Revised interpretation of the Working Procedures for Ship Registration (2024 edition)
On March 4, 2024, the Maritime Safety Administration of the Ministry of Transport issued the Working Regulations on Ship Registration (hereinafter referred to as the "Regulations" (2024 version)). The Regulations (2024 version) shall come into force on April 10, 2024. (Click to read: Notice on issuing the Working Procedures for Ship Registration)
1. Revised background
In recent years, the promulgation of the Civil Code has made great adjustments to the contents of civil subjects and real rights. The special rectification experience of cancelling unregistered ships needs to be consolidated by regular and institutionalized measures; The application of information system provides more possibilities for optimizing shipping business environment. Internal and external reforms also require adjustments and convergence to existing regulations. Therefore, the Maritime Safety Administration of the Ministry of Transport has revised the current "Regulations" to further promote the quality and efficiency of ship registration work, benefit enterprises and facilitate the people.
Ii. Main revisions
Key one: Implement the requirements of the Civil Code
Key two: Strengthen the long-term management of cancelling unregistered ships
Priority three: Improving the business environment
Key four: Deepen business reform and achieve solid results
Key one: Implement the requirements of the Civil Code
1. To further clarify the subject of ship ownership registration, the branch of a legal person can apply for ship ownership registration in its own name.
In order to adapt to market demand and changes, and in accordance with the classification of civil subjects in the Civil Code and the relevant provisions on branches of legal persons, the Code (2024) defines the subjects of ship ownership registration as Chinese citizens, legal persons and unincorporated organizations established in China according to law; At the same time, the branches established by legal persons may apply for registration of ownership of ships in their own names.
2. Add the relevant provisions on the transfer of ship ownership during the period of ship mortgage. The transfer of ship ownership during the period of mortgage does not affect the registered ship mortgage.
In order to serve the financing needs of shipping companies and do a good job of landing the relevant provisions of the Civil Code, the Regulations (2024 version) have made provisions on the transfer of ownership during the period of ship mortgage. First, when the ship applies for the registration of ship mortgage, the mortgagor parties shall submit a written document on whether the transfer of ship ownership is allowed during the mortgage period. Second, when registering the cancellation of ownership, the original owner of the ship shall submit proof that the mortgagee has known the transfer of the ship. The ship registration authority shall cancel the registration of the ownership of the ship, but not the registration of the mortgage of the ship. Third, when the owner of the new ship registers the ownership, he shall submit the explanatory materials that he has known the registration of the mortgage of the ship. At present, the ship registration authority will put the registered ship mortgage situation into the ship register and the ship ownership registration certificate, indicate the name of the ship registration authority handling the ship mortgage registration, and note the ship ownership change information on the mortgage registration certificate.
If, at the time of registration of mortgage, the mortgagor parties do not expressly agree to the transfer of the ship during the mortgage period or the mortgagee expressly disagrees with the transfer of the ship during the mortgage period, if the ship needs to transfer ownership during the mortgage period, the original owner of the ship shall submit the proof of the mortgagee's consent to the transfer of the ship when applying for registration of cancellation of ownership.
3. Clarify the relevant provisions on ship ownership transfer during the bareboat charter period, implement the spirit of "sale does not break the lease", and protect the legitimate rights and interests of bareboat charterers.
In order to further implement the relevant provisions of the Civil Code that "the sale shall not break the charter" and protect the legitimate rights and interests of the bareboat charterer, the Regulations (2024 version) specify that if the ship transfers the ownership of the ship during the bareboat charter period but does not apply for cancellation of the bareboat charter registration, the current ship registration authority shall record the registered bareboat charter information of the ship in the ship register and the ship ownership registration certificate. Indicate the name of the ship registration authority handling the bareboat charter registration, and note the change information on the original bareboat charter registration certificate.
Key two: Strengthen the long-term management of cancelling unregistered ships
1. Classification and refinement of ship cancellation registration certification documents, standardize cancellation requirements.
The Regulations (2024 version) specify the certification materials required for the cancellation of registration of ship ownership under different circumstances, such as ship dismantling, sinking, missing, changes in the applicable registration system, and no longer being used on water. For example, ship dismantling certification materials refer to the ship dismantling contract or scrap ship acquisition contract, ship dismantling photos or shipyard dismantling certification documents.
2. Increase the collection, verification and transmission of deregistered ship information, and realize the "relay" of deregistered ship supervision by ship registration authorities on and off the port.
