Policies Regulations

The Provincial Government Office issued the "Notice on Issuing the Measures for Dynamic Supervision of Vessels Navigating within the Hainan Free Trade Port (Trial)"

Release Date:10/19/2023

Article 1 These Measures are formulated to strengthen the dynamic supervision of ships sailing in the Hainan Free Trade Port and prevent the risk of smuggling by using ships.

Article 2 These Measures apply to the supervision of dynamic activities such as navigation, berthing and operation of ships in the Hainan Free Trade Port.

The departure place, transit place and destination of the ships mentioned in the preceding paragraph are all in the Hainan Free Trade Port.

Article 3 The dynamic supervision of ships sailing in the Hainan Free Trade Port follows the principles of legal efficiency, convenience for ships, division of labor and cooperation.

Article 4 The leading body for comprehensive anti-smuggling management, public security organs, transportation, agriculture and rural areas, tourism and culture, radio, television and sports, customs, maritime affairs, maritime police agencies and other competent departments shall be responsible for the dynamic supervision of ships sailing in the Hainan Free Trade Port according to their duties.

The leading body for comprehensive anti-smuggling management shall be responsible for the comprehensive anti-smuggling management of ships sailing in the Hainan Free Trade Port according to its authority, and establish a joint law enforcement and information reporting system.

The public security organs shall be responsible for the public security management of ships sailing in the Hainan Free Trade Port and the anti-smuggling work of ships sailing in the islands without customs areas according to their duties.

Customs is responsible for routine supervision of ports and other customs supervision areas according to its duties, and investigates and cracks down on ship smuggling activities in accordance with the law.

The maritime police agency is responsible for investigating and punishing maritime crimes committed by ships sailing in the Hainan Free Trade Port Island within its scope of responsibility.

The comprehensive law enforcement point is responsible for real-time monitoring and handling of cargo and articles loaded and unloaded by ships sailing in the Hainan Free Trade Port Island, which is not a customs area, according to its duties.

The competent departments such as transportation, agriculture and rural areas, tourism, culture, radio, television, sports, and maritime affairs are responsible for dynamic supervision of ships sailing in the Hainan Free Trade Port Island entering and leaving from docks, fishing ports and recognized ship berthing areas (points) according to their duties.

The people's governments of coastal cities, counties, and autonomous counties are responsible for planning and identifying ship berthing areas (points) outside the port area; the people's governments of coastal towns are responsible for establishing a grassroots anti-smuggling patrol system, conducting daily patrols of berthing areas (points), bays, and Aokou within their jurisdiction, and doing a good job in dynamic management of ships sailing in the Hainan Free Trade Port Island within their jurisdiction.

Article 5 Each ship is only allowed to use one ship name, and the ship name and port of registry shall be marked in a prominent position on the ship in accordance with regulations, and a ship name sign or light box shall be hung.

The ship name sign and light box must be firmly installed, kept clear and complete, and must not be blocked by other objects.

Article 6 Ships sailing in the Hainan Free Trade Port Island shall report ship dynamic information to the public security organs, agriculture and rural affairs, maritime affairs and other competent departments in accordance with regulations. The dynamic information includes but is not limited to the following:

(i) Origin, transit point, destination;

(ii) Intended berthing, operation location and operation content;

(iii) Intended time of entry and exit of ports, berthing areas (points);

(iv) Information on personnel on board: name, position, certificate of competency number of crew members, ID number of those without certificate of competency; name and ID number of other personnel (non-crew members);

(v) Passenger and cargo transportation information: number of passengers, type and quantity of cargo, etc.

If laws, regulations, rules, etc. have special provisions on the reporting (filing) of ship dynamic information, special provisions shall apply.

Article 7 After leaving the departure place, if the ship sailing in Hainan Free Trade Port changes its sailing plan during the journey, it shall promptly re-report to the competent department for reporting the original ship dynamic information.

Before the ship carries out the loading and unloading operations at sea, it shall report the operation plan to the competent department for reporting the original ship dynamic information.

Article 8 Ferry boats shall ferry according to the approved sailing routes. If temporary changes are required, they shall be approved by the municipal, county or autonomous county people's government where the ferry port is located, and the ship operator or manager shall report to the maritime administration before sailing.

Tourist passenger ships shall engage in water passenger transportation in accordance with the business scope marked in the "Ship Business Transport Certificate". If changes are required, they shall be approved by the water transport management department with licensing authority and reported to the maritime administration before sailing.

