Regulations of Shanghai Municipality on Offshore Search and Rescue

(September 28, 2021)

Chapter I  General Provisions

Article 1

With a view to strengthening the offshore search and rescue work, ensuring the safety of life and property, and protecting the water environment, these Regulations are formulated in accordance with the Emergency Response Law of the People’s Republic of China, the Maritime Traffic Safety Law of the People’s Republic of China, the Regulations of the People’s Republic of China Concerning the Administration of Traffic Safety on Inland Waters and other laws and administrative rules, and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations apply to the offshore search and rescue and all relevant activities within the costal search and rescue duty areas and the inland navigable waters in this Municipality.

The offshore search and rescue (hereinafter referred to as “offshore search and rescue”) mentioned in these Regulations refers to the activities of organizing, coordinating and commanding search and rescue forces to search and rescue the endangered people and property and treat the water pollution in case that vessels, installations, aircraft and their personnel are in distress in waters, which cause and may cause the casualty of people, loss of property or pollution of waters.

Article 3

The offshore search and rescue work shall adhere to the principles of government leadership, unified command, locality priority, combination of specialists and masses, life first, proximity and swiftness.

Article 4

The municipal and district people’s governments shall strengthen their leadership in the offshore search and rescue work, establish and perfect the system of offshore search and rescue, and incorporate the funds required into the budget of the finance department at the same level in accordance with the principle of matching financial powers with expenditure responsibilities.

Article 5

Shanghai Maritime Safety Administration and the municipal transportation administrative department (hereinafter jointly referred to as the Maritime Administration) shall, according to their own functions and duties, be responsible for the work relevant to the offshore search and rescue within the costal search and rescue duty areas and the inland navigable waters respectively.

Article 6

The Search and Rescue  established by the Municipal People’s Government shall be responsible for the organization, coordination and commanding of the offshore search and rescue work in this Municipality. The daily management of the Search and Rescue Centre shall be carried out by the Maritime Administration.

The district people’s governments shall set up search and rescue sub-s or designate organs in accordance with the arrangements and requirements for the construction of the offshore search and rescue system. The Search and Rescue Sub- or the designated organ (hereinafter referred to as the Search and Rescue Sub-) shall, according to its functions and duties, be responsible for organizing, coordinating and commanding the search and rescue work in the respective region, and accepting the operational guidance from the Search and Rescue .

The municipal departments of emergency management, public security, fire-fighting and rescue, health, civil affairs, agriculture and rural affairs, landscaping and city appearance, ecology and environment, meteorology, earthquakes, water (ocean), finance, development & reform, commerce, communications administration, economy and informatization, foreign affairs, culture and tourism, and urban operational administration organs, district people’s governments, as well as other member units of the search and rescue  such as the rescue, salvage, maritime security and coast guard shall, according to their own functions and duties, undertake the search and rescue work such as the emergency call, disaster relief, supportive guarantee and post-rescue handling under the unified organization, coordination and commanding of the Search and Rescue .

Article 7

This Municipality shall establish an information oriented commanding platform for offshore search and rescue, which shall be connected with the urban-operation platform of Integrated Online Administration, strengthen the functions of the platform for offshore search and rescue in the fields such as the dynamic monitoring of water traffic, information service, decision support, and command and dispatch, intensify the information sharing and highly-efficient joint-action among the member units of the Search and Rescue , and raise the coordination and organization ability and intelligent management of the offshore search and rescue.

Article 8

This Municipality shall encourage and support the R&D and application of new technologies and new equipment for the offshore search and rescue, and raise the capability and level of the offshore search and rescue.

Article 9

The municipal and district people’s governments and relevant departments shall strengthen the publicity and education on the offshore search and rescue, popularize the knowledge of water safety and self-rescue, and enhance the public awareness of water safety.

The radio, television, newspapers and journals, networks and other media shall publicize gratis for the public good the laws and rules of offshore search and rescue and the knowledge of water safety and self-rescue.

