Notice of the General Office of the Provincial Government on Issuing the Measures for the Administration of Multi-point Calling Business of Foreign Cruise Ships in Hainan Free Trade Port

Article 1 These Measures are formulated in accordance with the Maritime Law of the People's Republic of China, the Regulations of the People's Republic of China on International Shipping, 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 Announcement of the Ministry of Transport on the Licensed Multi-point Calling Business of Foreign Cruise Ships in China in order to regulate the order of the cruise market in Hainan Free Trade Port and promote the safe and healthy development of the cruise economy in Hainan Free Trade Port.

Article 2 These Measures apply to the multi-point calling business of foreign cruise ships only involving Hainan Free Trade Port ports and related supervision and management work.

Article 3 The multi-point calling business of foreign cruise ships only involving Hainan Free Trade Port ports (hereinafter referred to as the multi-point calling business of Hainan Free Trade Port) referred to in these Measures refers to the transportation arrangement of foreign cruise ships that continuously call at more than two coastal ports of Hainan Free Trade Port in the route operation and finally complete the entire voyage.

Article 4 The People's Government of Hainan Province shall be responsible for the organization and leadership of the multi-point call business of Hainan Free Trade Port, strengthen the leadership and management of the work progress and safety supervision responsibilities of relevant departments and the people's governments of the ports, and implement local responsibilities.

The provincial transportation department shall be responsible for the route license of the multi-point call business of Hainan Free Trade Port, and shall be responsible for organizing and implementing market supervision and safety supervision; urge cruise transport operators to implement the main responsibility for production safety; guide the transportation (port) authorities of the cruise port to implement the cruise port operation and safety supervision and management responsibilities.

The provincial tourism department shall be responsible for the supervision and management of travel agencies' cruise tourism operations.

Haikou Customs shall implement quarantine and supervision of foreign cruise ships and their personnel, luggage, and materials for ships in accordance with regulations, and shall be responsible for guiding and coordinating cruise transport operators to do a good job in on-site handling of public health emergencies on cruise ships.

The Haikou Entry-Exit Border Inspection General Station shall be responsible for handling border inspection procedures for foreign cruise ships and crew members, supervising cruise ships in port, and inspecting and managing the restricted areas of entry and exit ports, and the personnel and luggage they carry when boarding and disembarking cruise ships.

The Hainan Maritime Safety Administration is responsible for the supervision and management of the safety of foreign cruise ships and their pollution prevention and control.

The people's government of the port location shall strengthen the management of foreign cruise ships, implement local responsibilities, formulate emergency response plans, be responsible for emergency response work, as well as the handling of public health incidents such as epidemic prevention and control and food safety during the continuous voyage of foreign cruise ships in Hainan, and strengthen the construction of port infrastructure.

Article 5 To apply for the operation of Hainan Free Trade Port multi-point call business, the relevant operator shall submit the following materials or information to the provincial transportation authority through the waterway transportation construction comprehensive management information system, and shall be responsible for the authenticity and legality of the materials and information:

(I) Application form, the main contents of which include the proposed route and navigation waters, call ports, time and schedule, and passenger boarding and disembarking plans;

(II) The operator's unified social credit code information (foreign operators should submit notarized commercial registration documents);

(III) Ship operation materials, mainly including copies of the ship's nationality certificate, classification certificate, safety management certificate, passenger ship safety certificate, and international ship security certificate. If the ship deployed on the route is a leased ship, a copy of the ship lease agreement must be provided;

(IV) Proof of passenger personal injury liability insurance, where the insurance limit for each passenger shall not be less than 46,666 special drawing rights as stipulated in Article 117 of the Maritime Code of the People's Republic of China;

(V) A copy of the port and berthing agreement reached with the port operator of the port to be called at the Hainan Free Trade Port;

(VI) Letter of entrustment and declaration letter of the international ship agency (provided by overseas operators when applying);

(VII) A copy of the instructions for the designated contact organization, a copy of the letter of entrustment or a copy of the unified social credit code information of the contact organization (provided by overseas operators when applying);

(VIII) Other documents required by the provincial transportation authority.

If a cruise transport operator conducts multi-point calling business in the Hainan Free Trade Port and there is a change in the ship, port or flight schedule, it shall submit relevant application materials to the provincial transportation authority.

