Notice of the General Office of the Provincial Government on Issuing the Pilot Management Measures for Chinese-funded Flag of Convenience Cruise Ships at Hainan Cruise Ports (Trial Implementation)

Article 1 These Measures are formulated in accordance with the Decision of the Standing Committee of the National People's Congress on Authorizing the State Council to Temporarily Adjust the Application of Relevant Legal Provisions in the China (Hainan) Pilot Free Trade Zone, the Notice of the State Council on Temporarily Adjusting the Implementation of Relevant Administrative Regulations in the China (Hainan) Pilot Free Trade Zone, and the Notice of the General Office of the People's Government of Hainan Province on Issuing the Implementation Plan for the Pilot of Sea Tour Routes at Hainan Cruise Ports.

Article 2 These Measures shall be followed in carrying out the pilot of sea tour routes for Chinese-funded flag of convenience cruise ships and related management at Hainan Cruise Ports.

Article 3 The sea tour routes referred to in these Measures refer to routes that depart from Haikou and Sanya Cruise Ports in Hainan, sail within the approved waters, and return to the port of departure without stopping at other ports during the period.

Article 4 The Provincial People's Government is responsible for the organization and leadership of the sea tour route pilot, coordinating development and safety, promoting the promulgation of relevant local laws and regulations, formulating relevant policies, and urging relevant departments and the People's Governments of Haikou and Sanya to implement departmental supervision and local management responsibilities.
Article 5 The provincial transportation department is responsible for the market access and transportation market industry management of the pilot sea cruise route business, guides the transportation (port) departments of the cruise port to implement the cruise port operation and safety supervision and management responsibilities, and supervises and guides the transportation operators and port operators to implement the main responsibility for production safety.

The provincial foreign affairs department is responsible for the review of sea cruise route plans and the coordination of handling foreign-related cases (incidents) in pilot cruise ships.

The provincial emergency management department is responsible for supervising and guiding the comprehensive safety emergency management of sea cruise route operations.

The provincial tourism department is responsible for the cultivation, publicity and tourism market supervision of the sea cruise consumer market.

The provincial public security department is responsible for the public security control of pilot cruise ships and foreign-related cases (incidents) of pilot cruise ships, and guides and supervises the pilot cruise ships and port operators to formulate boarding safety management and safety inspection measures.

The provincial commerce (port) management department is responsible for the comprehensive coordination of port work, optimization of customs clearance services, and port operation guarantee work.

The Haikou Entry-Exit Border Inspection General Station is responsible for the supervision of pilot cruise ships in ports, handling ship docking permits and personnel boarding permits, and implementing inspection and management of personnel entering and leaving port restricted areas, boarding and disembarking cruise ships, and their luggage and other items.
Haikou Customs is responsible for the quarantine and supervision of pilot cruise ships and their personnel, luggage, and ship supplies when they enter and leave the country.

The Hainan Maritime Safety Administration is responsible for the supervision and management of pilot cruise ports on sea cruise routes in accordance with relevant international conventions and relevant laws and regulations of my country.

The Provincial Maritime Search and Rescue Center is responsible for the search and rescue of people in distress on sea cruise routes.

Article 6 The People's Governments of Haikou and Sanya shall be responsible for the construction of the emergency response system for cruise ships and the emergency response to related emergencies in accordance with the unified deployment of the Provincial People's Government.
Article 7 Before the five-star red flag cruise ship is put into operation, Chinese-funded flag of convenience cruise transport operators who apply to carry out pilot sea cruise route business shall meet the following conditions:

(i) Have corporate legal person status, and the proportion of Chinese capital (mainland capital) investment is not less than 51%;

(ii) The flag of convenience cruise ship (owned or bareboat chartered) invested in the pilot sea cruise route business is seaworthy, the age of the ship is not more than 30 years, and it meets the requirements of the national and Hainan Provincial Ship Air Pollutant Emission Control Area;

(iii) The terminal to be docked is in line with the overall port planning, the facilities meet the relevant technical standards for passenger transportation, and the completion acceptance procedures are carried out in accordance with regulations, and the port operation license is obtained. Article 8 Applicants applying to operate sea cruise routes shall submit the following materials to the provincial transportation authority and shall be responsible for the authenticity, validity and legality of the materials:

(i) Application for sea cruise route business;

(ii) Notarized and authenticated business registration documents of the applicant;

(iii) Certificate of Nationality, Classification Certificate, Ship Safety Management Certificate, International Ship Security Certificate, Passenger Ship Safety Certificate and Annex P of the flag of convenience cruise ship that the applicant intends to carry out pilot cruise sea cruise route business;

(iv) Certificate of Compliance of the applicant. If the applicant entrusts a ship management company to manage the ship, the applicant shall provide the Certificate of Compliance and the safety entrusted management agreement of the ship management company in accordance with the laws and regulations;

(v) If the ship deployed on the route is a bareboat charter ship, the bareboat charter contract shall be provided;

(vi) Passenger personal injury liability insurance contract with an insured amount not less than the limit of liability stipulated in the Maritime Code of the People's Republic of China;

(vii) Cruise ticket template;

(viii) Port Operation Permit and Port Facility Security Compliance Certificate of the port to be docked. If the above-mentioned relevant materials submitted by the applicant are in a foreign language, the applicant shall provide a Chinese translation at the same time and be responsible for the content of the translation.