Chapter II  Building and Guarantee of Search and Rescue Capacity

Article 10

The Maritime Administration shall make a special plan for building the offshore search and rescue capacity, and organize the implementation upon the approval by the Municipal People’s Government.

The special plan for building the offshore search and rescue capacity shall mainly include the contents such as the guiding principles and target tasks of the building of offshore search and rescue capacity, the layout requirements of the bases and stations of search and rescue, the technical equipment and teams of search and rescue, the emergency communication network of search and rescue, the emergency supplies’ reserve for search and rescue, the natural water disasters’ forecast and early warning capability, the air rescue capability for water emergencies, the search and rescue capability for passengers of water transportation, and the emergent treatment capacity of polluted water areas.

Article 11

The Maritime Administration shall, jointly with the planning and resources department and other relevant departments, make plans for the layout of bases and stations of search and rescue and organize the implementation in accordance with the overall plan for national territory space and the special plan for building the offshore search and rescue capacity.

Article 12

The Maritime Administration shall, jointly with the relevant departments, make a special municipal emergency plan for offshore search and rescue and implement it upon the approval by the Municipal People’s Government.

The district people’s governments shall make emergency plans for offshore search and rescue within their own administrative areas and submit the plans to the Search and Rescue  for the record.

Article 13

The Search and Rescue , the Search and Rescue Sub-s and the member units of the Search and Rescue  shall, according to the characteristics of different water areas, perfect the communication service network of offshore search and rescue and promote the integration of multi-network communication for offshore search and rescue.

The departments of communications administration, and economy and informatization and other relevant departments shall guarantee the unimpeded communication for offshore search and rescue actions.

Article 14

The Search and Rescue  and the Search and Rescue Sub- shall regularly organize special drills and comprehensive exercises for offshore search and rescue in accordance with the emergency plan for offshore search and rescue. The special drills shall target the offshore search and rescue of cruise ships, yachts, ferries, tourist boats, hazardous chemical carriers and aircraft.

Article 15

The Maritime Administration shall establish an expert base composed of experts in relevant trades and specialized technicians to provide technical support for offshore search and rescue.

Article 16

This Municipality shall strengthen the construction of professional forces for offshore search and rescue and provide support and guarantee for the training and exchange of the search and rescue teams, and for the supply of professional search and rescue facilities and equipment.

The member units of the Search and Rescue  shall be encouraged to share resources such as training sites and coaches.

Article 17

This Municipality shall encourage social forces to establish offshore search and rescue teams, and strengthen the training and guidance for the construction of social rescue forces. The Maritime Administration may, by means of purchasing services, entrust social offshore search and rescue teams to carry out the relevant offshore search and rescue action.

This Municipality shall encourage the offshore search and rescue volunteer teams to participate in the offshore search and rescue action in accordance with the relevant provisions.

This Municipality shall encourage units and individuals to provide materials, funds, technical supports and donations for the offshore search and rescue work.

Article 18

The municipal and district people’s governments and relevant departments may, due to the factual needs for the offshore search and rescue, and in accordance with law, requisition the property of units and individuals. The requisitioned property shall be returned in time after use or after the search and rescue work has been completed. In case of a damage or a loss of such property, a compensation shall be paid.

Article 19

The relevant member units of the Search and Rescue  shall, in accordance with law and their respective duties, do a good job of keeping the security order and the treatment of pollutants in the waters and on the land along the riverbank or the seashore, as well as the work such as the medical treatment, placement and post-treatment for the persons in distress.

Article 20

This Municipality shall, in accordance with the provisions, give the recognition and reward to the units and individuals that have made outstanding contributions to the offshore search and rescue work. Pensions and preferential treatment shall be given and martyrs shall be awarded according to law to those injured or died in the search and rescue action.

The Maritime Administration and other relevant departments and units shall, in accordance with the provisions, purchase personal accident insurance for the professional search and rescue personnel; and encourage social search and rescue teams and volunteers to purchase relevant insurance to guarantee their personal safety and security.