If the above-mentioned relevant materials submitted by the applicant are in a foreign language, the applicant shall also provide a Chinese translation and be responsible for the content of the translation.

If the application materials are incomplete or do not conform to the legal form, the provincial transportation authority shall inform the applicant once within 3 working days from the date of receipt of the application materials. After receiving the application materials, the provincial transportation authority shall complete the review within 10 working days from the date when the application materials are complete. If it decides to approve, it shall issue an approval document; if it decides not to approve, it shall notify the applicant in writing and inform the reasons.

Article 6 Cruise transport operators who have obtained approval documents shall ensure that the relevant certificates and certificates listed in Article 5 of these Measures remain legal and valid during the operation of the approved voyage.

Article 7 If a cruise transport operator terminates the Hainan Free Trade Port multi-point call business or the designated liaison agency changes, it shall file a record with the provincial transportation authority within 15 days from the date of termination or change.

Article 8 Cruise transport operators who carry out Hainan Free Trade Port multi-point call business shall obtain permission from the provincial transportation authority in accordance with the law and operate in accordance with the law within the scope of the approved license. Cruise transport operators who have been approved to carry out Hainan Free Trade Port multi-point call business shall not allow passengers carried when calling at Hainan Free Trade Port ports to leave the ship and not return.

Article 9. All relevant port operators shall not provide berthing and embarkation and disembarkation services for cruise operators who have not been approved to carry out multi-point docking business in Hainan Free Trade Port.

Article 10. Cruise operators and port operators shall implement the main responsibility for production safety, strengthen production safety management, establish and improve the production safety responsibility system and other rules and regulations in accordance with relevant laws and regulations and relevant provisions of the Ministry of Transport, improve production safety conditions and ensure production safety.

Article 11. Cruise operators and port operators shall establish and improve the safety and security system of their units and comply with the relevant requirements of the port facility security rules.

Article 12. Cruise operators and port operators shall formulate emergency plans for natural disasters, accidents and disasters, mass public health of passengers, major epidemics, social security 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 13. Cruise operators shall comply with the requirements of relevant laws and regulations on ship pollution prevention and control and perform their obligations on ship pollution prevention and control.

Article 14. The provincial tourism administrative department shall guide and supervise travel agencies to operate in good faith in accordance with the law and effectively ensure the safety of passengers.

Article 15 The Haikou Exit and Entry Border Inspection Station shall continuously optimize the intelligent construction of port inspections and simplify the inspection procedures for passengers boarding and disembarking cruise ships on the basis of ensuring effective supervision.

Article 16 The maritime, customs, border inspection and other departments shall establish a joint boarding inspection mechanism for foreign cruise ships to facilitate the entry and exit of cruise ships and improve customs clearance efficiency.

Article 17 The provincial transportation department shall establish a contact mechanism with the maritime, customs and other departments to timely share relevant information such as cruise ship operators' route permits and port calls.

Article 18 The provincial transportation department shall establish a credit file for cruise ship operators to record the credit information of cruise ship operators and practitioners who carry out multi-point call business in Hainan Free Trade Port. Violations of the "Regulations of the People's Republic of China on International Maritime Transport" and relevant provisions of these Measures shall be recorded in the credit file and publicized in accordance with the provisions of relevant laws and administrative regulations. For serious breaches of trust, joint punishment measures shall be taken against serious breaches of trust in accordance with laws and regulations in conjunction with other departments and social organizations.

Article 19 The provincial transportation department shall establish a social supervision mechanism for illegal business operations with the transportation departments of relevant municipal and county people's governments, and publish complaint and reporting telephone numbers and email addresses to the public, handle complaint and reporting information in a timely manner, and realize real-time information sharing and dynamic management.

Article 20 If a foreign cruise ship violates the provisions of these Measures and carries out multi-point docking business involving only Hainan Free Trade Port ports without approval, the provincial transportation department shall order it to stop illegal business operations and impose penalties in accordance with relevant regulations.

Article 21 The specific issues in the implementation of these Measures shall be interpreted by the Hainan Provincial Transportation Department together with relevant departments.

Article 22 These Measures shall come into force on October 15, 2021 and shall be valid until December 31, 2024.