Procedures of Shanghai Municipality on the Administration of Coastal Border Security
2018-06-04 1518
Procedures of Shanghai Municipality on the Administration of Coastal Border Security
- Document Number:Decree of Shanghai Municipal People's Government No. 92
- Area of Law: Public Security
- Level of Authority: Local Government Rules
- Date issued:11-20-2012
- Effective Date:01-01-2013
- Status: Effective
- Issuing Authority: People's Government of Shanghai Municipality
Decree of Shanghai
Municipal People's Government
(No. 92)
The Procedures of Shanghai Municipality
on the Administration of Coastal Border Security were adopted at the
154th Routine Meeting of the Municipal People's Government on October 8, 2012,
and are hereby promulgated. They shall be effective as of January 1, 2013.
Mayor: Han Zheng
November 20, 2012
Procedures of Shanghai Municipality on the
Administration of Coastal Border Security
(Promulgated by Decree No. 92 of Shanghai Municipal People's
Government on November 20, 2012)
Chapter I General Provisions
Article 1 (Purposes and Basis)
With a view to strengthening the administration of coastal border security, and
maintaining the public security order in the coastal areas of Shanghai, these
Procedures are formulated in accordance with relevant laws and regulations, and
in the light of the actual circumstances of this Municipality.
Article 2 (Application Scope)
These Procedures apply to the border security administration of various types
of vessels anchoring, navigating, and engaging in production and operation
within the coastal waters and coastal areas of Chongming County, Baoshan
District, Pudong New Areas, Fengxian County and Jinshan District, and the
related personnel. The border security administration on vessels including
military vessels, public-service vessels, state-owned shipping enterprises'
vessels, and international navigation vessels, and the related personnel
otherwise provided for by the State are exceptions.
Article 3 (Competent Administrative Department)
Shanghai Municipal Public Security Bureau is the competent administrative
department of the administration of coastal border security in this
Municipality. The public security border defense department is specifically
responsible for the administration of coastal border security of this
Municipality.
Article 4 (Coordinating Administrative Departments)
The administrative departments of transport and port, agriculture, ocean,
environmental protection, water affairs, industry and commerce, maritime,
exit-entry inspection and quarantine, and customs shall, according to their
respective functions and duties, cooperate with the public security border
defense department in doing well the administration of the coastal border
security work.
Article 5 (Joint Law Enforcement)
The public security border defense department shall, jointly with the
departments of agriculture, ocean, environmental protection, water affairs,
maritime, and customs, establish the working mechanism of information sharing
and joint law enforcement to crack down, according to law, on illegal or
criminal activities, handle emergencies at sea in a timely manner, and jointly
safeguard the coastal border security and order.
The public security border defense department shall, upon finding acts of
violating the provisions on fisheries management, ocean management,
environmental protection, marine traffic management, and customs' supervision,
or acts of damaging or affecting the safety of flood prevention facilities,
take initiatives in stopping such acts before notifying the relevant
departments or transferring the case to them for handling according to law.
Article 6 (Encouragement and Rewards)
Units and individuals are encouraged to assist the public security border
defense department in safeguarding the border security and order of the ports,
wharfs and vessels. Where a unit or individual finds illegal or criminal acts
or criminal suspects or suspicious articles, it/he/she shall report to the
public security border defense department, which shall reward the informer upon
verifying the facts.
Chapter II Administration of Sea-going Credentials
Article 7 (Border Defense Credentials for Sea-going Vessels)
Where vessels of this Municipality that have received the relevant credentials
issued by the competent administrative departments of maritime and agriculture
according to the State's provisions on vessel registry and inspection intend to
go to sea for marine operation, they shall apply to the public security border
defense department at their port of registry or at the locality of the vessel
for the Sea Vessel Register.
Out-of-town vessels without the Sea Vessel Register that need to engage in
river-sea transportation within the coastal waters of this Municipality shall,
according to relevant provisions of the State, apply to the public security
border defense department of this Municipality for the Sea Vessel Register.
Where the vessels mentioned in the preceding two clauses fail to apply for Sea
Vessel Register, they shall not go to sea for sailing or operation.
