中华人民共和国渔业船舶检验条例 Decree of the State Council of the Peoples Republic of China

el inspection agency in a unified way. The operation inspection of any other fishing vessel shall be implemented by the agency of fishing vessel inspection of the port of registry； where a fishing vessel is unable to return to the port of registry for the operation inspection， the agency of fishing vessel inspection of the port of registry shall entrust the correspondent agency of the place of operation or repair of that vessel to make the inspection； the agency of fishing vessel inspection that makes the inspection shall， within 5 workdays upon the completion of the inspection， handover the technical materials， such as the inspection report， and inspection records， etc.， to the agency of fishing vessel inspection of the port of registry.

　　Chapter IV Temporary Inspection

　　Article 19 Temporary inspection of fishing vessel refers to the unconventional inspection carried out by the agency of fishing vessel inspection over a fishing vessel in operation that is involved in certain circumstances.

　　Article 20 With respect to any of the fishing vessels involved in any of the following circumstances， the owner or operator shall apply for the temporary inspection：

　　1） Being unable to return to the port of registry in time as a result of invalidation of the inspection certificate；

　　2） Being ordered to be inspected for inconformity with the relevant requirements of the laws and regulations on water transportation safety or environmental protection；

　　3） Being in any other specific circumstances provided for by the administrative department of fishing under the State Council.

　　Article 21 An agency of fishing vessel inspection shall carry out a temporary inspection within 2 workdays from the day on which the fishing vessel applying for inspection reaches the place of inspection. If the vessel passes the inspection， the agency shall affix opinions on or issue the certificate of fishing vessel inspection within 3 workdays upon the completion of the inspection； if the vessel fails the inspection， the agency shall notify the party concerned in writing and explain the reasons thereto.

　　Article 22 The division of jurisdiction over temporary inspection of fishing vessels shall comply with the provisions of Article 18 hereof on the division of jurisdiction over operation inspection.

　　Chapter V Supervision and Administration

　　Article 23 An agency of fishing vessel inspection may not accept the applications for inspection with respect to the fishing vessels involved in any of the following circumstances：

　　1） Those of which the design drawings and technical documents are not examined and approved or confirmed by the agency of fishing vessel inspection；

　　2） Those manufactured or rebuilt in violation of Paragraph 2 of Article 8 and Paragraph 2 of Article 9 of the Regulations；

　　3） Those repaired in violation of Article 16 or 17 of the Regulations.

　　Article 24 Local agencies of fishing vessel inspection shall carry out the inspection within the scope ratified by the state fishing vessel inspection agency.

　　Article 25 The personnel engaging in fishing vessel inspection shall pass the examination by the agency of fishing vessel inspection of the state before taking the corresponding fishing vessel inspection work.

　　Article 26 Fishing vessel inspection agencies and the inspection personnel thereof shall strictly abide by the rules for fishing vessel inspection， carry out the inspection on spot， and be responsible for the inspection conclusions.

　　The rules for fishing vessel inspection shall be formulated by the state fishing vessel inspection agency， and be promulgated for implementation upon approval by the administrative department of fishing under the State Council.

　　Where the state has not formulated corresponding inspection rules for the fishing vessels or products for vessel use that are newly created， the inspection rules acknowledged by the state fishing vessel inspection agency may be applied.

　　Article 27 A party having any objection to the inspection conclusion of a local agency of fishing vessel inspection may apply for re-inspection pursuant to the provisions of the state fishing vessel inspection agency.

　　Article 28 The charges for inspection of fishing vessels shall comply with the charging standards stipulated by the administrative departments of price and finance under the State Council.

　　Article 29 The formats of the inspection certificate， inspection records， and inspection report of fishing vessels， as well as the official inspection stamp， shall be set forth by the state fishing vessel inspection agency in a unified way.

　　Article 30 The fishing vessel inspection personnel， when performing duties according to law， shall have the right to check the inspection certificates and technical status of the fishing vessels， and the relevant entities and individuals shall cooperate.