Article 9 International ships sailing between the open ports of Hainan Free Trade Port shall apply to the maritime administration for port entry and exit permits in accordance with the law, and accept supervision and inspection by the maritime administration and other port inspection agencies.

Article 10. Hainan Free Trade Port island-navigating transport ships sailing between "second-line ports" and from "second-line ports" to ports and terminals without customs shall comply with the "second-line ports" regulations on embarking and disembarking personnel and loading and unloading goods.

Hainan Free Trade Port island-navigating transport ships sailing between ports and terminals without customs and from ports and terminals without customs to "second-line ports" shall comply with the comprehensive law enforcement points' regulations on real-time monitoring and handling of cargo and articles on board and off board.

The aforementioned ships shall report ship dynamic information in accordance with the provisions of Article 6 of these Measures.

Article 11. Public security organs, agriculture and rural areas, tourism and culture, radio, television, sports, maritime affairs and other competent departments shall include the dynamic (recorded) information of ships sailing on the island into the sharing scope according to their duties, and realize information sharing based on the provincial government information sharing and exchange platform.

Article 12. Public security organs, transportation, agriculture and rural areas, tourism and culture, radio, television, sports, customs, maritime affairs, maritime police agencies and other competent departments shall strengthen the abnormal dynamic monitoring of ships sailing on the island of Hainan Free Trade Port through information technology or maritime patrols in accordance with the division of responsibilities.

Abnormal dynamics of ships sailing in Hainan Free Trade Port include:

(i) Failure to report dynamic information in accordance with regulations;

(ii) Failure to report dynamic information truthfully, and there are false reports, concealment, and omissions;

(iii) Failure to report ships in accordance with regulations and operate by loading and unloading cargo;

(iv) Failure to re-report in time after changing the navigation plan;

(v) Failure to anchor or load and unload cargo at the specified location;

(vi) Unauthorized shutdown of ship positioning and identification devices;

(vii) "Zero tariff" imported yachts violate regulations and leave the waters under the jurisdiction of Hainan Province to sail;

(viii) Other situations that the competent authorities consider to be abnormal.

Article 13 If the competent authorities find that the dynamics of ships sailing in Hainan Free Trade Port are abnormal, they shall clarify the illegal facts according to their duties and deal with them according to relevant laws, regulations and rules. If it is found that a ship is suspected of violating other laws, regulations and rules, it shall be notified or transferred to the relevant competent authorities for handling in a timely manner.

Article 14 The leading body for comprehensive anti-smuggling governance shall rely on Hainan's social management information platform to strengthen law enforcement linkage and realize closed-loop management of abnormal ship dynamics warning, verification, disposal and feedback.

Article 15 Each competent department shall establish a case transfer mechanism. If it falls under the jurisdiction of this department, it shall be received in a timely manner, and the illegal facts shall be clarified according to its duties and handled in accordance with the law.

Article 16 Port operators or managers shall strengthen the management of docks and berthing areas (points) and cooperate with various competent departments to do a good job in the dynamic supervision of ships sailing in Hainan Free Trade Port Island.

Units and individuals are encouraged to participate in the supervision of the dynamics of ships sailing in Hainan Free Trade Port Island. After receiving a report, each competent department shall immediately investigate and verify the content of the report and feedback the handling results to the reporter. For reports beyond the jurisdiction, the relevant competent departments shall be notified in a timely manner.

Article 17 Ships sailing in Hainan Free Trade Port Island shall be equipped with ship positioning and identification devices in accordance with regulations. The above devices shall be kept in normal use during navigation, berthing and operation, and shall not be closed or disassembled without authorization.

Article 18 Encourage and support the application of advanced science and technology in preventing the use of ships for smuggling, promote the construction of intelligent supervision, and the provincial big data management agency provides technical support to promote the construction of dynamic supervision information sharing of ships sailing on the island.

Article 19 All competent departments shall conduct key inspections on ships sailing on the island of Hainan Free Trade Port that have illegal and irregular behaviors and bad credit records in accordance with the law. If any illegal and irregular behaviors are found, the investigation and handling results of the illegal and irregular behaviors shall be disclosed in a timely manner.

Article 20 If a ship sailing on the island of Hainan Free Trade Port violates the relevant provisions of these Measures, the relevant competent departments shall investigate and handle it in accordance with relevant laws, regulations and rules.

Article 21 The specific application issues of these Measures shall be interpreted by the Hainan Maritime Safety Administration together with relevant departments.

Article 22 These Measures shall come into force on November 18, 2023.