（MOT No.15, 2013）
Chapter 1 General Provisions
Article 1
These Provisions are formulated, in accordance with Regulations of the People's Republic of China on Seafarers and relevant International Conventions, to strengthen the management of seafarers’ training, ensure the quality of training and enhance the competence of the seafarers.
Article 2
These Provisions applies to seafarers’ training activities within territory of the People’s Republic of China.
Article 3
Seafarers’ training activities shall be non-governmental operations legally running with integrity and under fair competition.
The management of seafarers’ training shall follow the principle of fairness, justice, publicity and convenience.
Article 4
National the Ministry of Transport (MOT) of the People’s Republic of China is in the charge of Seafarers’ training activities nationwide.
The Maritime Safety Administration of the People's Republic of China (China MSA) is responsible for the management of seafarers’ training.
MSAs at all levels shall supervise and manage the practice of seafarers’ training in accordance with their respective duties.
Article 5
MOT shall determine the specific training programs, formulate appropriate training syllabuses in accordance with relevant national laws, administrative laws and regulations and International Conventions, and publish them.
Article 6
Shipping companies and relevant institutions shall facilitate seafarers’ training, and organize onboard training and updating training.
Chapter 2 Categories and Programs
Article 7
Training is categorized as three types in terms of the contents, i.e. Basic Safety Training, Competency Training and Special Training.
In terms of trainees, training can be divided into trainings for seafarers serving on seagoing and river trade vessels respectively..
Article 8
Basic Safety Training refers to the training stipulated for related personnel before serving onboard, namely personal survival skills, fire fighting, basic first aid and personal safety and social responsibilities. Two programs are categorized as:
.1 basic safety training for seagoing vessel seafarers;
.2 basic safety training for river trade vessel seafarers;
[page]
Article 9
Competency Training means the professional trainings stipulated for the applicants to obtain necessary professional knowledge and practical skills, including Competency in specific posts and Competency in professional skills.
The Training in terms of specific posts is divided into competency trainings for seafarers serving on seagoing and river trade vessels respectively. Training programs of the competency training are for seafarers serving on seagoing vessels in capacities of:
.1 Master
.2 Chief Engineer
.3 Chief Mate
.4 Second Engineer
.5 Third Mate
.6 Fourth Engineer
.7 Electro-technical officer
.8 Able Seafarer Deck forming part of navigational watch
.9 Able Seafarer Engine forming part of engine watch
.10 Motorman on duty
.11 Ordinary Seaman
.12 Electro-technical rating
.13 GMDSS Operator
.14 Pilot
.15 noe-self-propelled crew member
.16 seaplane Pilot
.17 WIG crew member
.18 Yacht operator
.19 Motorboat driver
Training programs of competent training for seafarers serving on river trade vessel are for:
.1 Capacities in deck department;
.2 Capacities in engine department;.
The competency training of professional skills is only applicable to seafarers serving on seagoing vessels, including the following programs:
.1 Proficiency in survival craft and rescue boat
.2 Proficiency in fast rescue boat
.3 Advanced Fire-Fighting
.4 Proficiency in First Aid
.5 Medical Care onboard
.6 Security Awareness
.7 for Crew with designated security duties
.8 Ship Security Officer
[page]
Article 10
Special Training refers to the training the seafarers working on certain types of ships, such as dangerous cargo ships, passenger ships, large ships, etc., which is designed for seafarers serving on seagoing vessel river trade vessel respectively.
