China Revises Regulation on International Maritime Transport
Date: 25 August 2023
Oasis Circular No.:2306
Subject: China Revises Regulation on International Maritime Transport Effective from July 20, 2023
Chinese government modified the Regulations of the People's Republic of China on International Maritime Transport on July 20, 2023 with immediate effect, which leads to some changes for operators engaging in international maritime transport operation entering or leaving Chinese ports.
We hereby summarize the main points as follows for your kind reference:
1. International container transport operators, international general cargo transport operators and NVOCC no longer needs to obtain prior approval
International container transport operators, international general cargo carrier operators, and NVOCC no longer need to apply for approval before engaging in the relevant business, but are only required to file a record with the provincial transport management administrations within 15 days after opening of business, including name of the operator, place of registration, contact information, and vessels (not applicable for NVOCC) and shall also file a record to provincial transport management administrations 15 days after termination of business.
In the meantime, international passenger carriers and international bulk liquid dangerous cargo carriers still need to obtain prior approval before engaging in the relevant business.
2.Administrative management of transportation between mainland China and Hong Kong/Macau has changed from State Council to provincial government
International passenger ship operators and international bulk liquid dangerous goods ship operators are not allowed to engage in transportation business between Hong Kong, Macao, and mainland China without the approval of provincial transportation management administrations.
International container transport operators and international general cargo carrier operators should file a record to provincial transport management administrations before engaging in transportation business between Hong Kong, Macao, and mainland China.
Before the revision of this regulation, both of the above operations needed approval from the State Council.
The administration approval authority remains with the State Council for foreign ship operators who would like to operate ship transportation business between mainland China and Taiwan whether it is direct transport or via a third place.
3. Administrative penalty has changed
Operating international carriage of passengers or liquid dangerous cargo in bulk without obtaining the necessary approval or license may face penalty of confiscation of the illegal earnings. In case the illegal earnings are above RMB500,000, a penalty will be imposed in the amount more than twice but less than five times of the earnings. In case the illegal earnings are less than RMB500,000, a penalty will be imposed between RMB200,000 and RMB1,000,000.
An order to correct or in a serious case to suspend business for rectification (instead of an administrative fine) shall be issued to international container transport operators or international general cargo carrier operators by provincial transport management administrationsif they don’t have vessels suitable for the relevant business.
4. Deposit and registration of B/L is no longer required for NVOCC
NVOCC do not need to place deposit or register copy of B/L any more with the transport management administration of the State Council.
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