Regulations of the People's Republic of China on the Registration of Vessels (Revised in 2014)
Regulations of the People's Republic of China on the Registration of Vessels (Revised in 2014)
Regulations of the People's Republic of China on the Registration of Vessels (Revised in 2014)
Order of State Council No. 653
July 29, 2014
(Promulgated under the Order of the State Council of the People’s Republic of China [155] dated June 2, 1994, and amended under the Decision of the State Council to Amend Certain Administrative Regulations dated July 29, 2014)
Chapter I General Provisions
Article 1 These Regulations are enacted with a view to strengthening the supervision and control over vessels by the State, and safeguarding the legitimate rights and interests of the parties involved in the registration of vessels.
Article 2 The following vessels shall be registered in accordance with the provisions of these Regulations:
1. vessels owned by citizens of the People's Republic of China whose residences or principal places of business are located within the territory thereof;
2. vessels owned by enterprises with legal person status established under the laws of the People's Republic of China and whose principal places of business are located within the territory thereof, provided that foreign investment is involved, the proportion of registered capital contributed by Chinese investors shall not be less than 50 percent;
3. service vessels of the Government of the people's Republic of China and vessels owned by institutions with legal person status;
4. other vessels whose registration is deemed necessary by the competent authority of harbor superintendence of the People's Republic of China. Military vessels, fishery vessels and sports craft shall be registered in compliance with the provisions of the relevant laws and regulations.
Article 3 Sailing vessels are allowed to fly the national flag of the People's Republic of China after being registered and granted the nationality of the People's Republic of China. No vessel may fly the national flag of the People's Republic of China without being registered during navigation.
Article 4 A vessel shall not have dual nationality. A vessel registered abroad shall not be granted the Chinese nationality unless its former registration of nationality has already been suspended or deleted.
Article 5 The acquisition, transference or extinction of the ownership of a vessel shall be registered at the vessel registration administration; no acquisition, transference or extinction of the vessel's ownership shall be effective as against a third party unless registered. Where a vessel is jointly owned by two or more legal persons or individuals, the joint ownership thereof shall be registered at the vessel registration administration. The joint ownership of the vessel shall not act against a third Party unless registered.
Article 6 The establishment, transference or extinction of vessel mortgage or bare boat chartering shall be registered at the vessel registration administration. No mortgage or bare boat chartering shall be effective as against a third party unless registered.
Article 7 Vessels of Chinese nationality shall be manned by Chinese citizens. In case it is necessary to recruit foreign seafarers, their employment shall be approved by the competent authority of transport and communications under the State Council. Seafarers on board vessels of Chinese nationality who are required to possess certificates of competency shall hold the appropriate certificates of competency issued by the People's Republic of China.
Article 8 The harbor superintendence administration of the People's Republic of China is the competent authority in charge of registration of vessels. The harbor superintendence administrations at various ports are the proper agencies conducting the registration of vessels (hereinafter referred to as the vessel registration administration). The scope of authority thereof shall be defined by the harbor superintendence administration of the People's Republic of China.
Article 9 The port where a vessel is registered shall be the port of registry of the vessel. The owner of a vessel may choose a port closer to his residence or his principal place of business as the port of registry, but he is not allowed to choose two or more ports as the port of registry.
Article 10 Each vessel shall have only one name. The name of a vessel shall be checked and approved by the vessel registration administration at its port of registry. A vessel's name shall not be the same as any of those that have already been registered, neither in wording nor in pronunciation.
Article 11 The vessel registration administration shall establish a register of vessels. The register of vessels shall be accessible to those having an interest therein.
Article 12 With respect to a state-owned vessel operated by an enterprise owned by the whole people having a legal person status granted by the State, the provisions of these Regulations concerning the vessel owner shall be applicable to that legal person.
Chapter II Registration of Ownership of Vessels
Article 13 A vessel owner applying for registration of the ownership of a vessel shall present the vessel registration administration at the port of registry with the documents evidencing his legal status, and submit the originals and copies of the documents evidencing his ownership over the vessel and the technical information thereof. For the registration of ownership of a vessel purchased, the following documents shall be submitted:
1. seller's invoice, sales contract and delivery document;
2. document issued by the vessel registration authority at the original port of registry certifying the deletion of the ownership;
3. document evidencing that the vessel is not under mortgage or that the mortgagees agree to the transference of the mortgaged vessel.
For the registration of ownership of a newly-built vessel, the contract of vessel construction and the delivery document shall be submitted. For the registration of ownership of a vessel under construction, the contract of vessel construction shall be submitted. For the registration of ownership of a vessel built by oneself for one's own use, a document evidencing the procurement of ownership shall be submitted. For the registration of ownership of a vessel procured through heritage, presentation, auction under legal process, or court judgment, a document with appropriate legal effect evidencing the vessel's ownership shall be submitted.
Article 14 The vessel registration administration, having examined and verified the application for registration of ownership, shall issue to the vessel owner whose application meets the requirements of these Regulations the Certificate of Registration of Vessel's Ownership within 7 days after the date of receipt of the application, whereupon an official registration number shall be assigned to the registered vessel and the following particulars shall be recorded in the Register of Vessels:
1. vessel's name and its call sign;
2. the port of registry, official registration number and identification mark of the vessel;
3.