For ships that need to be re-registered for ship transactions to China, the Regulations (2024 version) require the original ship owner to provide the new ship owner's information, contact information and ship location information when applying for ship deregistration, and the ship registration authority to verify the current ship berth location through the relevant information system. After the ship registration authority completes the registration of ship ownership cancellation, on the one hand, the cancellation information will be pushed to the maritime administration agency directly under the ship's location or the unit or department set up by the local people's government at all levels to assume the responsibility of water traffic safety supervision, on the other hand, the cancellation information will be pushed to the next port ship registration authority. After receiving the cancellation information pushed by the system, the next port registration authority will track the new registration of the cancelled ship, supervise it, and dispose of it according to regulations, so as to realize the "relay" of the supervision of the cancelled ship by the ship registration authority on and off the port.
3. Increase the procedures for ship registration authorities to actively cancel the nationality registration of ships, and realize the closed-loop management of administrative licensing.
According to Article 10 of the Maritime Traffic Safety Law and other relevant provisions, the Regulations (2024 version) adds four circumstances under which the registration authority can take the initiative to cancel the nationality registration of a ship: (1) where the ship has been lost (including ship dismantling, ship sinking) but has not taken the initiative to apply for cancellation within the time limit; (2) The ship has been scrapped but has not taken the initiative to apply for cancellation within the time limit; (3) The ship's nationality registration is revoked or withdrawn in accordance with law, or the ship's nationality certificate is revoked; (4) The ship's nationality certificate has expired but has not applied for renewal.
Priority three: Improving the business environment
(1) Expand the scope of application of the measures to facilitate international ship registration in the Free Trade area, and make clear that specific searchable certificates and duplicate materials are exempt from submission.
In order to further improve registration efficiency, reduce the number of trips by enterprises and the public, and provide convenience services such as electronic license invocation, the Regulations (2024 version) will expand the service measures originally only applicable to the international ship registration in the pilot Free Trade Zone to all ships, and clarify that certificates issued by maritime authorities or ship inspection agencies that can be queried through the information system are exempt from submission; Where other maritime business is handled at the same time when the ship registration is handled, the materials that have already been submitted shall not be resubmitted.
2. Straighten out the cross-business handling process and delete the "ship call sign" item on the ship ownership certificate.
The "Regulations" (2024 version) deleted the content of "ship call sign" on ownership certificates, ship mortgage registration certificates, bareboat charter registration certificates and other ownership certificates. The "ship's call sign" is recorded only on the ship's nationality certificate. When a shipowner applies for a certificate of nationality of a ship, the ship registration authority shall directly invoke the ship's call sign information obtained by the ship through the system.
3. Expand the subject of ship registration information inquiry, and more ship information inquiry needs are met.
Taking into account the needs of potential ship traders, charterers, and financing banks to query information about ship ownership, mortgage, and seizure in practice, the Regulations (2024) adds a new category of inquiry subjects, that is, "have the intention to buy, sell, lease, or mortgage the ship, or plan to apply for the court to arrest the ship or initiate relevant litigation, arbitration, etc." But unable to provide proof of interest ". This part of the inquiry subject can inquire the owner of the ship and whether there is a common situation, whether the ship has a mortgage registration, whether there is a seizure registration or other restrictive disposition, to meet its needs of understanding the ship information and ensuring the safety of the transaction.
Key four: Deepen business reform and achieve solid results
1. Adjust the ship name approval procedure, the ship name is reserved first, and then approved.
Before the ship name is officially approved, the "ship name reservation" section is added to the "Regulations" (2024 version), and the relevant parties can submit the "Ship Name Reservation Application Form" and the corresponding application materials online or offline to handle the ship name reservation. The name of the ship shall not be used by other ships during the validity period of the reservation. If the ship name is not registered within 24 months from the date of approval, the ship name will be released automatically. When the owner of the ship or the charterer of a ship of foreign nationality under bareboat charter goes through the formal registration formalities, the ship registration authority shall simultaneously approve the name of the ship reserved and record it in the corresponding ship registration certificate.
In addition, the Code (2024) provides that a ship owner may use the name of a ship that has been dismantled, sunk and registered for cancellation of ownership of the ship for its newly constructed ship.
2. Adjust the ship identification number granting procedure and increase the verification link of the direct office.
The ship identification number is the unique identifier of the ship for life and connects the whole life cycle process of the ship, which is of great significance. The "Regulations" (2024 version) added the verification link directly under the Maritime Bureau. The acceptance organ of the ship identification number is the branch of the maritime administration, after the initial examination, after the system check and report to the Maritime Administration of the Ministry of Transport for review step by step. The maritime Safety Administration directly under it shall verify the reported information. For the application of ship identification number accepted by the maritime safety administration directly under the maritime administration or not directly under the maritime system unit (such as the local water traffic safety management agency), the original review procedure remains unchanged, and after the initial examination is passed, the system is verified and submitted to the Maritime Safety Administration of the Ministry of Transport for review. If it is deemed necessary in the course of verification and review, the ship registration authority accepting the application for identification number may be required to submit materials for explanation.
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