For seagoing vessel, training programs are:
.1 Basic training for oil and chemical tanker cargo operation
.2 Advanced training for oil tanker cargo operation
.3 Advanced training for chemical tanker cargo operation
.4 Basic training for liquefied gas tanker cargo operation
.5 Advanced training for liquefied gas tanker cargo operation
.6 Special training for seafarers on passenger ships
.7 Special training for maneuvering of large ships
.8 Special training for HSC seafarers on
.9 Special training for operations on ships carrying solid hazardous and noxious goods in bulk
.10 Special training for operations on ships carrying solid hazardous and noxious goods in package form
For river trade vessel, training programs are for:
.1 oil tanker
.2 chemical tanker
.3 liquefies gas tanker
.4 passenger ship
.5.HSC
.6 ro-ro ship
.7 ships carrying dangerous cargo in package form
.8 shipped powered by liquefied gas fuel
Chapter 3 Permission for seafarer training
Article 11
Administrative licensing requirements apply to Seafarer training activities.
Training institutions shall, in accordance with these Provisions, apply and obtain specific seafarer training license for different training programs as premise before actual operation..
The training institutions mentioned in the preceding paragraph refer to legally establishments of maritime universities, social institutions or enterprises.
Government departments and authorities responsible for seafarer training and examination shall not organize or be part of organizing any training activities.
Any government agency or authority in charge of seafarers’ training and examination shall not organize or involve in organizing any seafarers’ training.
Article 12
Training institutions shall meet the corresponding requirements for their intended operation in seafarer training, which are stated as follows:
.1 premises, facilities and equipments match the detailed requirements adopted by MOT corresponding to the same in relevant conventions for specific training categories and programs.
.2 teaching staff matches the detailed requirements adopted by MOT corresponding to the same in relevant conventions for specific training categories and programs. 80% of which shall pass the examinations organized by China MSA and obtain relevant certificates.
.3 management staff matching the requirements for corresponding training programs, detailed as follows:
3.1 Full-time management staff for teaching, facility and equipment, certification and archiving;
3.2 At least 2 teaching management staff, with educational background of maritime vocational or other tertiary education or above, and familiar with relevant laws and regulations and concerned training program;
3.3 At least 1 management staff for facility and equipments, with background of vocational education or above, and proficient with operations of concerned facility and equipments.
3.4 A sound seafarer training management system, covering trainees’ and teaching staff management, training program portfolio, issuing of training evidence, facility and equipments and archive management.
3.5 A sound safety protection system, including for personal safety and contingency.
3.6 A seafarers’ training quality management system as required by MOT.
[page]
Article 13
Training institutions engaged in seafarers’ training shall file an application to China MSA together with following documents:
.1 application letter/form
.2 institutions’ legal registration code;
.3 description of premises, facility and equipments for intended training operations;
.4 description of teaching staff (CV & supporting evidence);
.5 description of management staff (CV & supporting evidence);
.6 list of laws, regulations and technical documents available for intended training operations;
.7 texts of management system and safety protection system for seafarer training activities;
.8 QMS documents for seafarer training activities.
Training institutions apply for training activities of seagoing seafarers shall submit the same application package to the MSA under MOT which is in the same registration locality.
Training institutions apply for training activities of river trade vessel seafarers shall submit the same application package to the MSA under MOT or local MSA under provincial government which is in the same registration locality.
Article 14
The application for seafarer training operations shall follow the procedures prescribed inthe Rules of Administrative Licensing Procedures in Traffic Sector.
Article 15
China MSA shall grant the permission and issue the Seafarer Training License within 30 days after the reception of the application, otherwise a written notice of rejection and reasons thereof shall be issued to the applicant.
China MSA may delegate the site verification to MSA under MOT or MSA under provincial government upon receiving the application.
Site verification is for overall and objective evaluation for the applicant’s qualification, therefore the time spent on this purpose should be counted within the time frame for the application.
Article 16
The Seafarer Training License shall state the name, address, legal person, permitted training programs, venue, validity and other related matters of the training institution.
The validity of the Seafarer Training License is 5 years.
Article 17
If any need of alteration in the Seafarer Training License arises, the training institution shall apply to China MSA to do so.
With regard to new-added training programs, the training institution shall file a separate application to China MSA.
Article 18
The intermediate review system applies to the Seafarer Training License.
China MSA shall execute the intermediate review on training institutions between the second and third year since the issuance date of the Seafarer Training License.