　　The investigation and handling of major maritime casualties of fishing vessels shall have the participation of the agency of fishing vessel inspection.

　　Article 31 With respect to a fishing vessel in any of the following circumstances， the owner or operator thereof shall， 7 workdays prior to the day of disuse， registry alteration， or rebuilding of the fishing vessel or within 20 workdays upon loss of the fishing vessel， apply for writing off the certificate of fishing vessel inspection with the agency of fishing vessel inspection； for failure to file the application within the said time limit， the certificate of fishing vessel inspection shall be invalidated as of the day of completion of the registry alteration or rebuilding of the fishing ship or the day of disuse or loss of the fishing vessel， and the agency of fishing vessel inspection shall write off the certificate of fishing vessel inspection：

　　1） Being disused pursuant to the relevant provisions of the state；

　　2） Alteration of registry from China to any foreign country；

　　3） Being rebuilt from a fishi

ng vessel to a non-fishing vessel；

　　4） Being lost as the result of sinking， etc.

　　Chapter VI Legal Liabilities

　　Article 32 If any fishing vessel， in violation of the Regulations， goes into operation in water without being inspected and obtaining the certificate of fishing vessel inspection， that fishing vessel shall be confiscated.

　　If any fishing vessel that should be disused pursuant to the provisions continues to operate， the operation shall be ordered to be stopped immediately， the invalidated certificate of fishing vessel inspection shall be withdrawn， the fishing vessel that shall be disused shall be dismantled forcibly， and a fine ranging from 2，000 Yuan to 50，000 Yuan shall be imposed concurrently； and the criminal liabilities shall be investigated for according to law if a crime is constituted.

　　Article 33 For failure to， in violation of the Regulations， apply for operation inspection or temporary inspection for any fishing vessel for which the inspection shall be applied for， that vessel shall be ordered to be stopped from operation and the inspection shall be applied for within a prescribed time limit； for failure to apply for the inspection within the said time limit， a fine ranging from 1，000 Yuan to 10，000 Yuan shall be imposed， and the certificate of fishing vessel inspection may be suspended.

　　Article 34 If any party， in violation of the Regulations， commits any of the following acts， that party shall be ordered to correct the act immediately， and be imposed on a fine ranging from 2，000 Yuan to 20，000 Yuan； if the vessel is being operated， the operation shall be ordered to be stopped immediately； if the party refuses to correct the act or refuses to stop the operation， the important equipment， parts and materials illegally used shall be dismantled forcibly or the certificate of fishing vessel inspection shall be suspended； and the criminal liabilities shall be investigated for according to law if a crime is constituted：

　　1） Using any important equipment， parts， and materials that are related to the voyage， operations， personal and property safety， and prevention of environmental pollution and that have not passed the inspection to manufacture， rebuild， or repair a fishing vessel；

　　2） Dismantling without authorization any of the important equipment and parts that are related to the voyage， operations， personal and property safety， and prevention of environmental pollution；

　　3） Changing without authorization the tonnage， load line， main engine power， fixed personnel number， or navigable areas of a fishing vessel.

　　Article 35 If any working person of the agency of fishing vessel inspection takes up the work of fishing vessel inspection without passing the examination， that person shall be ordered to stop the inspection work immediately， and be imposed on a fine ranging from 1，000 Yuan to 5，000 Yuan.

　　Article 36 If any party， in violation of the Regulations， is involved in any of the following circumstances， that party shall be ordered to correct the act immediately， and the directly liable personnel in charge and other directly liable personnel shall be given the sanctions of demotion， removal from post， or cancellation of inspection qualification； the criminal liabilities shall be investigated for according to law if a crime is constituted； and the certificate of fishing vessel inspection already issued shall be invalidated：

　　1） Failing to carry out the inspection pursuant to the relevant provisions of the administrative department of fishing under the State Council；

　　2） Issuing the certificate o

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