Regulations of the People's Republic of China on International Maritime Transportation (Revised in 2023)
Regulations of the People's Republic of China on International Maritime Transportation (Revised in 2023)
Regulations of the People's Republic of China on International Maritime Transportation (Revised in 2023)
Order of the State Council of the People's Republic of China No.764
July 20, 2023
(Promulgated by the Order of State Council of the People's Republic of China No.335 on December 11, 2001; revised for the first time in accordance with the Decision of the State Council on Abolishing and Revising Some Administrative Regulations on July 18, 2013; revised for the second time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016; revised for the third time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on March 2, 2019; and revised for the fourth time in accordance with the Decision of the State Council on Revising and Repealing Some Administrative Regulations on July 20, 2023)
Chapter I General Provisions
Article 1 These Regulations have been enacted with the primary aims of normalizing the activities of international maritime transportation, protecting fair competition, maintaining order in the international maritime transportation market, and guaranteeing the lawful rights and interests of the parties of international maritime transportation.
Article 2 These Regulations shall be applicable to the business operations of international maritime transportation both inward and outward from the ports of the People's Republic of China and the auxiliary business operations related to international maritime transportation.
The term "auxiliary business operations related to international maritime transportation" as used in the preceding paragraph shall include international ship agencies, international ship management, port handling of international maritime transportation, the storage of goods related to international maritime transportation, container stations, the stacking of international maritime transportation, and other operations.
Article 3 Those engaged in the business operations of international maritime transportation and the auxiliary business operations related to international maritime transportation shall abide by the principles of good faith, and shall operate their businesses according to law with fair competition.
Article 4 The department of transport under the State Council and the departments in charge of transportation under the relevant local people's governments shall, according to the provisions of these Regulations, supervise and administrate the business operations of international maritime transportation and carry out the relevant supervision and administration of those auxiliary business operations related to international maritime transportation.
The department of transport under the State Council and the competent department of transport under the relevant local people's government shall implement credit management for operators and practitioners of international maritime transportation and its auxiliary business, and include the relevant credit records in the national credit information sharing platform.
Chapter II Operators of International Maritime Transportation and the Auxiliary Businesses thereof
Article 5 All parties shall meet the following conditions in order to operate the transportation business of international passenger ship and international bulk liquid dangerous goods ship:
1. Being granted the status of legal persons;
2. Having ships accommodated to the business, among which there shall be Chinese ships.
3. Putting the ships into operation in accordance with the technological standards of maritime transportation safety as prescribed by the State.
4. Having bills of lading, passenger tickets, or multimode transport documents.
5. Having senior managerial personnel with the practice qualifications as prescribed by the department of transport under the State Council.
Those who operate the transportation business of international container ship and international general cargo ship shall have enterprise legal person qualification, and have the ships accommodated to the business.
Article 6 In order to operate the transportation business of international passenger ship and international bulk liquid dangerous goods ship, the party shall file an application with the department of transport under the State Council and attach the relevant materials meeting the conditions as prescribed in Article 5 of these Regulations. The department of transport under the State Council shall complete the examination within 30 days from the day of accepting the application and make a decision on whether or not to approve the application. If approval is granted, an International Shipping License shall be issued to the applicant. If approval is not granted, the applicant shall be notified in written form with the reasons for the denial explained.
When examining an application for the transportation business of international passenger ship and international bulk liquid dangerous goods ship, the department of transport under the State Council shall take into consideration the state policies regarding the development of the international maritime transportation industry and the competition in the international maritime transportation market.
If a party applies for the operation of international passenger ship transportation while applying for the operation of international liner shipping business, it shall attach the relevant materials as prescribed in Article 11 of these Regulations to be examined and registered by the department of transport under the State Council.
Those who operate the transportation business of international container ship and international general cargo ship shall, within 15 days upon the commencement of its operation, report to the department of transport under the people's government of the province, autonomous region, and municipality directly under the Central Government for record-filing. The information to be submitted for record-filing includes enterprise name, place of registration, contact number, and the status of the vessel.
Article 7 Those operating the non-vessel shipping business shall within 15 days upon the commencement of its operation, report to the department of transport under the people's government of the province, autonomous region, and municipality directly under the Central Government for record-filing. The information to be submitted for record-filing includes enterprise name, place of registration, and contact number.
The term "non-vessel shipping business" as used in the preceding paragraph shall refer to the international maritime transportation business operations of a non-vessel shipping operators to accept the cargo of the shipper as the carrier, take the freight charges from the shipper by issuing its own bills of lading or other transport documents, ship the international ocean goods through international shipping operators, and bear the responsibilities of the carrier.
In order to operate non-vessel shipping business within the territory of China, the party shall establish an enterprise with legal status within the territory of China according to the law.
Article 8 Operators of the transportation business of international passenger ship and international bulk liquid dangerous goods ship shall not provide the operation qualifications lawfully obtained by them for the use by others.
Article 9 In the event that an operator of the transportation business of international passenger ship and international bulk liquid dangerous goods ship no longer meets the conditions as prescribed in these Regulations after obtaining the corresponding operation qualification according to the provisions of these Regulations, the department of transport under the State Council shall cancel its operation qualification immediately.
Chapter III International Maritime Transportation and the Auxiliary Business Operations Thereof
Article 10 If an international shipping operator operates the international liner shipping business into or out of Chinese ports, it shall, according to the provisions of these Regulations, obtain the operation qualification for international liner shipping.
Those parties lacking the operation qualification for international liner shipping may not engage in the business operations of international liner shipping and may not release the schedule to the public or accept booking for shipping space.
In regard to operating the international liner shipping by means of joint dispatch of ships, exchange of shipping space, associated operation, or etc., the provisions of the first paragraph of this Article shall be applicable.
