Regulations of the People's Republic of China on International Ocean Shipping (2023 Revision)

Regulations of the People's Republic of China on International Ocean Shipping (2023 Revision)

(Promulgated by Order No. 335 of the State Council of the People's Republic of China on December 11, 2001; revised for the first time in accordance with the Decision of the State Council on Repealing and Amending Some Administrative Regulations on July 8, 2013; revised for the second time in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016; revised for the third time in accordance with the Decision of the State Council to Amend Certain Administrative Regulations on March 2, 2019; and revised for the fourth time in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations July 20, 2023)
Chapter 1 General Provisions
Article 1 These Regulations have been enacted in order to normalize the activities of international ocean shipping, to protect fair competition, to maintain the order of the international ocean shipping market and to guarantee the lawful rights and interests of the parties to international ocean shipping.
Article 2 These Regulations shall be applicable to the business operations of international ocean shipping inward and outward from the ports of the People's Republic of China and the auxiliary business operations related to international ocean shipping.
The “auxiliary business operations related to international ocean shipping” as used in the preceding paragraph include international ship agencies, international ship management, port handling of international ocean shipping, the storage of goods related to international ocean shipping, container stations and stacking of international ocean shipping, and other operations.
Article 3 Those engaged in the business operations of international ocean shipping and the auxiliary business operations related to international ocean shipping shall abide by the principle of good faith, and shall operate the businesses according to law with fair competition.
Article 4 The department in charge of transportation 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 ocean shipping, and carry out the relevant supervision and administration of the auxiliary business operations related to international ocean shipping.
The transport department of the State Council and the transport departments of the relevant local people's governments shall implement credit management of the operators and employees of international ocean shipping and services ancillary to it, and include the relevant credit records in the national credit information sharing platform.
Chapter 2 Operators of International Ocean Shipping and the Auxiliary Businesses Thereof
Article 5 An operator in the business of international passenger shipping or international shipping of liquid hazardous goods in bulk shall satisfy the following conditions:
(1) It has the status of legal person as a business enterprise;
(2) It has ships suitable for its operations, among which there must be Chinese-flag ships;
(3) The ships put into operation comply with the technological standards for marine traffic safety prescribed by the state;
(4) There are bills of lading, passenger tickets, or multimodal transportation documents;
(5) It has senior business management personnel qualified to engage in the business as required by the transport department of the State Council.
An operator in the business of international container shipping or international general cargo shipping shall obtain the status of legal person as a business enterprise, and have ships suitable for the business.
Article 6 For the business of international passenger shipping or international shipping of liquid hazardous goods in bulk, an operator shall file an application with the transport department of the State Council, to which the relevant materials on its satisfaction of the conditions set out in Article 5 of this Regulation shall be attached. The transport department of the State Council shall, within 30 days of accepting the application, complete the examination of the application, and make a decision to grant or deny the application. If the application is granted, the transport department of the State Council shall issue an International Shipping License to the applicant, or if the application is denied, notify the applicant in written form with reasons.
In examining an application for the business of international passenger shipping or international shipping of liquid hazardous goods in bulk, the transport department of the State Council shall take into consideration the state policies on developing the international ocean shipping industry and the condition of competition on the international ocean shipping market.
Where an operator applies concurrently for the business of international passenger shipping and the business of international liner shipping, the operator shall attach the relevant materials set out in Article 11 of this Regulation to the application for concurrent examination and registration by the transport department of the State Council.
An operator in the business of international container shipping or international general cargo shipping shall, within 15 days of commencement of business, undergo recordation formalities with the transport department of the people's government of the province, autonomous region, or municipality directly under the Central Government, and the recordation information includes the enterprise name, place of registration, contact information, and ship information.
Article 7 An operator in the non-vessel operating common carrier (“NVOCC”) business shall, within 15 days of commencement of business, undergo recordation formalities with the transport department of the people's government of the province, autonomous region, or municipality directly under the Central Government, and the recordation information includes the enterprise name, place of registration, and contact information.
The “non-vessel shipping business” as used in the preceding paragraph refers to the international ocean shipping business operations of a non-vessel shipping operator to accept the cargo of the shipper as the carrier, take the freight charges from the shipper by issuing his own bills of lading or other transport documents, ship the international ocean goods through international shipping operators and bear the responsibilities of the carrier.
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 law.
Article 8 Operators in the business of international passenger shipping or international shipping of liquid hazardous goods in bulk shall not provide their legally obtained business qualifications for use by others.
Article 9 Where an operator in the business of international passenger shipping or international shipping of liquid hazardous goods in bulk no longer satisfies the conditions set out in this Regulation after obtaining the corresponding business qualification according to the provisions of this Regulation, the transport department of the State Council shall immediately cancel its business qualification.
Chapter 3 International Ocean Shipping and the Auxiliary Business Operations Thereof
Article 10 Where an international shipping operator operates the international liner shipping business into and out of Chinese ports, he shall obtain the operation qualification for international liner shipping according to the provisions of these Regulations.
Without the operation qualification for international liner shipping a party 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 case of operating the international liner shipping by the means of joint dispatch of ships, exchange of shipping space, or associated operation, etc., the provisions of the first paragraph of this Article shall be applicable.
Article 11 To operate the international liner shipping business, a party shall file an application with the department in charge of transportation under the State Council with the following materials attached:
1) Name, place of registration, copy of business license, and main capital subscribers of the international shipping operator;
2) Names and the identification certificates of the main managerial personnel of the operator;
3) Information about the ships used in business operations;
4) Sea route, schedule, and ports of call along the way of the vessels;
5) Freight rate book;
6) Bills of lading, passenger tickets, or multimode transport documents.
The department in charge of transportation under the State Council shall finish the examination within 30 days from the day of receiving the application for the operation of international liner shipping business. Where the application materials are true and complete, the registration shall be made and the applicant shall be notified; where the application materials are untrue or incomplete, the registration shall not be made, and the applicant shall be notified in written form with reasons explained.
Article 12 The international shipping operator that has obtained the operation qualification for international liner shipping shall start sailing within 180 days from the day of obtaining the qualification; and may, with the approval of the department in charge of transportation under the State Council, extend the period for 90 days as a result of force majeure. In case of failure to start sailing within that period, the operation qualification for international liner shipping shall be forfeited upon expiration of that period.
Article 13 In case of the opening or termination of an international liner shipping route, or change of ships or schedule of international liner shipping, a pub......