The provincial transportation authority shall make a decision to permit or not permit the cruise enterprise (operating entity) and cruise ship that conducts Chinese-funded convenience flag cruise sea tour business within 5 working days from the date of acceptance. If it is decided to permit, the administrative licensing decision shall be issued, and the provincial foreign affairs, tourism, public security, commerce (port), border inspection, customs, maritime affairs and other competent departments shall be notified and filed with the Ministry of Transport. If it is decided not to permit, the applicant shall be notified in writing and the reasons shall be informed.

The administrative license is valid until the five-star red flag cruise ship is put into sea tour operation. Chinese-funded cruise transport operators (hereinafter referred to as transport operators) who have obtained administrative licensing decisions shall ensure that the relevant certificates and certificates listed in this article continue to be legal and valid during the period of conducting sea tour route business.

Article 9 If a transport operator applies for an operating route plan or changes the operating route plan, it shall submit an application and materials such as the operating route plan to the provincial transportation authority 2 months in advance. The operating route plan specifically includes the route and navigation waters, time and voyage arrangements, etc.
The provincial transportation department shall, together with the provincial foreign affairs department, make preliminary review opinions within 5 working days after receiving the application materials, and after soliciting opinions from relevant parties, submit the application for approval in accordance with relevant regulations. If approved, the provincial transportation department shall notify the transport operator and inform the provincial foreign affairs, tourism, public security, commerce (port), border inspection, customs, maritime and other competent departments of the review results. If the review does not meet the requirements, the provincial transportation department shall be responsible for notifying the transport operator and informing the reasons. The time for soliciting opinions from relevant departments and relevant parties shall not be included in the processing period.

Article 10 If a transport operator suspends a route, it shall announce it 15 days in advance and shall file it with the provincial transportation department within 15 days from the date of the occurrence of the behavior. If the sea cruise route business is terminated, it shall be filed with the provincial transportation department and the license documents shall be returned within 15 days from the date of termination of operation. Except for the termination or suspension of routes due to force majeure, the transport operator shall properly handle the relevant transportation business and protect the legitimate rights and interests of passengers.

Article 11 Cruise transport companies and cruise ships shall not carry out sea cruise route business without approval. Approved transport operators shall not rent, lend, resell or illegally transfer sea cruise business licenses in other ways.

Article 12 The pilot sea cruise route shall be carried out in accordance with the requirements of the "Notice on the Promotion and Implementation of the Cruise Ticket Management System by the Ministry of Transport, the Ministry of Public Security, the Ministry of Culture and Tourism, the General Administration of Customs and the Immigration Bureau" (Jiaoshuigui [2019] No. 11), and the cruise ticket system shall be implemented.

Article 13 Transport operators shall stop selling tickets to the outside world 2 hours before the cruise sails, and report passenger and crew information through the international trade "single window" in a timely, accurate and complete manner in the prescribed format.

Cruises shall report entry and exit ports in accordance with regulations.

Article 14 Passengers shall apply for boarding permits with valid identity documents and the ticket information certificate of the cruise for this voyage. If they meet the conditions, the entry and exit border inspection authorities shall issue boarding permits to provide passengers with fast and convenient services.
Valid identification documents for passengers are as follows:

(i) Mainland Chinese residents hold valid identity cards or entry-exit documents;

(ii) Hong Kong, Macao and Taiwan residents hold valid Mainland Travel Permits for Hong Kong and Macao residents or Mainland Travel Permits for Taiwan residents, or Hong Kong, Macao and Taiwan Resident Permits;

(iii) Foreign nationals hold valid entry-exit documents.

Article 15 Transport operators or their designated travel agencies (agents) shall submit information on boarding personnel and ticket sales certificates to the entry-exit border inspection authorities at the port of departure 24 hours before sailing to apply for boarding permits. For tickets sold more than 2 hours and less than 24 hours before sailing, passengers shall apply for boarding permits at the verification site with their ID and paper tickets.
Article 16 Transport operators and port operators shall implement the main responsibility for production safety in accordance with the relevant laws and regulations such as the "Work Safety Law of the People's Republic of China", the national mandatory standards related to safety and the relevant regulations of the transportation department of the State Council, strengthen production safety management, establish and improve the production safety responsibility system, fire safety responsibility system, safety risk classification control and hidden danger investigation and treatment and other rules and regulations, improve production safety conditions, take effective measures to ensure production safety, promote the construction of production safety standardization, and ensure production safety.