Article 19
China MSA may, during the intermediate review, require training institutions to submit the following documents:
.1 Explanatory materials of training institutions’ status to meet the requirements of training;
.2 Introductions of seafarers’ training activities;
.3 Other relevant materials.
China MSA shall endorse on the Seafarer Training License if the intermediate review is satisfactory. If unsatisfactory, China MSA shall request the training institution to correct the deficiencies in a time limit. With regard to those unable to be corrected within the time limit, China MSA shall withdraw the Seafarer Training License.
Article 20
Training institutions shall apply to China MSA for extending the Seafarer Training License within 30 days before the expiry date of the existing Permit. China MSA shall complete the examination and approval procedure within 30 working days upon receiving the application.
To apply for extending the Seafarer Training License, training institutions shall submit the following documents:
.1 Application letter/form for extension.
.2 Documents required from item 2 to item 8 of Article 13,
Article 21
China MSA shall withdraw the Seafarer Training License，in any of the following situations:
.1 upon the application of concerned Training institutions.
.2 Legal entities are terminated in accordance with law.
.3 The Seafarer Training License is revoked or suspended in accordance with law.
[page]
Chapter 4 Implementation of Seafarers’ Training
Article 22
Training institutions shall operate within the scope stated in the Seafarer Training License, including training programs, venue and number of trainees determined by MSA.
Seafarers shall complete their required training programs in the training institutions with the Seafarer Training License.
Article 23
Training institutions shall develop and carry out seafarers’ training in accordance with the training syllabuses and requirements stipulated by MOT on marine safety and pollution prevention by ships.
The training schedules developed by training institutions shall be confirmed by MSAs.
Article 24
Training institutions shall keep all training premises, facilities and equipments in good condition. Adequate spares parts and consumable items shall be readily available to ensure the smooth running of the training programs.
Article 25
Any maritime instructor shall not be employment contract bounded with two or more training institutions.
The employment contract bounded instructor means the instructor signing labor contract with the training institution for the validity over a year.
Article 26
Training institutions shall placard the Seafarer Training License in a conspicuous place, and post their licensed training programs, charging items and standards, and instructor resources, etc.
Training institutions shall not conduct training and operating activities in unfair competition ways such as fraud.
Article 27
Training institutions shall inform traineesofthe requirements stipulated in training programs by China MSA in respect of age, certificate, sea service experience, apprentice ship experience, safety record, medical fitness condition, etc.
Article 28
Training institutions shall record the training activities properly in accordance with the provisions of China MSA.
Article 29
Training institutions shall report training plans to MSA for the record in the written or electronic form within 3 days prior to the beginning date of training courses. The plan shall include number of trainee, teaching plan and schedule, information of instructors , facilities, equipment and teaching materials, etc.
Training institutions shall report trainee rosters to MSA for record within 3 days since the beginning date of training courses.
Article 30
Training institutions shall ensure effective operation of their quality control system.
Article 31
Training institutions shall establish trainee files and provide trainees with corresponding evidences for their attended Training.
With regard to trainees whose attendance is lower than 90% of training course hours, training institutions shall not provide such evidence thereafter.
Article 32
After successfully finishing required training program with their training evidence, the trainee can apply to MSA for the corresponding examination and assessment.
Article 33
As for the trainee who has finished the training, passed the examination and obtained a qualified assessment, MSA shall issue the corresponding certificate in accordance with relevant provisions.
Article 34
Where simulators employed in training programs, their functions and performance standards shall comply with relevant requirements of the International Convention on Standards of Training, Certification and watchkeeping for Seafarers, 1978, as amended. China MSA will develop and publicize the simulators’ function and performance standards separately.
Before simulators being employed in actual training, the training institutions shall conduct thorough tests to ensure their fit for purpose.
[page]
Chapter 5 Supervision and Inspection
Article 35
MSAs shall establish and improve the supervision and inspection system, and urge training institutions to implement the seafarers’ training management system and safety protection system.