Article 11 In order to operate the international liner shipping business, a party shall file an application with the department of transport under the State Council with the following materials attached:
1.
......
Order of the State Council of the People's Republic of China No.764
July 20, 2023
(Promulgated by the Order of State Council of the People's Republic of China No.335 on December 11, 2001; revised for the first time in accordance with the Decision of the State Council on Abolishing and Revising Some Administrative Regulations on July 18, 2013; revised for the second time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016; revised for the third time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on March 2, 2019; and revised for the fourth time in accordance with the Decision of the State Council on Revising and Repealing Some Administrative Regulations on July 20, 2023)
Chapter I General Provisions
Article 1 These Regulations have been enacted with the primary aims of normalizing the activities of international maritime transportation, protecting fair competition, maintaining order in the international maritime transportation market, and guaranteeing the lawful rights and interests of the parties of international maritime transportation.
Article 2 These Regulations shall be applicable to the business operations of international maritime transportation both inward and outward from the ports of the People's Republic of China and the auxiliary business operations related to international maritime transportation.
The term "auxiliary business operations related to international maritime transportation" as used in the preceding paragraph shall include international ship agencies, international ship management, port handling of international maritime transportation, the storage of goods related to international maritime transportation, container stations, the stacking of international maritime transportation, and other operations.
Article 3 Those engaged in the business operations of international maritime transportation and the auxiliary business operations related to international maritime transportation shall abide by the principles of good faith, and shall operate their businesses according to law with fair competition.
Article 4 The department of transport under the State Council and the departments in charge of transportation under the relevant local people's governments shall, according to the provisions of these Regulations, supervise and administrate the business operations of international maritime transportation and carry out the relevant supervision and administration of those auxiliary business operations related to international maritime transportation.
The department of transport under the State Council and the competent department of transport under the relevant local people's government shall implement credit management for operators and practitioners of international maritime transportation and its auxiliary business, and include the relevant credit records in the national credit information sharing platform.
Chapter II Operators of International Maritime Transportation and the Auxiliary Businesses thereof
Article 5 All parties shall meet the following conditions in order to operate the transportation business of international passenger ship and international bulk liquid dangerous goods ship:
1. Being granted the status of legal persons;
2. Having ships accommodated to the business, among which there shall be Chinese ships.
3. Putting the ships into operation in accordance with the technological standards of maritime transportation safety as prescribed by the State.
4. Having bills of lading, passenger tickets, or multimode transport documents.
5. Having senior managerial personnel with the practice qualifications as prescribed by the department of transport under the State Council.
Those who operate the transportation business of international container ship and international general cargo ship shall have enterprise legal person qualification, and have the ships accommodated to the business.
Article 6 In order to operate the transportation business of international passenger ship and international bulk liquid dangerous goods ship, the party shall file an application with the department of transport under the State Council and attach the relevant materials meeting the conditions as prescribed in Article 5 of these Regulations. The department of transport under the State Council shall complete the examination within 30 days from the day of accepting the application and make a decision on whether or not to approve the application. If approval is granted, an International Shipping License shall be issued to the applicant. If approval is not granted, the applicant shall be notified in written form with the reasons for the denial explained.
When examining an application for the transportation business of international passenger ship and international bulk liquid dangerous goods ship, the department of transport under the State Council shall take into consideration the state policies regarding the development of the international maritime transportation industry and the competition in the international maritime transportation market.
If a party applies for the operation of international passenger ship transportation while applying for the operation of international liner shipping business, it shall attach the relevant materials as prescribed in Article 11 of these Regulations to be examined and registered by the department of transport under the State Council.
Those who operate the transportation business of international container ship and international general cargo ship shall, within 15 days upon the commencement of its operation, report to the department of transport under the people's government of the province, autonomous region, and municipality directly under the Central Government for record-filing. The information to be submitted for record-filing includes enterprise name, place of registration, contact number, and the status of the vessel.
Article 7 Those operating the non-vessel shipping business shall within 15 days upon the commencement of its operation, report to the department of transport under the people's government of the province, autonomous region, and municipality directly under the Central Government for record-filing. The information to be submitted for record-filing includes enterprise name, place of registration, and contact number.
The term "non-vessel shipping business" as used in the preceding paragraph shall refer to the international maritime transportation business operations of a non-vessel shipping operators to accept the cargo of the shipper as the carrier, take the freight charges from the shipper by issuing its own bills of lading or other transport documents, ship the international ocean goods through international shipping operators, and bear the responsibilities of the carrier.
In order to operate non-vessel shipping business within the territory of China, the party shall establish an enterprise with legal status within the territory of China according to the law.
Article 8 Operators of the transportation business of international passenger ship and international bulk liquid dangerous goods ship shall not provide the operation qualifications lawfully obtained by them for the use by others.
Article 9 In the event that an operator of the transportation business of international passenger ship and international bulk liquid dangerous goods ship no longer meets the conditions as prescribed in these Regulations after obtaining the corresponding operation qualification according to the provisions of these Regulations, the department of transport under the State Council shall cancel its operation qualification immediately.
Chapter III International Maritime Transportation and the Auxiliary Business Operations Thereof
Article 10 If an international shipping operator operates the international liner shipping business into or out of Chinese ports, it shall, according to the provisions of these Regulations, obtain the operation qualification for international liner shipping.
Those parties lacking the operation qualification for international liner shipping may not engage in the business operations of international liner shipping and may not release the schedule to the public or accept booking for shipping space.
In regard to operating the international liner shipping by means of joint dispatch of ships, exchange of shipping space, associated operation, or etc., the provisions of the first paragraph of this Article shall be applicable.
Article 11 In order to operate the international liner shipping business, a party shall file an application with the department of transport under the State Council with the following materials attached:
1.
......