Chapter I General Provisions
Article 1 The provisions are formulated in accordance with Regulations for the Survey of Ships and Offshore Installations of the People's Republic of China and Regulations of the People's Republic of China on Fishing Vessel Inspection and relevant regulations on National Vocational Qualification Certification System, with a view to optimizing the management on professional technical personnel conducting ship survey, enhancing their professional quality to ensure the ship survey quality and also to prevent environment pollution.
Article 2 The provisions shall apply to technical professionals conducting ship survey, who are employed by ship survey organizations.
Ship survey refers to survey on vessels and offshore installations (including cargo containers onboard) and approval on relevant plan and technical documentation.
Article 3 The professional permission system is adopted for technical professionals conducting ship survey in China,which are brought into the nationalprofessional qualification certification system.
Article 4 Registered ship surveyors refer to technical professionals who carry out ship survey after obtaining the Qualification Certificate of Registered Ship Surveyors of People's Republic of China (hereinafter referred to as "Qualification Certificate") and completing all registry procedures required.
Article 5 Ministry of Human Resources and Social Security, Ministry of Transport and Ministry of Agriculture of the People's Republic of China shall be jointly in charge of the implementation of registered ship surveyors system and responsible for guidance and supervision respectively.
Human resource departments at provincial level shall be responsible for the supervision on the qualification examination and registration of ship surveyors within their administrative jurisdiction.
Chapter II Examination
Article 6 National unified syllabus and examination system are adopted for qualification examination of registered surveyors. The examination will be held once a year in principle.
Article 7 Two categories are set for the qualification examination of registered ship surveyors: one is for vessels and offshore installations and the other for fishing ships. Each category is divided into four grades. Technical professionals may apply for the appropriate category and grade accordingly.
Category/Grade
Vessels and Offshore Installations
Fishing Vessels
A
Vessels engaged in international voyage, offshore installations,fishery auxiliary vessels engaged in international voyage
Ocean-going fishing vessels
B
Vessels engaged in coastal voyage
Fishing vessels engaged in coastal voyage
C
Vessels navigating in inland water
Small-sized fishing vessels engaged in coastal voyage, fishing vessels navigating in inland water
D
Small-sized vessels navigating in inland water
Small-sized fishing vessels navigating in inland water
Article 8 Expert Committee for examinations at each category/grade is set up by Ministry of Transport and Ministry of Agriculture accordingly, which is responsible for defining subjects to be tested, developing examination syllabus, items and database. The Committee will propose relative standards of "PASS" for each category/grade.
Article 9 Ministry of Human Resources and Social Security, together with Ministry of Transport or Ministry of Agriculture, is responsible for the approval of examination subjects, syllabus and items, and for the examination supervision and guidance, and also for defining standards of "PASS" .
Article 10 Chinese citizens, who abide by both the national legislation and professional ethics, healthy and meet all the relevant requirements, are qualified to apply for examinations. Specific implementation provisions are developed by Ministry of Human Resources and Social Security, together with Ministry of Transport or Ministry of Agriculture.
Article 11 Relevant qualification certificates, made by Ministry of Human Resources and Social Security and sealed together with either Ministry of Transport or Ministry of Agriculture, are issued to applicants who pass the examinations. Certificates are valid nationwide.
Article 12 Qualification certificates obtained by improper means shall be withdrawn by the issuing authority, and certificate holders are not allowed to take the examination within 3 years.
Chapter III Registration
Article 13 Registration system is adopted for the management of registered ship surveyors. Anyone who has obtained the qualification certificate must go through the registration procedure required before conducting any ship survey work stated in the Provisions.
Article 14 Ministry of Transport and the Ministry of Agriculture are the corresponding approval authorities for the registration respectively. Branches of Maritime Safety Administration with the responsibility of ship survey governance are the registration inspection authorities of registered ship surveyors for vessels and offshore installations; while fishery administrations at provincial level are responsible for the registration inspection of registered ship surveyors for fishing vessels.
Article 15 Anyone who has obtained the qualification certificate and applies for the registration should be employed by a qualified survey organization, which would submit the application of registration to the corresponding inspection authority for the applicant.
Article 16 In case the application documents are incomplete or inconsistent with the requirements, the registration inspection authority should notify the applicant, immediately or within 5 working days upon receiving the application. Otherwise, the application shall be regarded as "accepted" starting from the receiving date.
A written notice stamped by the registration inspection authority shall be issued no matter the application is accepted or not.
Article 17 Document check-up shall be completed in accordance with the requirements and procedures within 20 working days since the reception date, and its report, together with all application documents, shall be submitted to the corresponding registration approval authority.
Approval decision shall be made by the approval authority within 20 working days since the date of document receipt. For those applications rejected, applicants shall be informed of the reason in written form, and their rights to apply for administrative reconsideration or administrative proceedings. Any reason for extending the approval duration should be informed.[page]
Approval notice shall be delivered to applicants within 10 working days since the decision date, and the Certificate of Registered Ship Surveyors of the People's Republic of China (hereinafter referred to as "Registration Certificate") will be issued afterwards.
Article 18 Each registration of the Certificate is valid for 3 years and regarded as the permit for the registered ship surveyors.
Article 19 All documents as follows shall be provided for application:
1. Application Form for Registered Ship Surveyor of the People's Republic of China.
2. Qualification Certificate of corresponding category/grade.
3. Evidence on professional training, working experience and satisfactory survey performance review provided by employers.
4. Labor or employment contract with employers.
5. Other requirements by registration approval authority.
Article 20 Applicant may apply for initial registration within 1 year since the date obtaining the qualification certificate. Otherwise, the applicant shall meet the requirement of continued education stated in the Provisions.