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Order of State Council No. 653
July 29, 2014
(Promulgated under the Order of the State Council of the People’s Republic of China [155] dated June 2, 1994, and amended under the Decision of the State Council to Amend Certain Administrative Regulations dated July 29, 2014)
Chapter I General Provisions
Article 1 These Regulations are enacted with a view to strengthening the supervision and control over vessels by the State, and safeguarding the legitimate rights and interests of the parties involved in the registration of vessels.
Article 2 The following vessels shall be registered in accordance with the provisions of these Regulations:
1. vessels owned by citizens of the People's Republic of China whose residences or principal places of business are located within the territory thereof;
2. vessels owned by enterprises with legal person status established under the laws of the People's Republic of China and whose principal places of business are located within the territory thereof, provided that foreign investment is involved, the proportion of registered capital contributed by Chinese investors shall not be less than 50 percent;
3. service vessels of the Government of the people's Republic of China and vessels owned by institutions with legal person status;
4. other vessels whose registration is deemed necessary by the competent authority of harbor superintendence of the People's Republic of China. Military vessels, fishery vessels and sports craft shall be registered in compliance with the provisions of the relevant laws and regulations.
Article 3 Sailing vessels are allowed to fly the national flag of the People's Republic of China after being registered and granted the nationality of the People's Republic of China. No vessel may fly the national flag of the People's Republic of China without being registered during navigation.
Article 4 A vessel shall not have dual nationality. A vessel registered abroad shall not be granted the Chinese nationality unless its former registration of nationality has already been suspended or deleted.
Article 5 The acquisition, transference or extinction of the ownership of a vessel shall be registered at the vessel registration administration; no acquisition, transference or extinction of the vessel's ownership shall be effective as against a third party unless registered. Where a vessel is jointly owned by two or more legal persons or individuals, the joint ownership thereof shall be registered at the vessel registration administration. The joint ownership of the vessel shall not act against a third Party unless registered.
Article 6 The establishment, transference or extinction of vessel mortgage or bare boat chartering shall be registered at the vessel registration administration. No mortgage or bare boat chartering shall be effective as against a third party unless registered.
Article 7 Vessels of Chinese nationality shall be manned by Chinese citizens. In case it is necessary to recruit foreign seafarers, their employment shall be approved by the competent authority of transport and communications under the State Council. Seafarers on board vessels of Chinese nationality who are required to possess certificates of competency shall hold the appropriate certificates of competency issued by the People's Republic of China.
Article 8 The harbor superintendence administration of the People's Republic of China is the competent authority in charge of registration of vessels. The harbor superintendence administrations at various ports are the proper agencies conducting the registration of vessels (hereinafter referred to as the vessel registration administration). The scope of authority thereof shall be defined by the harbor superintendence administration of the People's Republic of China.
Article 9 The port where a vessel is registered shall be the port of registry of the vessel. The owner of a vessel may choose a port closer to his residence or his principal place of business as the port of registry, but he is not allowed to choose two or more ports as the port of registry.
Article 10 Each vessel shall have only one name. The name of a vessel shall be checked and approved by the vessel registration administration at its port of registry. A vessel's name shall not be the same as any of those that have already been registered, neither in wording nor in pronunciation.
Article 11 The vessel registration administration shall establish a register of vessels. The register of vessels shall be accessible to those having an interest therein.
Article 12 With respect to a state-owned vessel operated by an enterprise owned by the whole people having a legal person status granted by the State, the provisions of these Regulations concerning the vessel owner shall be applicable to that legal person.
Chapter II Registration of Ownership of Vessels
Article 13 A vessel owner applying for registration of the ownership of a vessel shall present the vessel registration administration at the port of registry with the documents evidencing his legal status, and submit the originals and copies of the documents evidencing his ownership over the vessel and the technical information thereof. For the registration of ownership of a vessel purchased, the following documents shall be submitted:
1. seller's invoice, sales contract and delivery document;
2. document issued by the vessel registration authority at the original port of registry certifying the deletion of the ownership;
3. document evidencing that the vessel is not under mortgage or that the mortgagees agree to the transference of the mortgaged vessel.
For the registration of ownership of a newly-built vessel, the contract of vessel construction and the delivery document shall be submitted. For the registration of ownership of a vessel under construction, the contract of vessel construction shall be submitted. For the registration of ownership of a vessel built by oneself for one's own use, a document evidencing the procurement of ownership shall be submitted. For the registration of ownership of a vessel procured through heritage, presentation, auction under legal process, or court judgment, a document with appropriate legal effect evidencing the vessel's ownership shall be submitted.
Article 14 The vessel registration administration, having examined and verified the application for registration of ownership, shall issue to the vessel owner whose application meets the requirements of these Regulations the Certificate of Registration of Vessel's Ownership within 7 days after the date of receipt of the application, whereupon an official registration number shall be assigned to the registered vessel and the following particulars shall be recorded in the Register of Vessels:
1. vessel's name and its call sign;
2. the port of registry, official registration number and identification mark of the vessel;
3.
......