Insurance companies shall be encouraged to innovate the insurance products and services relevant to the offshore search and rescue.

Article 21

The Maritime Administration and other relevant departments shall be encouraged to carry out exchanges and cooperation with relevant international rescue organizations and the offshore search and rescue agencies in neighboring countries, so as to learn the advanced international concepts, techniques and experiences.

Chapter III  Offshore Search and Rescue Action

Article 22

The Maritime Administration shall establish a prevention and controlling mechanism for the safety hazards of water traffic to identify, assess, prevent and control the relevant safety hazards.

Article 23

The departments of meteorology, earthquakes and water (marine) shall carry out the monitoring and analysis in accordance with their respective functions and duties, issue the warning information in accordance with the relevant provisions, and promptly inform the Search and Rescue  of the information that may cause water distress.

The Search and Rescue  and sub-s shall, according to the nature of the pre-warning information, do a good job of the preparation for the offshore search and rescue.

In the case of a possible water distress, the Search and Rescue  shall issue the water safety precautionary information within a certain range.

The relevant member units of the Search and Rescue  shall, in accordance with their respective functions and duties, keep themselves on the alert of emergency and take the necessary precautions.

The relevant units and individuals shall pay attention to receiving the pre-warning information and water safety precautionary information, and take appropriate emergency precautions.

Article 24

In case that vessels, installations, aviation devices and their personnel are in distress in waters, they shall immediately report to the Search and Rescue  or the relevant sub-; where there is a misreport on the water distress, necessary measures shall be taken to eliminate the impact of the misreport in addition to immediately reporting to the Search and Rescue  or the relevant sub-; where there is a concealed or false report on the water distress, the relevant liable person shall bear the corresponding liabilities in accordance with law.

Where any unit or individual discovers or knows a water distress, he/she shall immediately report to the Search and Rescue  or the relevant sub-s. The content of a water distress report shall contain the information such as the time, location and other brief accounts of the distress. Where other units have received a report on a water distress, they shall immediately transmit it to the Search and Rescue  or the relevant sub-.

Article 25

In case that vessels, installations, aircraft and their personnel are in water distress, they shall take every effective measure to rescue themselves.

The vessel, installation, or aircraft in distress and its owner, operator or manager shall take effective measures to prevent or reduce the loss of life and property and the pollution of waters.

The vessels or installations involved in a collision shall do their best to rescue the other party’s personnel, insofar as their own safety is not seriously endangered, and may not leave the accident water area without authorization, or escape.

Article 26

In case that vessels, installations and aircraft receive any distress SOS signals or discover a person in life danger, they shall do their best to rescue the person in danger, insofar as their own safety is not seriously endangered, and promptly report the relevant situation to the Search and Rescue  or the relevant sub-.

Article 27

The Search and Rescue  and the sub-s shall, upon receiving a report on water distress, verify it immediately, determine the grade of different accidents as the especially serious, serious, relatively serious and general according to the factors such as the degree of harm, the range of impact and the development trend of water distress, and report to the people’s government at the same level and the superior search and rescue  according to the prescribed procedures.

The Search and Rescue  and sub-s shall start the corresponding emergency response in accordance with the emergency pre-plan, and promptly organize, coordinate and command the various search and rescue forces such as the relevant departments, professional search and rescue teams, and relevant social units to participate in the search and rescue.

The Search and Rescue  and sub-s shall, according to the needs of the search and rescue and the handling at the accident site, appoint the on-site commander of the search and rescue action; and the on-site commander shall promptly report the dynamic situation and results of the search and rescue to the Search and Rescue  or sub-s. The vessels, installations, aircraft and personnel participating in the search and rescue shall obey the on-site commanding.

In case of a need to start a multi-emergency-preplan to tackle a water distress, the Search and Rescue  shall coordinate in a unified way.

Article 28

The vessels, installations, aircraft and their personnel in distress shall obey the instructions of the Search and Rescue , the sub- and/or the on-site commander to receive the timely aid and rescue.