Article 21 If applicant plans to continue survey practice but the registration is about to expire, application for registration extension shall be submitted within 30 working days before the expiration, following the same procedure stated in Article 15 of the Provisions. Approval authority shall make the decision within due time after receiving application. Otherwise, it is regarded as approved.
All documents as follows shall be provided for registration extension application:
1. Application Form for Registered Ship Surveyor of the People's Republic of China for Registration Extension;
2. Qualification Certificate of corresponding category/grade;
3. Labor or employment contract with employers;
4. Evidence of performance review provided by employers and completion of continued education within valid registration duration.
Article 22 Within valid registration duration, any registered ship surveyor who changes employment relationship shall go through the procedure stated in Article 15 for registration alteration. The new registration remains valid within the original duration.
Documents as follows shall be provided for registration alteration application:
1. Application Form for Registered Ship Surveyor of the People's Republic of China for Registration Alteration;
2. Qualification Certificate of corresponding category/grade;
3. Labor or employment contract with new employer;
4. Evidence of job transfer, labor or employment relationship termination, or retirement.
Article 23Registered Certificate is regarded as invalid if the holder loses the disposing capacity, or is dead, or declared of missing.
Article 24When any of the following circumstances is confirmed, registered surveyor or the employer shall submit the application for revoke to the corresponding inspection authority in time and go through all the revoke procedures, and the approval authority shall withdraw the registration certificate after approval.
1. The surveyor does not possess full capacity for civil conduct;
2. The surveyor applies for registration revoke;
3. The business license of the employer is revoked;
4. The survey qualification certificate of the employer is revoked;
5. The labor or employment relationship with the employer terminates;
6. The registration expires without extension;
7. The surveyor is employed by two or more survey organizations at the same time;
8. The registration is withdrawn in accordance with relevant regulations;
9. The surveyor is under a criminal penalty;
10. Other circumstances under which the registration shall be revoked.
Article 25 The registration shall not be permitted when any of the following circumstances is confirmed:
1. The surveyor does not possess full capacity for civil conduct;
2. The criminal execution has not been completed;
3. Within 2 years from criminal execution completion date;
4. Other circumstances in accordance with laws and regulations.[page]
Article 26 The registration, which was obtained by improper means, shall be revoked, followed by administrative penalty by approval authority in accordance with relevant laws and regulations. The involved applicant is not allowed to apply for registration within 3 years.
Article 27Any personnel whose registration is revoked or rejected may apply for registration in accordance with requirements of Article 15 of the Provisions, if all conditions for initial registration and requirements of continued education in the Provisions are met.
Article 28Registration results shall be published at regular intervals by the approval authority. Anyone who has different view on the revoke or rejection of the registration may appeal to administrative reconsideration or proceedings in accordance with relevant laws and regulations.
Article 29Continued education is a must for registration extension, registration reapplication and initial registration in case of overdue. A registered surveyor shall complete the continued education of their major within each registration's validity.
Both compulsory and optional courses are available for continued education with no less than 120 class-hours in total.
Chapter IV Practice
Article 30The registered surveyor shall conduct the survey practice for a qualified organization.
Article 31 The practice scope of the registered surveyor shall comply with relevant laws, regulations and provisions on ship survey.
Article 32Any survey report shall be signed and stamped by registered surveyors to be effective. The signing surveyors shall bear relevant legal liabilities.
Article 33 The survey organization is in charge of survey applications and charges for any survey activity.
Both the survey organization and the registered surveyors involved shall bear the corresponding liabilities for economic losses caused by survey quality.
Chapter V Rights and Obligations
Article 34 The registered surveyor is entitled:
1. to use the title of registered surveyor;
2. to conduct survey within the prescribed scope and fulfill the responsibilities in accordance with relevant national laws and regulations;
3. to receive continued education;
4. to gain the remuneration corresponding to professional duties;
5. to raise a different view on any survey or certification activity that is not in conformity with relevant provisions and regulations, and to report to the senior survey organization or registration authority;
6. to make an appeal on rights infringement.
Article 35 The registered surveyor shall be obliged:
1. to abide by laws, regulations and relevant provisions;
2. to follow laws, regulations, rules and standards on ship survey;
3. to ensure the survey quality and bear the corresponding responsibilities;
4. to sign on his/her own survey documents;
5. not to allow others to practice in his/her name;
6. to receive continued education to improve the survey performance;
7. to keep confidential of state secrets, business and technical secrets of others gained in survey activities;
8. to complete relevant work assigned by survey organization.
Chapter VI Supplementary Provisions
Article 36Prior to the issuing date of the Provisions, those who have engaged in ship survey for a long time and have passed the relevant examinations by Ministry of Transport and Ministry of Agriculture, and obtained relevant qualification certificates on ship survey, may be certified as registered surveyors through examination certifying procedure if all requirements are met.
Article 37 Residents of Hong Kong Special Administrative Region and Macao Special Administrative Region, who are qualified for examination application, may apply for the qualification examination on registered ship surveyors. Applicants shall submit their identification documents, relevant certificates of academic qualifications or certificates of academic degrees, and experience evidences on ship survey.
Provisions for foreigners applying for qualification examination on registered surveyors, registration and practice may be formulated separately.
Article 38 Detailed provisions on types of survey documents, quantity of ship surveyors a survey organization should be staffed with, and registration management and continued education will be formulated by Ministry of Transport and Ministry of Agriculture separately.
Article 39 During the implementation of registered surveyors system, if relevant administrative authorities infringe the legal rights of professional personnel, compensation shall be made accordingly based on Law of the People's Republic of China on State Compensation.
Article 40 Personnel engaged in survey on military vessels, vessels used for public security and sports crafts shall refer to relevant state regulations.
Article 41The Provisions shall be implemented as of 1 March, 2006.
(All information published in this website is authentic in Chinese. English is provided for reference only.)