山东省沿海船舶边防治安管理条例(Regulations of Shandong Province coastal border ship security management).doc

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1、山东省沿海船舶边防治安管理条例(Regulations of Shandong Province coastal border ship security management)Shandong Provincial Peoples Congress Standing Committee (decree)20110114 (by time)20110501 (time)Shandong Provincial Peoples Congress Standing Committee Bulletin No. seventy-first (number)Regulations of Shandong

2、 Province coastal border ship security management(through January 14, 2011 eleventh Shandong Provincial Peoples Congress Standing Committee of the twenty-first meeting)Chapter I General ProvisionsThe second chapter sea border management documentsThe third chapter sea ship and personnel managementThe

3、 fourth chapter legal liabilityThe fifth chapter supplementary provisionsThe Regulations of Shandong Province coastal ship border security management has been amended in January 2011 14 by the Eleventh Shandong Provincial Peoples Congress Standing Committee of the twenty-first meeting, is hereby pro

4、mulgated and shall come into force as of May 1, 2011.January 14, 2011Chapter I General ProvisionsArticle 1 in order to strengthen the coastal marine border security management, the maintenance of coastal border security and order and safeguard the legitimate rights and interests of workers to the se

5、a, to promote economic and social development in coastal areas, according to the relevant laws and administrative regulations, combined with the actual situation of this province, the enactment of this ordinance.Second of the Ordinance applies to the province area, parking navigation and operation o

6、f all kinds of ships for border security management. Military vessels and ships as well as the laws and administrative regulations except for other ships.Third coastal ships border security management to active prevention and management according to law, relying on the masses, the principle of combi

7、ning education with punishment.Fourth provinces and coastal districts of the city and county (city, district) peoples government should strengthen the coastal marine border security management leadership, establish and improve the law enforcement coordination mechanism and security system, study and

8、 solve major problems in the work.Fifth public security organ is the competent department of the coastal border security management ship.Marine and fisheries, maritime, transportation, customs and other departments within the scope of their respective duties to coastal ship border security managemen

9、t.Sixth provinces and coastal districts of the city and county (city, district) peoples Government shall give financial support to the public security organs of maritime law enforcement, law enforcement duty guarantee to carry out the daily work, and gradually improve the maritime law enforcement sh

10、ip equipment level.The second chapter sea border management documentsSeventh sea ships and sea production personnel, should be in accordance with the relevant provisions of the state to the port of registry or the public security organs to apply for sea border documents.The public security organs is

11、sued sea border border certificates in accordance with the relevant provisions of the state, should simplify procedures and provide convenience for the claimant; to meet the requirements can be handled on the spot, should be handled on the spot.Eighth sea ships and sea production personnel shall car

12、ry onboard sea border and safekeeping of documents, shall not be altered, forged, fraudulent, loan; certificate is lost or damaged, it shall timely apply for.Ninth sea ship renewal or change of use, sale, transfer, lease, scrapped or lost, should be in the public security organs shall handle the rel

13、evant procedures in accordance with the law within fifteen days after issuing the certificate to apply for sea border change or cancellation procedures.The sea production personnel changes, should be in the sea before the operation to the public security border shall apply for the sea border documen

14、ts change procedures.Tenth the following persons apply for sea border documents, public security organs shall not apply:(a) under the age of sixteen;(two) are defendants in criminal cases or criminal suspects;(three) regulation, was sentenced to probation for fixed-term imprisonment, parole, medical

15、 parole;(four) for smuggling, illegally cross the national border (frontier) and other criminal acts to be treated;(five) the sea border certificate was revoked under the age of six months;(six) the other is engaged in production of the sea.The third chapter sea ship and personnel managementEleventh

16、 public security organs shall carry out activities of the management of public security border propaganda often, and the use of fishing vessels such as return to Hong Kong time, focus on relevant legal knowledge and education to personnel.Twelfth ships moored in the sea on site,According to the need

