Announcement of the Ministry of Transport on Trial Implementation of Coastal Carriage of Chinese-Invested Non-Five-Star Flag Ships of International Voyages in Shanghai
The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.
For the purpose of promoting the development of the Shanghai International Shipping Center and the China (Shanghai) Pilot Free Trade Zone, according to relevant laws, regulations and rules in China, we have decided to allow Chinese-invested shipping companies to make use of their wholly owned or controlled non-five-star flag ships conducting international voyages to engage in carriage of foreign trade import/export containers between domestic open ports and Shanghai Port with Shanghai Port as the international transshipment port (hereinafter referred to as "Pilot Carriage"). Matters concerned are hereby announced as follows:
I. Starting from the date of promulgation of this Announcement, Chinese-invested shipping companies that intend to carry out the Pilot Carriage may use their wholly owned or controlled non-five-star flag ships engaged in international voyages to carry out relevant business after going through registration formalities with the Ministry of Transport.
II. "Chinese-invested shipping companies" referred to in this Announcement shall mean the corporate legal persons are registered in China and engage in international maritime shipping business after obtaining the International Liner Transport Operation Qualification Registration Certificate in accordance with the Regulations of the People's Republic of China on International Maritime Transport.
III. To apply for engaging in Pilot Carriage, a Chinese-invested shipping company shall submit an application to the Ministry of Transport for record filing. The documents and procedures for the record-filing are as follows:
(I) Application Form for Record-filing of a Chinese-invested Non-five-star Flag Ship Engaged in International Voyages to Carry out Pilot Carriage (see Appendix 1).
(II) Photocopies of the Business License, International Shipping Transport Operation Permit and International Liner Transport Operation Qualification Registration Certificate of the Chinese-invested shipping company; and
(III) Certificate of Registry, Certificate of Classification and supporting documents for the ownership of the ship required for the Chinese-invested shipping company to carry out the Pilot Coastal Carriage.
If the ship is indirectly owned by a Chinese shipping company via an overseas solely-invested enterprise, the supporting documents for investment in the overseas solely-funded enterprise by the Chinese shipping company, the certificate for the ship being wholly owned or controlled by an overseas solely-funded enterprise and supporting documents for the lease of the ship by the Chinese shipping company shall be also required.
IV. Upon receipt of the complete and effective documents for record-filing as mentioned above, the Ministry of Transport shall issue a Certificate for Record-filing of a Chinese-invested Non-five-star Flag Ship Engaged in International Voyages to Carry Out Pilot Coastal Carriage (see Appendix 2).
V. Chinese-invested shipping companies shall not sublease the ship approved to carry out the pilot business after record-filing to others without authorization. Once subleased, the ship will automatically lose its qualification to carry out pilot business as from the effective date of the ship lease contract.
VI. Except for ships that are filed for record according to this Announcement, any other non-five-star flag ship may not accept container cargo for carriage among Chinese ports, including container cargo which is loaded at one domestic port, and exported through transshipment at another domestic port, or imported through transshipment at one domestic port and unloaded at another domestic port. Any violation of the aforesaid provision shall be penalized according to Article 45 of the Regulations of the People's Republic of China on International Maritime Transport and other provisions.
It is hereby announced.
Inistry of Transport
September 27, 2013
Provided by Lawyers Working Committee of Pudong New Area