Article 8 (Border Defense Credentials for Sea-going Personnel)
Where persons of over 16 years old with the Seafarer's Passport of the People's
Republic of China or the Crew Service Booklet need to go to sea for sailing or
operation, they shall apply to the port of registry or the public security
border defense department at the locality of the vessel for the Sea Boatman
Card. Persons failing to obtain valid sea-going credentials such as the Sea
Boatman Card, the Seafarer's Passport of the People's Republic of China or the
Crew Service Booklet shall not go to sea for sailing or operation.
In the case of persons who go to sea with the fishing vessels for leisure
tourism, the person in charge of the vessel shall register their identity
documents, and report to the public security border defense department at the
locality of the vessel for the record before the departure, and those persons
need not apply for the Sea Boatman Card.
Article 9 (Application)
The unit or individual applying for the Sea Vessel Register or the Sea Boatman
Card shall make the application to the public security border defense
department, and submit relevant materials according to the requirements. The
public security border defense department shall make public the catalogue of
materials that need to be submitted at the service windows or on the official
website.
Article 10 (Examination and Verification)
The public security border defense department shall complete the examination
and verification within three working days from the date of accepting the
application of the party concerned. Relevant credentials shall be issued to
those who meet the conditions; no credential shall be issued in any one of the
following situations, and the party concerned shall be notified in writing:
1. defendants in criminal cases, and criminal suspects identified by the public
security organ, the national security organ, the people's procuratorate, or the
people's court;
2. criminals sentenced to public surveillance or fixed-term imprisonment
probation, conditional release or medical parole;
3. those notified by the people's court about their unsettled economic or civil
cases and;
4. those using vessels to smuggle or transport illegal exit-entry personnel;
5. those whose act of going to sea may endanger the national security or cause
heavy losses to the national interests; or
6. other circumstances provided for by laws, rules and regulations.
Article 11 (Requirements on Carrying Credentials)
The vessels obtaining the Sea Vessel Register and the personnel having such
valid sea-going credentials as the Sea Boatman Card, the Seafarer's Passport of
the People's Republic of China or the Crew Service Booklet shall, at the time
of going to sea, carry the relevant credentials for inspection by the public
security border defense department.
The person in charge of the vessel shall not employ or transport persons
without valid sea-going credentials to conduct sea-going operations.
Article 12 (Term of Validity of Credentials)
The maximum valid term of the Sea Vessel Register and the Sea Boatman Card
shall be not more than four years; the valid term of the Sea Boatman Card for
temporary sea-going personnel shall be clearly marked by the issuing organ,
with one year as the maximum.
Article 13 (Annual Examination)
The public security border defense department shall, according to relevant
provisions of the State, conduct annual examination on the Sea Vessel Register
or the Sea Boatman Card. The credentials failing to undergo the annual
examination are invalid.
Article 14 (Alteration of the Credentials)
Where the vessel is renewed, renovated, transacted, transferred, or leased or
the onboard personnel with the Sea Boatman Card have changed, the person in
charge of the vessel shall go through the alteration formalities of the Sea
Vessels Register with the original public security border defense department.
Article 15 (Cancellation of the Credentials)
Where the vessel is missing or scrapped, or the personnel with the Sea Boatman
Card no longer go to sea, the party concerned shall go through the cancellation
formalities of the relevant sea-going border defense credentials with the
original public security border defense department.
Where a person with the Sea Boatman Card is dead, the original public security
border defense department shall cancel his/her Sea Boatman Card.
Article 16 (Prohibited Acts-Category I)
The act of lending one's own or using another person's Sea Vessel Register or
Sea Boatman Card is prohibited.
The act of forging, altering, or using the forged or altered Sea Vessel
Register or Sea Boatman Card is prohibited.
Chapter III Security Management of the Vessels and Personnel
Article 17 (Public Security Liability and Prevention)
The person in charge of the vessel is the liable person of the public security
of the vessel; the captain accountability system is adopted in the management
the public security of sea-going vessels.
The public security organization or security personnel shall be established or
allocated on sea-going vessels according to the vessel's tonnage, horsepower
and prescribed staff size.
Article 18 (Vessel Marks)
The vessel shall, according to relevant provisions, have the vessel name, the
hull number, and the port of registry on it, and keep them clear and in good
condition. Marks such as the vessel name, the hull number, and the port of
registry shall not be arbitrarily replaced, moved, covered, altered or forged.