Article 17 Transport operators and port operators shall formulate emergency response plans for natural disasters, accidents, public health incidents, social security incidents and other emergencies in accordance with the law, and equip necessary emergency materials, emergency rescue forces and related facilities and equipment to ensure organization and implementation.

Article 18 Cruise passengers should take good care of their own safety and cooperate with the cruise ship to carry out emergency evacuation assembly drills after boarding.

Article 19 Transport operators and port operators shall conduct security checks on boarding passengers and their luggage and items carried or checked. If it is found that passengers are carrying or checking dangerous goods and other items prohibited by the state, or refuse to accept security checks, they shall be refused transportation.
Article 20 Transport operators shall verify the identity of passengers boarding the ship. If they find that the passengers do not hold a valid boarding permit or refuse to accept the verification, they shall refuse to transport them and report to the entry-exit border inspection authorities in a timely manner. The entry-exit border inspection authorities shall conduct random inspections to supervise passengers boarding and leaving the ship.

Article 21 Transport operators and travel agencies shall strengthen industry self-discipline and operate in good faith in accordance with the law. Vicious competition, forced consumption and price monopoly are strictly prohibited. No illegal activities involving pornography, gambling and drugs shall be organized in any form.

Article 22 Haikou Customs shall urge transport operators to fulfill their main responsibilities for food safety of inbound and outbound cruise ships, establish and improve food safety management systems, and ensure food safety at border ports.

Article 23 The provincial emergency management department shall, in conjunction with the Haikou and Sanya municipal governments and the transportation, foreign affairs, tourism, market supervision, ports, maritime affairs, border inspection and other departments, establish a cruise emergency response system (including preventive measures, disposal plans and cooperation mechanisms before, during and after the event) according to the division of responsibilities, and strengthen the safety emergency management of cruise sea tour routes.
Article 24 The provincial commerce (port) management department shall expand the application of the cruise function of the "single window" for international trade, meet the customs clearance supervision needs of ports, and improve the efficiency of customs clearance.

Article 25 The provincial tourism department shall determine the overall image and promotion theme of sea cruise route products, guide and support transport operators to develop the source market of sea cruise route products.

Article 26 The provincial transportation department shall establish and improve the credit management system, strengthen the management of the pilot transportation market of sea cruise routes, and specific measures shall be formulated separately.

Article 27 The Hainan Maritime Safety Administration shall formulate and implement special supervision measures such as port state supervision, and strengthen the safety supervision of pilot cruise ships in accordance with the law.

Article 28 When a cruise ship is in distress at sea and needs shore-based support to carry out rescue operations, it shall immediately report to the provincial maritime search and rescue center and accept the unified organization and command of the provincial maritime search and rescue center. The transport operator shall fully cooperate.

The provincial maritime search and rescue center shall continue to improve the large-scale life rescue operation plan for cruise ships, promote the construction of search and rescue facilities and equipment, and enhance rescue capabilities.

Article 29 The provincial transportation department shall establish a "fuse" mechanism in conjunction with the provincial health and emergency management departments. Once a pilot cruise ship has a clustered epidemic, a major or serious production safety accident, etc., the pilot cruise transport operator shall be ordered to stop operation and implement rectification immediately in accordance with relevant laws and regulations, and the operation of the pilot cruise transport operator and the cruise ship's sea cruise route for a certain period of time shall be suspended. Pilot cruise transport companies and other related companies shall provide passenger comfort, guidance, free refund and change services.
Article 30 The People's Governments of Haikou and Sanya shall implement local management responsibilities, strengthen leadership in safety and epidemic prevention and control, and establish emergency response plans.
Article 31 All relevant departments shall strengthen supervision and inspection of sea cruise route pilots in accordance with their duties. Establish and improve a regular full-coverage supervision system, inspect relevant business entities and cruise ships, and inspect the implementation of safety production responsibility system and other safety production in accordance with relevant central regulations and the "Safety Production Law of the People's Republic of China" and other regulations; establish a supervision and reporting mechanism for illegal business operations and accept social supervision. The inspected units and individuals and relevant personnel shall cooperate with supervision and inspection.
All relevant departments shall order the immediate elimination of accident hazards found during the inspection; if the safety of the cruise ship cannot be guaranteed before or during the elimination of major accident hazards, it shall be ordered to stop operating and shall not be allowed to sail; after the major accident hazards are eliminated, it may sail only after review and approval.

All relevant departments shall punish the illegal and irregular acts found during the inspection within the scope of their duties in accordance with relevant laws and regulations.

Article 32 If a transport operator no longer meets the licensing conditions stipulated in these Measures after obtaining a license, the provincial transportation authority shall revoke its operating license.

Article 33 The Provincial Department of Transportation shall be responsible for interpreting these Measures together with relevant departments.

Article 34 Matters not covered by these Measures shall be implemented in accordance with relevant national laws and regulations.

Article 35 These Measures shall come into force on August 1, 2021 and shall be valid until December 31, 2024.