Article 25
If a party to a civil dispute who has applied to the harbour superintendency administration for mediation wants to withdraw from it, the party shall send a written application to the harbour superintendency administration for mediation cancellation and notify the other party to the dispute at the same time.
Article 26
If the harbour superintendency administration fails to make the parties reach an agreement of mediation within 3 months as of the date of receipt of the application for mediation, the mediation may be announced as failing.
Article 27
If the parties do not want mediation or the mediation has failed, they may bring a suit in a maritime court or apply to a maritime arbitration organ for arbitration.
Article 28
Anyone who has applied to the harbour superintendency administration for mediation shall pay mediation fees. Standards for mediation charges shall be worked out by the Ministry of Communications in conjunction with the State Administration for Commodity Prices and the Ministry of Finance. If an agreement is reached through mediation, the mediation charge shall be shared according to the seriousness of the parties' faults or the agreed proportions. If mediation has failed, the expenses shall be shared out equally among the parties.
Chapter VI Penalties
Article 29
The harbour superintendency administration may, depending on the circumstances, warn or impose a fine of not more than 200 yuan on the persons concerned (natural person), or impose a warning or a fine of not more than 5,000 yuan on the owners or managers of the vessels, if they violate these Regulations in one of the following manners:
(1) failing to report the accident to the harbour superintendency administration or submit the Report Concerning Maritime Traffic Accident or duplicate copies of the documents of court verdict, arbitration award or mediation document as stipulated in Article 32 of these Regulations within the time limit;
(2) failing to sail to the spot designated by the harbour superintendency administration or leaving the designated spot without the permission of the harbour superintendency administration when nothing is endangering the vessel(s);
(3) affecting the progress of the investigations or causing losses to the departments concerned because the content of the accident report or the Report Concerning Maritime Traffic Accident does not meet the stipulated requirements or it is not truthful;
(4) affecting the investigation of the accident by violating the provisions of Article 9;
(5) refusing to be investigated or unjustifiably obstructing and interfering with the investigation by the harbour superintendency administration;
(6) intentionally concealing facts or providing false testimonial during investigation. With respect to persons whose acts have constituted a crime as specified in paragraphs (5) and (6) of this Article, the judicial organs shall investigate their criminal responsibility according to law.
Article 30
Administrative sanctions shall be given by administrative supervision organs or relevant units to those persons working in harbour superintendency administrations who violate the provisions of these
Regulation, neglect their duties, abuse their powers, engage in malpractices for selfish ends and ask for and accept bribes. If their acts constitute crimes, their criminal responsibilities shall be investigated by judicial organs according to law.
Article 31
If the parties concerned do not agree with the penalties imposed on them by the harbour superintendency administration according to the provisions of these Regulations, they may bring a suit in a people's court according to law.
Chapter VII Special Provisions
Article 32
If maritime traffic accidents happen to vessels of Chinese nationality outside the coastal waters of the People's Republic of China, their owners or managers shall report to the harbour superintendency administration where the vessels have registered and shall submit the Report Concerning Maritime Traffic Accident within 60 days after the accidents happened. If lawsuits, arbitrations or mediations concerning the accidents take place abroad, the owners or managers shall submit copies or photocopies of the court verdicts, awards or mediation documents to the harbour superintendency of the harbour where the vessels have registered for the record within 60 days after the termination of the lawsuits, arbitration or mediation.
Article 33
If crew members of Chinese nationality holding job qualification certificates of the People's Republic of China are held responsible for maritime traffic accidents while they are working on board foreign vessels, their respective units in China shall submit the Report Concerning Maritime Traffic Accidents to the harbour superintendency administration issuing the job qualification certificates within 60 days
after the accidents happened.The maritime traffic accidents mentioned in the first paragraph of this
Article and in Article 32 shall be investigated and dealt with in accordance with the relevant provisions of these Regulations. Chapter VIII Supplementary Provisions
Article 34
With respect to those operations which have violated the regulations concerning maritime traffic safety and have constituted latent threats of potential major accidents, although direct traffic accidents have not been caused, the harbour superintendency administration may carry out investigation and mete out penalties according to the provisions of these Regulations.
Article 35
The maritime traffic accidents which have caused marine environmental pollution shall be dealt with in accordance with the relevant laws and regulations of China concerning marine environmental protection.
Article 36
These Regulations shall be interpreted by the Ministry of Communications.
Article 37
These Regulations shall go into effect as of the date of promulgation.