Article 19 (Border Defense Visa for Vessels)
Where the vessel enters or leaves the port or the wharf in the coastal waters,
it shall undergo the exit-entry border defense visa formalities in a timely
manner with the public security border defense department at the port or the
wharf, and subject itself to inspection by the public security border defense
department.
Article 20 (Prohibited Acts-Category II)
The vessels or personnel are prohibited from engaging in the following
activities:
1. carrying to sea any classified documents or data irrelevant to the marine
operation;
2. illegally keeping for use or disposing of any contraband goods floating on
the sea;
3. illegally intercepting, berthing and boarding, intentionally colliding with
or arbitrarily steering other's vessel;
4. arbitrarily entering or berthing in the coastal waters or at islands where
entry is prohibited or restricted by the State or this Municipality;
5. holding others in custody, or robbing or sabotaging their vessels or
articles on their vessels at sea owing to fishing disputes;
6. interfering with another vessel's normal production and operation at sea;
7. operating by taking measures that may endanger public security such as
electric shock, explosion, spreading toxic substances;
8. destroying or stealing other's aquiculture or fishing facilities and
products;
9. purchasing, peddling, extorting, or exchanging by force fishing products or
other articles;
10. illegally transporting, storing, or transacting refined oil products;
11. engaging in such acts as smuggling, trafficking in narcotics or arms and
ammunition, or organizing and carrying others to cross the border illegally;
and
12. other activities that are prohibited by laws, rules and regulations.
Article 21 (Report System)
Where a vessel enters or berths, due to force majeure or emergency actions, in
the coastal waters or at islands where entry is prohibited or restricted by the
State or this Municipality, it shall promptly report it to the public security
border defense department upon return to the port, and subject itself to
enquiry and inspection.
Article 22 (Report on the Loss of the Vessel)
Where the vessel is missing or sunk or destroyed, the person in charge of the
vessel shall immediately report it to the public security border defense
department at the locality or the public security border defense department
that issued the credentials.
Chapter IV Legal Liability
Article 23 (Reference Clause)
Where the Law of the People's Republic of China
on Penalties for Public Security Administration and other laws and
regulations have provisions on punishing the acts violating the provisions of
these Procedures, such provisions shall prevail.
Article 24 (Punishment on Violating the Provisions on Registration and Record
of Sea Leisure Tourism Persons)
Where the person in charge of the fishing vessel, in violation of the
provisions of Clause 2, Article 8 of these Procedures, fails to register the
identity documents of the persons who go to sea with his fishing vessel for
leisure tourism, and fails to report it to the public security border defense
department for the record before the departure, the public security border
defense department shall order for corrections, give warnings, and impose a
fine of not less than 500 yuan but not more than 1,000 yuan.
Article 25 (Punishment on Violating the Provisions on the Management of
Sea-going Credentials)
The public security border defense department shall impose a fine of not less
than 1,000 yuan but not more than 5,000 yuan on the person in charge of the
vessel or other directly liable persons for any of the following acts:
1. in violation of the provisions of Article 7 or Clause 1 of Article 8 of
these Procedures, the vessels failing to obtain the Sea Vessel Register or the persons
failing to obtain the Sea Boatman Card or other valid sea-going credentials
when going to sea for marine operation;
2. in violation of the provisions of Clause 1 of Article 16 of these
Procedures, lending one's own or using other's Sea Vessel Register or Sea
Boatman Card; or
3. in violation of the provisions of Clause 2 of Article 16 of these
Procedures, forging, altering, or using forged or altered Sea Vessel Register
or Sea Boatman Card.
The public security border defense department shall give a warning to the
person in charge of the vessel or other directly liable persons, and may impose
a fine of not less than 200 yuan but not more than 1,000 yuan for any of the
following acts:
1. in violation of the provisions of Clause 1 of Article 11, or Article 13 of
these Procedures, the vessel and personnel going to marine operation fails to
carry the credentials as required or the credentials carried failing to pass
the annual examination;
2. in violation of the provisions of Clause 2 of Article 11 of these
Procedures, employing or carrying personnel without the valid sea-going
credentials when going to marine operation; or
3. in violation of the provisions of Article 14, or Clause 1 of Article 15 of
these Procedures, failing to go through the alteration or cancellation
formalities of the Sea Vessel Register or the Sea Boatman Card.