Article 36
MSAs shall be equipped with facilities and materials in compliance with the requirements prescribed by China MSA in terms of training management, examination, assessment and certification, and shall establish files of training institutions, and supervise and direct their training activities.
Article 37
MSA shall carry out at least one inspection on each training, and focus on the following aspects:
.1 Execution of teaching plan;
.2 Instructors and their training delivery;
.3 usage and supply of training facilities, equipment and materials;
.4 compliance of requirements of ratio between trainee and instructors;
.5 Attendances of trainees.
Article 38
For supervision and inspection, MSAs shall have more than 2 MSAs law enforcement officials at site and present their valid Administrative Law Enforcement Certificates.
Article 39
MSAs may inquire the parties, training institutions or individuals for information, consult and copy relevant materials for the supervision and inspection, and shall keep business secrets of training institutions and individuals’ privacy..
MSAs shall keep records and preserve them accordingly.
Article 40
Training institution or individuals shall respond to the supervision and inspection honestly and provide information truthfully.
Article 41
When a training institution is found noncompliant with conditions required by the License granted during the inspection, MSA shall request the training institution to correct the deficiencies in a time limit.
If the institution fails to correct within the time limit, MSA will withdraw the Seafarer Training License in accordance with law.
Article 42
MSAs shall publicize their authorities and procedures of seafarers’ training, complaint hotline, mailing and e-mail address, etc. and subject social supervision.
Chapter 6 Legal Liability
Article 43
Training institutions conducting any training activity without the Seafarer Training License, which is in violation of these Provisions, shall be imposed a fine between RMB50,000 and RMB250,000 by MSA. Any illegal gaining shall be confiscated.
The violation activities in the preceding paragraph refer to:
.1 Training institutions conduct training activities without the Seafarer Training License;
.2 Training institutions obtain the Seafarer Training License by illegal means such as cheating, bribery, etc.
.3 Training institutions do not conduct training according to the items stated in the Seafarer Training License.
Article 44
Training institutions, which do not conduct trainings according to the training syllabuses and requirements stipulated by MOT on marine safety and pollution prevention by ships, shall be requested to correct and imposed a fine between RMB 20,000 and RMB100,000 by MSAs. In serious cases, the Seafarer Training License of the training institutions shall be suspended for 6 months up to 2 years, or even cancelled.
Article 45
MSA officials shall be given the Administrative sanction in accordance with law under the following circumstances:
.1 Issuing the Seafarer Training License in violation of the provisions;
.2 Not implementing duties of supervision and inspection in accordance with law;
.3 Not implementing Administrative coercion or administrative penalty in accordance with law;
.4 other activities such as abuse of power and negligence, etc
Article 46
In the circumstances where these Provisions are seriously violated and a crime is constituted, criminal responsibility shall be pursued in accordance with law.
Chapter 7 Supplementary Provisions
Article 47
Students, who have YES full-time nautical education and obtained the diploma in maritime vocational schools, colleges or universities, can be deemed as successfully completion of their training for Third Officer and Fourth engineer, subject to China MSA confirmation.
China MSA shall periodically publish the list of maritime vocational schools, colleges or universities stated in the preceding paragraph.
Article 48
Chinese seafarers holding the Certificate of Proficiency issued by other Contracting Parties to the International Convention on Standards of Training, Certification and Watchkeeping of Seafarers 1987, as amended can apply for the issuance of the corresponding certificates by China MSA. Upon verification that the applicant’s qualification meet the minimum standards under STCW, the application can be granted.
Article 49
The Seafarer Training Licenseshall be formulated and printed by China MSA.
Article 50
These Provisions shall come into force and obsolete the Administrative Rules of Seafarers’ Training in the People’s Republic of China (No. 13 Order of MOC 1997) on October 1, 2009.
(All information published in this website is authentic in Chinese. English is provided for reference only.)