17、s of the establishment of ship security management organizations of the masses, with co management personnel, and carry out the service and management of the local public security organs under the guidance of the frontier.The thirteenth ship repairing enterprises or individual construction, renovati

18、on, dismantling sea ship, shall handle the relevant formalities according to law within five days after the report to the local public security organ for the record border.Not in accordance with the provisions of article fourteenth Bian brush name of vessel, ship number or name of ship, ship and shi

19、p, vague demolition of unauthorized change, covering, altered or forged vessel, ship number, no sea.Fifteenth to ship out of port, wharf or other anchor point, except for vessel visa procedures in accordance with the law, it shall provide to the public security organs to apply for border border impo

20、rt and port inspection procedures.Sixteenth without the approval of relevant departments, the sea ship and personnel shall not enter prohibited or restricted by the state into the sea, islands and temporary warning area, are not allowed to take on foreign nationality or Hongkong, the Macao Special A

21、dministrative Region and the Taiwan region of the ship.If the emergency or force majeure circumstances specified in the preceding paragraph shall, should leave immediately after eliminating the reasons, and within twenty-four hours of public security organs.Seventeenth in the sea picked up to the sh

22、ip, fishing and breeding materials and other items, shall be promptly returned to the right person; cannot be returned, or turned over to the public security organs in border areas report. Public security organs shall timely check the power is returned to the right person; not to check out the owner

23、ship, shall be auctioned or sold, the proceeds turned over to the state treasury.Eighteenth accident, fishery disputes or other disputes, the parties should be resolved through consultation or report to the relevant departments in accordance with the law, any party shall not detain other personnel,

24、ship or other property.Nineteenth sea vessels and personnel shall have the following acts:(a) carrying drugs, illegal propaganda and other contraband;(two) the illegal possession of firearms and ammunition, control apparatus and explosive, poisonous and radioactive controlled items;(three) operation

25、 of the illegal use of explosion and toxic hazard to public safety mode;(four) the damage of submarine cables and pipelines and offshore beacons, buoys and other public facilities;(five) illegal entry or organization illegally entering his country area;(six) the illegal mining of sand or illegal fis

26、hing underwater cultural relics, sunken;(seven) illegal interception, forced by the board, or steal open ship collision;(eight) damage, theft of others breeding facilities and products;(nine) takeover, sell, exchange, ask for catches or other items;(ten) other criminal acts.Twentieth public security

27、 organs shall with transportation, marine and fisheries, maritime, customs, foreign affairs and other departments to establish information sharing, law enforcement linkage mechanism, the fight against illegal and criminal activities according to law, timely disposal of emergencies at sea, and jointl

28、y safeguard the coastal border security order.Public security organs found sea ship or personnel in violation of fishery management and marine traffic management, maritime management, customs supervision and other acts, should be first to stop and notice or transferred to the relevant departments in

29、 accordance with the law.The fourth chapter legal liabilityArticle twenty-first violation of this Ordinance, any of the following circumstances, the public security authorities fined a warning or two hundred yuan one thousand yuan:(a) sea, sea ship production personnel did not carry out the document

30、s in accordance with the provisions of the;(two) to the production personnel change is not in accordance with the provisions of the public security organs to apply for change procedures;(three) to ship out of port, wharf or other parking, not in accordance with the provisions of the public security

31、organs to apply for border import and port inspection procedures.Article twenty-second violation of this Ordinance, any of the following circumstances, the public security organ shall impose a one thousand yuan fine of five thousand yuan:(a) to production personnel is not in accordance with the prov

32、isions for sea border documents;(two) the sea ship is not in accordance with the provisions for the brush name of vessel, ship number or name of ship, ship number blurred sea;(three) sea ships, emergency personnel due to force majeure or enter, prohibited or restricted by the state into the sea, isl

