall make public", publish the results of random inspection through portal websites for public supervision.
The disclosure of the results of random inspection is only for the inspection behavior itself, and the subsequent disclosure of the information of law enforcement results such as administrative penalties imposed on the objects of inspection shall be carried out in accordance with relevant regulations.
Chapter VI Supplementary Provisions
Article 22 Maritime administrative organs and maritime law enforcement inspectors shall abide by relevant laws, regulations and the requirements of these Measures in exercising "double random and one open" supervision, observe work discipline, administer according to law and enforce law with integrity.
Article 23 These Measures shall come into force as of January 1, 2023, and at the same time, the Measures for the Implementation of Supervision and Control of "Double Random and One Open" of the Directly Affiliated maritime Administrative Agency (Haizhuang Law [2018] No. 466) shall be repealed.
Annex: List of "Double Random and one open" random inspection items of direct maritime system
attachment
List of "double random and one open" random inspection items of direct maritime system
Serial number
Event name
Sampling basis
Test subject
Test object
Content of random check
Sampling method
Proportion and frequency of spot check
Whether cross-departmental joint "double random" spot check is applicable
Mode of publicity
1
Supervision and inspection of ship pollution in port waters
Marine Environmental Protection Law of the People's Republic of China
Law of the People's Republic of China on the Prevention and Control of Water Pollution
Regulations on the Prevention of Environmental Pollution from Shipbreaking
Regulations on the Prevention and Control of Marine Environmental Pollution by Ships
Regulations of the People's Republic of China on the Environmental Management of Preventing and Controlling Pollution of Inland River Waters by Ships
Regulations of the People's Republic of China on the Prevention and Control of Marine Environment Pollution by Ships and Their Related Operations
Branch maritime Administration, Marine Department
Ships and related operating units
1. Operation report
2. Relevant certificates, documents and records of the ship and crew
3. Relevant qualifications and capabilities of the operating unit
4. Related equipment status
5. Implementation of safety and anti-pollution measures
Field inspection, written inspection, video surveillance, etc
Except for compulsory provisions of laws and regulations and maritime administrations of the Ministry, other provisions shall be determined by maritime administrative authorities at various levels in accordance with the actual situation under their jurisdiction.
no
Portal website disclosure
2
Vessels carrying dangerous goods and hazardous pollution goods shall be inspected in and out of ports
Marine Environmental Protection Law of the People's Republic of China
Maritime Traffic Safety Law of the People's Republic of China
Law of the People's Republic of China on the Prevention and Control of Water Pollution
Port Law of the People's Republic of China
Regulations on the Prevention and Control of Marine Environmental Pollution by Ships
Provisions on the Safety Supervision and Administration of Ships Carrying Dangerous Goods
Regulations on the Safety Administration of Hazardous Chemicals
Branch maritime Administration, Marine Department
Carrier, shipper or agent
1. Relevant certificates, documents and records of the ship and crew
2. Crew performance ability
3. Report or declare the situation
4. Stowage isolation of cargo
5. Implementation of safety and anti-pollution measures
Field inspection, written inspection, network monitoring, etc
Except for compulsory provisions of laws and regulations and maritime administrations of the Ministry, other provisions shall be determined by maritime administrative authorities at various levels in accordance with the actual situation under their jurisdiction.
no
Portal website disclosure
3
Engaged in inspection of seafarers' assignment business
Regulations of the People's Republic of China on Sailors
Regulations of the People's Republic of China on the Administration of Foreign Labor Service Cooperation
Regulations of the People's Republic of China on the Administration of Seamen's Assignment Abroad
Immediate maritime administration
Institutions that have obtained permission for the assignment of seafarers abroad according to law
1. Check whether the qualification conditions are met
2. Check for illegal behavior
3. Check whether responsibilities and obligations are fulfilled in accordance with regulations
Field inspection, written inspection, etc
Except for compulsory provisions of laws and regulations and maritime administrations of the Ministry, other provisions shall be determined by maritime administrative authorities at various levels in accordance with the actual situation under their jurisdiction.
is
Portal website disclosure
4
The training institution is engaged in the inspection of crew and pilot training business
Regulations of the People's Republic of China on Sailors
Regulations of the People's Republic of China on the Management of Crew Training
Measures of the People's Republic of China on Supervision and Inspection of Seafarers Training
Immediate maritime administration
Crew and pilot training institutions
1. Implementation of the teaching plan
2. The status of the teachers who undertake the training and teaching tasks of this period and the teaching status
3. Use and supplement of training facilities, equipment and teaching materials
4. The conformity of the training scale with the requirements of teacher staffing
5. Attendance of students
Field inspection, written inspection, etc
Except for compulsory provisions of laws and regulations and maritime administrations of the Ministry, other provisions shall be determined by maritime administrative authorities at various levels in accordance with the actual situation under their jurisdiction.
is
Portal website disclosure
5
The ship pollutant receiving unit shall supervise and inspect the receiving operations of ship garbage, residual oil, oily sewage and sewage containing toxic and harmful substances
Regulations of the People's Republic of China on the Prevention and Control of Marine Environment Pollution by Ships and Their Related Operations
Regulations of the People's Republic of China on the Environmental Management of Preventing and Controlling Pollution of Inland River Waters by Ships
Notice of the Maritime Administration of the Ministry of Transport on Strengthening the Supervision During and After the Cancellation of Three Maritime Administrative Licenses (Haifeng Law [2017] No. 559)
Branch maritime Administration, Marine Department
Ship pollutant receiving unit
1. Operation report
2. Implementation of safety and anti-pollution measures
3. Disposal of pollutants
4. Record of receiving and handling pollutants from ships
Field inspection, written inspection, etc
Except for compulsory provisions of laws and regulations and maritime administrations of the Ministry, other provisions shall be determined by maritime administrative authorities at various levels in accordance with the actual situation under their jurisdiction.
no
Portal website disclosure
6
The ship inspects the transshipment of hazardous cargo contaminated by liquid in bulk
Regulations of the People's Republic of China on the Prevention and Control of Marine Environment Pollution by Ships and Their Related Operations
Regulations of the People's Republic of China on the Environmental Management of Preventing and Controlling Pollution of Inland River Waters by Ships
Law of the People's Republic of China on the Prevention and Control of Water Pollution
Maritime Traffic Safety Law
Regulations on the Prevention and Control of Marine Environmental Pollution by Ships
Branch maritime Administration, Marine Department
The carrier, owner or agent of a ship carrying dangerous liquid goods in bulk or hazardous goods contaminated by liquid in bulk
1. Homework application status
Step 2: Make
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