If a party to a civil dispute who has applied to the harbour superintendency administration for mediation wants to withdraw from it, the party shall send a written application to the harbour superintendency administration for mediation cancellation and notify the other party to the dispute at the same time.
Article 26
If the harbour superintendency administration fails to make the parties reach an agreement of mediation within 3 months as of the date of receipt of the application for mediation, the mediation may be announced as failing.
Article 27
If the parties do not want mediation or the mediation has failed, they may bring a suit in a maritime court or apply to a maritime arbitration organ for arbitration.
Article 28
Anyone who has applied to the harbour superintendency administration for mediation shall pay mediation fees. Standards for mediation charges shall be worked out by the Ministry of Communications in conjunction with the State Administration for Commodity Prices and the Ministry of Finance. If an agreement is reached through mediation, the mediation charge shall be shared according to the seriousness of the parties' faults or the agreed proportions. If mediation has failed, the expenses shall be shared out equally among the parties.
Chapter VI Penalties
Article 29
The harbour superintendency administration may, depending on the circumstances, warn or impose a fine of not more than 200 yuan on the persons concerned (natural person), or impose a warning or a fine of not more than 5,000 yuan on the owners or managers of the vessels, if they violate these Regulations in one of the following manners:
(1) failing to report the accident to the harbour superintendency administration or submit the Report Concerning Maritime Traffic Accident or duplicate copies of the documents of court verdict, arbitration award or mediation document as stipulated in Article 32 of these Regulations within the time limit;
(2) failing to sail to the spot designated by the harbour superintendency administration or leaving the designated spot without the permission of the harbour superintendency administration when nothing is endangering the vessel(s);
(3) affecting the progress of the investigations or causing losses to the departments concerned because the content of the accident report or the Report Concerning Maritime Traffic Accident does not meet the stipulated requirements or it is not truthful;
(4) affecting the investigation of the accident by violating the provisions of Article 9;
(5) refusing to be investigated or unjustifiably obstructing and interfering with the investigation by the harbour superintendency administration;
(6) intentionally concealing facts or providing false testimonial during investigation. With respect to persons whose acts have constituted a crime as specified in paragraphs (5) and (6) of this Article, the judicial organs shall investigate their criminal responsibility according to law.
Article 30
Administrative sanctions shall be given by administrative supervision organs or relevant units to those persons working in harbour superintendency administrations who violate the provisions of these
Regulation, neglect their duties, abuse their powers, engage in malpractices for selfish ends and ask for and accept bribes. If their acts constitute crimes, their criminal responsibilities shall be investigated by judicial organs according to law.
Article 31
If the parties concerned do not agree with the penalties imposed on them by the harbour superintendency administration according to the provisions of these Regulations, they may bring a suit in a people's court according to law.
Chapter VII Special Provisions
Article 32
If maritime traffic accidents happen to vessels of Chinese nationality outside the coastal waters of the People's Republic of China, their owners or managers shall report to the harbour superintendency administration where the vessels have registered and shall submit the Report Concerning Maritime Traffic Accident within 60 days after the accidents happened. If lawsuits, arbitrations or mediations concerning the accidents take place abroad, the owners or managers shall submit copies or photocopies of the court verdicts, awards or mediation documents to the harbour superintendency of the harbour where the vessels have registered for the record within 60 days after the termination of the lawsuits, arbitration or mediation.
Article 33
If crew members of Chinese nationality holding job qualification certificates of the People's Republic of China are held responsible for maritime traffic accidents while they are working on board foreign vessels, their respective units in China shall submit the Report Concerning Maritime Traffic Accidents to the harbour superintendency administration issuing the job qualification certificates within 60 days
after the accidents happened.The maritime traffic accidents mentioned in the first paragraph of this
Article and in Article 32 shall be investigated and dealt with in accordance with the relevant provisions of these Regulations. Chapter VIII Supplementary Provisions
Article 34
With respect to those operations which have violated the regulations concerning maritime traffic safety and have constituted latent threats of potential major accidents, although direct traffic accidents have not been caused, the harbour superintendency administration may carry out investigation and mete out penalties according to the provisions of these Regulations.
Article 35
The maritime traffic accidents which have caused marine environmental pollution shall be dealt with in accordance with the relevant laws and regulations of China concerning marine environmental protection.
Article 36
These Regulations shall be interpreted by the Ministry of Communications.
Article 37
These Regulations shall go into effect as of the date of promulgation.
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