In the case that the vessels, installations, and aircraft in distress do not cooperate in the rescue, they shall bear the corresponding responsibility according to law; the on-site commander may take the corresponding rescue measures according to the situation of water distress.

Article 29

In the case that the action of offshore search and rescue cannot be continued due to objective factors such as meteorology, hydrology and marine conditions, the on-site action may be suspended; but the on-site action of offshore search and rescue shall be resumed immediately upon the elimination of such objective factors.

Article 30

In the case that the action of offshore search and rescue has reached a success or the water distress no longer exists, the search and rescue action may be terminated directly.

The Search and Rescue  or the sub- shall organize an expert evaluation if any one of the following conditions is met, and the offshore search and rescue action may be terminated after the evaluation:

All possible areas have already been searched;

2. All reasonable methods that may possibly find the information concerning the location of the vessel, installation, aircraft and its personnel being searched have already been used;

3. The survival possibility of the person in distress already no longer exists under the conditions of the meteorology, hydrology and marine condition at that time; or

4. The danger and harm of a water distress has already been under control and has no possibility of extension or recurrence.

Article 31

The decision on the suspension, resumption or termination of the offshore search and rescue action shall be made by the Search and Rescue  or the sub-. The vessels, installations, aircraft and personnel participating in the search and rescue action shall not withdraw from the search and rescue action without the consent of the Search and Rescue  or the sub-.

The search and rescue forces participating in an offshore search and rescue action may make suggestions to the Search and Rescue  or the sub- on the suspension, resumption or termination of such an action on the basis of the on-site situation and professional judgement.

Article 32

The Search and Rescue  shall, in accordance with the provisions, promptly release the offshore search and rescue information.

No unit or individual may fabricate or disseminate the false information on offshore search and rescue.

Article 33

The vessels, installations and aircraft shall, in accordance with the provisions, be equipped with alarms and other equipment and ensure the good condition of such equipment.

Chapter IV  Regional Cooperation in the Yangtze River Delta

Article 34

The Maritime Administration shall establish a cooperation mechanism for offshore search and rescue in the Yangtze River Delta with the departments concerned of the relevant provinces and municipalities in the Yangtze River Delta, and establish a cooperation system for offshore search and rescue in the Yangtze River Delta so as to exchange information, share resources and jointly act for emergencies.

Article 35

The Maritime Administration shall establish a consultative system with the departments concerned of the relevant provinces and municipalities in the Yangtze River Delta so as to study and consult on the major issues of offshore search and rescue within the region.

Article 36

The Maritime Administration shall consult and share the information on meteorology, hydrology, marine condition in the region and the respective building of search and rescue capacity with the departments concerned of the relevant provinces and municipalities in the Yangtze River Delta.

This Municipality shall urge the sharing of the bases, stations and forces of offshore search and rescue with the departments concerned of relevant provinces and municipalities in the Yangtze River Delta.

Article 37

The Maritime Administration shall strengthen the communication and coordination with the departments concerned of relevant provinces and municipalities in the Yangtze River Delta and perfect the emergency and guarantee mechanism for the cross-regional offshore search and rescue.

The Maritime Administration can, according to the needs, carry out the offshore search and rescue exercises and drills jointly with the departments concerned of relevant provinces and municipalities in the Yangtze River Delta, and raise the ability of cooperative rapid response and emergency handling.

Chapter IV  Legal Liability

Article 38

Where laws and administrative rules have already had provisions on the handling for a violation of the provisions of these Regulations, such provisions shall prevail.

Article 39

Where the Maritime Administration and other relevant departments and their personnel commit the act of neglecting their duty, abusing their power, and playing favoritism and committing irregularities for personal gains in the offshore search and rescue work, the person(s) directly in charge and other person(s) directly responsible shall be punished according to law.

Chapter VI  Supplementary Provision

Article 40

These Regulations shall be effective as of October 1, 2021.