Article 26 (Punishment on Vessels and Personnel for Violating the Provisions on
Public Security Management)
The public security border defense department shall order for corrections, and
impose a fine of not less than 500 yuan but not more than 5,000 yuan on the
person in charge of the vessel or other directly liable persons for any of the
following acts that violate the provisions of Article 18 of these Procedures:
1. failing to draw up, according to the provisions, the vessel name, the hull
number, or the port of registry, or failing to clearly mark out the name, hull
number or port of registry; or
2. arbitrarily replacing, moving, covering, altering or forging such marks as
the vessel name, the hull number, or the port of registry.
The public security border defense department shall give a warning to the
person in charge of the vessel or other directly liable persons, and may impose
a fine of not less than 200 yuan but not more than 1,000 yuan for any of the
following acts:
1. in violation of the provisions of Article 19 of these Procedures, failing to
go through the exit-entry border defense visa formalities when the vessel
enters or leaves the port or the wharf in the coastal waters.
2. in violation of the provisions of Article 21 of these Procedures, failing to
report to the public security border defense department when the vessel returns
to the port after having entered or berthed, due to force majeure or emergency
actions, in the coastal waters or at islands where entry is prohibited or
restricted by the State or this Municipality; or
3. in violation of the provisions of Article 22 of these Procedures, failing to
report to the public security border defense department where the vessel is
missing or sunk or destroyed.
Article 27 (Punishment on Violating Relevant Prohibitive Provisions)
In the case of any one of the following acts that violate the provisions of
Item 2, 3, or 6 of Article 20 of these Procedures, the public security border
defense department shall impose a fine of not less than 1,000 yuan but not more
than 5,000 yuan on the person in charge of the vessel or other directly liable
persons; where the case is serious, a fine of not less than 5,000 yuan but not
more than 20,000 yuan shall be imposed:
1. illegally keeping for use or disposing of any contraband goods floating in
the sea;
2. intentionally colliding with other's vessel; or
3. interfering with other vessel's normal production and operation at sea.
In the case of arbitrarily entering or berthing in the coastal waters or at
islands where entry is prohibited or restricted by the State or this
Municipality, which violates the provisions of Item 4 of Article 20 of these
Procedures, the public security border defense department shall impose a fine
of not less than 500 yuan but not more than 1,000 yuan.
Article 28 (Administrative Liability)
Where the staff of the public security border defense department have one of
the following acts, the unit they work in or their superior competent
department shall, according to law, give a warning or record a demerit to the
directly liable person in charge and other directly liable persons; where the
case is comparatively serious, a major demerit or demotion shall be given;
where the case is serious, the person concerned shall be dismissed from the
post:
1. refusing, without justified reasons, to accept the qualified application for
relevant sea-going border defense credentials;
2. violating the examination and approval procedures on sea-going border
defense credentials; or
3. failing to conduct prompt investigation upon finding illegal acts.
Chapter V Supplementary Provisions
Article 29 (Effective Date)
These Procedures shall be effective as of January 1, 2013. The Procedures of
Shanghai Municipality on the Administration of Coastal Border Defense for
Public Security Purpose promulgated by Decree No. 78 of Shanghai Municipal
People's Government on December 29, 1999, amended according to the Decisions of
Shanghai Municipal People's Government on Revising 10 Regulations Including the
Procedures of Shanghai Municipality on the Administration of Inland Ports
promulgated by Decree No. 97 of Shanghai Municipal People's Government on
January 9, 2001, amended according to the Decisions of Shanghai Municipal
People's Government on Revising 148 Government Regulations Including the
Interim Provisions of Shanghai Municipality on the Handling of Farm Machinery
Accidents promulgated by Decree No. 52 of Shanghai Municipal People's
Government on December 20, 2010, and amended and re-promulgated according to
the Decisions of Shanghai Municipal People's Government on Revising 15
Government Regulations Including the Procedures of
Shanghai Municipality on the Administration of Inland Ports
promulgated by Decree No. 81 of Shanghai Municipal People's Government on
February 7, 2012 shall be repealed at the same time.