Measures for the Administration of the State Council on Participation of Foreign Firms in the Salvage of Sunken Ships and Objects in Chinese Coastal Waters (Revised in 2011)
Measures for the Administration of the State Council on Participation of Foreign Firms in the Salvage of Sunken Ships and Objects in Chinese Coastal Waters (Revised in 2011)
Measures for the Administration of the State Council on Participation of Foreign Firms in the Salvage of Sunken Ships and Objects in Chinese Coastal Waters (Revised in 2011)
Order of the State Council of the People's Republic of China No. 588
January 8, 2011
(Promulgated by Order of the State Council of the People's Republic of China No. 102 on July 12, 1992; and revised according to the Decisions of the State Council on Repealing and Amending Certain Administrative Regulations on January 8 ,2011)
Article 1 These Measures are formulated in order to strengthen the control of the participation of foreign firms in salvage of sunken ships and objects in the Chinese coastal waters and to ensure the lawful rights and interests of the parties concerned.
Article 2 These Measures shall apply to the participation of foreign firms in salvage of sunken ships and objects with commercial value in the Chinese coastal waters.
These Measures shall not apply to the cases where the owners of the sunken ships and objects engage in the salvage themselves or invite salvage agencies to undertake the salvage in the Chinese coastal waters.
Article 3 For the purpose of these Measures, the following terms shall have the meanings respectively defined hereunder:
1. "Foreign firm" means enterprises or other economic organizations or individuals of foreign countries.
2. "Coastal waters" means the inland seas and territorial seas of the People's Republic of China as well as all other sea areas under its jurisdiction.
3. "Sunken ships and objects" mean all kinds of vessels and objects which have sunken under the surface of water or have been buried beneath the mud surface at seabed in the Chinese coastal waters, including the main bodies of the sunken ships or objects and their equipment, and all of the cargoes or other sundries loaded thereon.
Sunken warships and weaponry with important military value and sunken ships and objects confirmed as cultural relics are not covered in the scope of salvage by the participation of foreign firms.
4. "Salvage operation" means all kinds of operational activities for salvaging sunken ships and objects according to a joint salvage contract or a contract for a Chinese-foreign salvage cooperative enterprise, including the implementation of survey, identification, salvage and other activities related thereto.
5. "Operator of salvage" means any unit or individual that actually operates the salvage.
Article 4 The Chinese Government shall protect, in accordance with the law, the gains and other lawful rights and interests which belong to the Chinese and foreign parties who participate in the salvage of sunken ships and objects in the Chinese coastal waters (hereinafter referred to as "Chinese and foreign parties participating in the salvage").
All the activities of Chinese and foreign parties participating in the salvage shall comply with the relevant laws, rules and regulations of the People's Republic of China, and be subjected to the control and supervision of the competent authorities of the Chinese Government.
Article 5 The Ministry of Communications of the People's Republic of China is in charge of the affairs regarding the participation of foreign firms in the salvage of sunken ships and objects in the Chinese coastal waters.
Article 6 Foreign firms may participate in the salvage of sunken ships and objects in the Chinese coastal waters in either of the following modes:
1.
......
Order of the State Council of the People's Republic of China No. 588
January 8, 2011
(Promulgated by Order of the State Council of the People's Republic of China No. 102 on July 12, 1992; and revised according to the Decisions of the State Council on Repealing and Amending Certain Administrative Regulations on January 8 ,2011)
Article 1 These Measures are formulated in order to strengthen the control of the participation of foreign firms in salvage of sunken ships and objects in the Chinese coastal waters and to ensure the lawful rights and interests of the parties concerned.
Article 2 These Measures shall apply to the participation of foreign firms in salvage of sunken ships and objects with commercial value in the Chinese coastal waters.
These Measures shall not apply to the cases where the owners of the sunken ships and objects engage in the salvage themselves or invite salvage agencies to undertake the salvage in the Chinese coastal waters.
Article 3 For the purpose of these Measures, the following terms shall have the meanings respectively defined hereunder:
1. "Foreign firm" means enterprises or other economic organizations or individuals of foreign countries.
2. "Coastal waters" means the inland seas and territorial seas of the People's Republic of China as well as all other sea areas under its jurisdiction.
3. "Sunken ships and objects" mean all kinds of vessels and objects which have sunken under the surface of water or have been buried beneath the mud surface at seabed in the Chinese coastal waters, including the main bodies of the sunken ships or objects and their equipment, and all of the cargoes or other sundries loaded thereon.
Sunken warships and weaponry with important military value and sunken ships and objects confirmed as cultural relics are not covered in the scope of salvage by the participation of foreign firms.
4. "Salvage operation" means all kinds of operational activities for salvaging sunken ships and objects according to a joint salvage contract or a contract for a Chinese-foreign salvage cooperative enterprise, including the implementation of survey, identification, salvage and other activities related thereto.
5. "Operator of salvage" means any unit or individual that actually operates the salvage.
Article 4 The Chinese Government shall protect, in accordance with the law, the gains and other lawful rights and interests which belong to the Chinese and foreign parties who participate in the salvage of sunken ships and objects in the Chinese coastal waters (hereinafter referred to as "Chinese and foreign parties participating in the salvage").
All the activities of Chinese and foreign parties participating in the salvage shall comply with the relevant laws, rules and regulations of the People's Republic of China, and be subjected to the control and supervision of the competent authorities of the Chinese Government.
Article 5 The Ministry of Communications of the People's Republic of China is in charge of the affairs regarding the participation of foreign firms in the salvage of sunken ships and objects in the Chinese coastal waters.
Article 6 Foreign firms may participate in the salvage of sunken ships and objects in the Chinese coastal waters in either of the following modes:
1.
......