33、ands, temporary warning area and take on foreign ships or Hongkong, the Macao Special Administrative Region and the Taiwan region, not in accordance with the provisions to the public security organs of the frontier report;(four) the ship repairing enterprises or individual construction, renovation,

34、dismantling the sea going ships, not in accordance with the provisions of public security organs submitted to the record.Article twenty-third violation of this Ordinance, the sea ship one of the following circumstances, the public security organ shall impose a three thousand yuan fine of ten thousan

35、d yuan:(a) is not in accordance with the provisions apply to border documents;(two) renovation or change of use, sale, transfer, lease, scrap, or not in accordance with the provisions of the public security organs to apply for alteration or cancellation procedures.Article twenty-fourth violation of

36、this Ordinance, the sea ship or personnel in any of the following circumstances, the public security organ shall impose a five thousand yuan fine of thirty thousand yuan, the persons who are directly responsible for the sea border can be revoked certificates:(a) to remove, conceal, alter, forge, the

37、 name of the ship to sea ship no.;(two) unauthorized temporary warning area dissuasion refused to leave;(three) without going through the foreign nationality or Hongkong, the Macao Special Administrative Region and the Taiwan region of the ship.Article twenty-fifth violation of this Ordinance, the s

38、ea ship or personnel in any of the following circumstances, the public security organ shall impose a ten thousand yuan fine of fifty thousand yuan, the illegal gains, confiscate the illegal income, the persons who are directly responsible for the sea border can be revoked certificates:(a) the illega

39、l seizure of others;(two) the illegal seizure of ship or other property of others;(three) the illegal use of explosion and toxic hazards to public safety mode.Article twenty-sixth violation of this Ordinance, illegal entry or illegal organization others into his country by sea, public security autho

40、rities fined ten thousand yuan to fifty thousand yuan fine; the illegal gains, confiscate the illegal income, illegal income and impose a fine of three times, the person directly responsible shall be revoked the sea border documents; if the circumstances are serious, shall be the confiscation of the

41、 ship.Article twenty-seventh violation of this Ordinance, illegal mining of sand or illegal salvage submarine relics, sunken ships, by public security authorities confiscated illegal mining, fishing facilities and illegal access to property crime; more than two times or by violent means to impede th

42、e implementation of official and other serious circumstances, seized the ship.Twenty-eighth of the other acts in violation of these regulations, legal, the existing administrative regulations, such provisions shall apply.Twenty-ninth public security organs punishment authority:(a) public security bo

43、rder police station can make a warning, a fine of five hundred yuan penalty;(two) public security border defense brigade, police brigade issued a warning, can be fined twenty thousand yuan penalties;(three) border patrol police, maritime police detachment can make a warning, fines, confiscation of i

44、llegal income, the confiscation of the ship, the sea border punishment certificates revoked.Thirtieth in violation of the regulations to ship or personnel on the spot is not in accordance with the statutory procedures made the punishment decision and afterwards difficult to perform, public security

45、organs may temporarily ship.Decided to withhold the ship, is mainly responsible for the public security organ at or above the county level for approval and implementation; implementation of the decision, the public security organ shall immediately lift the withheld border measures. The ship temporar

46、ily no longer than thirty days.Thirty-first public security organs and their staff in breach of privilege, dereliction of duty, the directly responsible person in charge and other directly responsible personnel shall be punished; constitutes a crime, shall be investigated for criminal responsibility

47、 according to law.The fifth chapter supplementary provisionsThe thirty-second meaning of terms in these regulations:(a) the port of registry, refers to the ship for the registration of ownership of the port.(two) the ship is located, refers to the owner of the ship domicile, port of registry is loca

48、ted or ship often stops.(three) the wreck,Refers to the sink in the sea water or buried under mud on the seabed all kinds of ships and articles, including the main bodies of the sunken ships and equipment, all goods and other articles on board.The thirty-third of this Ordinance since May 1, 2011.Shandong Provincial Peoples Congress website (source)Local regulations (categories)Y (the logo)(Level 1)

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