Chapter IGeneral Provisions
Article 1 To improve the administration of and services for international vessels in Shenzhen Special Economic Zone, expand the opening-up of the shipping industry to the outside world, and promote the agglomeration of relevant factors for the high-quality development of the ocean shipping industry, these Regulations are formulated in accordance with the foundational principles specified in relevant laws and administrative regulations and in light of the specific circumstances in Shenzhen Special Economic Zone.
Article 2 These Regulations shall apply to the inspection, registration, crew management, operation and supporting services related to international vessels and their management within Shenzhen Special Economic Zone.
International vessels as mentioned in these Regulations refer to the vessels registered in Shenzhen Special Economic Zone with the port of registry registered as “Qianhai, China” and sailing on international routes or routes to Hong Kong, Macao or Taiwan.
Article 3 The services for and administration of international vessels shall follow the principles of inclusiveness, fairness, efficiency and convenience. The system for international vessel registration and other supporting systems shall be constantly optimized.
Article 4 Shenzhen Municipal People’s Government shall advance the holistic administration of the ocean shipping industry and related industries, formulate customized supporting policies, optimize the business environment, ensure smooth cooperation channels, and address major issues in industrial development in a coordinated manner.
The municipal and district people’s governments may support the high-quality development of the marine industry such as ocean shipping through discount loans, incentives and the establishment of foundations.
Article 5 Shenzhen Municipal People’s Government shall, together with the maritime administration, promote the establishment of an international vessel registration center in Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone for the registration of international vessels and maritime facilities, publicity and counseling service for the policies on international vessels and ocean shipping, comprehensive quality tracking, evaluation and services of international vessels, and other relevant assignments entrusted or authorized by the state, Shenzhen Municipal People’s Government or its authorities or the maritime administration.
Article 6 Shenzhen’s maritime administration shall be responsible for the maritime services and administration of international vessels such as registration, inspection, management, safety supervision, pollution prevention and control, and protection of crew members’ rights and interests.
Shenzhen Customs shall ensure the faithful implementation of preferential policies on import and export taxes on international vessels.
The municipal transport authority shall be responsible for the operation and administration of international vessels.
The municipal authorities of development and reform, science, technology and innovation, justice, finance, human resources and social security, urban planning and natural resources, ecology and environment, tax service and talent affairs shall ensure effective services for and administration of international vessels within their respective duties.
Article 7 It is encouraged to apply satellite communications, cloud computing, artificial intelligence, Internet of Things, and green and clean fuel on international vessels and in the ocean shipping industry, so as to realize intelligent international vessels, more extensive technological applications, and safe, green and efficient ocean shipping.
It is encouraged to propel the development of marine and traffic engineering equipment manufacturing, high-quality marine and shipping industry clusters, the cruise industry, the efficient and deep integration of the manufacturing of international vessels and marine engineering equipment and service industries, and the high-quality development of the marine economy.
It is encouraged to establish a system for cultivating all-round professionals for ocean shipping and increase channels to introduce professions. Various high-level talent training platforms shall also be established to train professional and international ocean shipping management talents based on favorable talent introduction and incentive policies.
Whoever engages in international vessel-related business may enjoy relevant industrial support policies of Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone in accordance with relevant regulations.
Chapter II Vessel Inspection
Article 8 International vessels shall be inspected according to the law by Chinese vessel inspection institutions with corresponding qualifications or by foreign vessel inspection institutions that meet relevant requirements.
Article 9 It is encouraged that foreign vessel inspection institutions set up enterprises, branches or resident representative offices in this municipality according to the law.
Article 10 Foreign vessel inspection institutions approved by the national maritime administration may conduct international vessel class inspections.
Article 11 Foreign vessel inspection institutions authorized by the national maritime administration may conduct the statutory inspection of international vessels.
Article 12 If the imported vessel to go through international vessel registration is an old vessel, the Chinese vessel inspection institution or the authorized foreign vessel inspection institution may conduct a technical inspection of the old vessel and issue the corresponding old vessel import inspection report.
Article 13 A foreign vessel inspection institution that has been approved or authorized shall select a competent inspector for international vessel inspection on behalf of the institution.
Article 14 Shenzhen’s maritime administration shall supervise the inspection of international vessels according to the law.
Chapter III Vessel Registration
Section 1 General Rules
Article 15 Those who may apply for international vessel registration for the vessels owned by them or under bareboat charter or finance lease include:
(1) Incorporated and unincorporated organizations whose offices are located in this municipality;
(2) Chinese citizens residing in this municipality.
If an enterprise lawfully incorporated in this municipality applies for international vessel registration, the proportion of its foreign shareholding shall not be restricted.
Article 16 Types of international vessel registration include:
(1) Registration of ownership;
(2) Registration of nationality;
(3) Registration of mortgage;
(4) Registration of bareboat charter;
(5) Registration of finance lease;
(6) Registration of alteration;
(7) Registration of closure of registration;
(8) Registration of correction or objection;
(9) Other types prescribed by the state.
Article 17 Shenzhen’s maritime administration shall formulate the working procedures and format texts for international vessel registration and make them available to the public on government websites and through other channels.
Certificates and licenses that can be verified on government information sharing platforms shall be exempt from submission. The list of materials exempted from submission shall be determined by the international vessel registry and made available to the public.
Article 18 The applicant shall submit necessary materials for registration and use the format text. If the original application material is in a foreign language, a Chinese translation shall be attached.
The applicant shall be responsible for the authenticity, legality and validity of the submitted materials and promise that the submitted materials comply with relevant regulations. Whoever makes false promises shall bear corresponding legal responsibilities.
Article 19 The applicant may entrust another party for international vessel registration. The entrusted shall submit a power of attorney signed by the principal to the international vessel registry.
Article 20 The power of attorney and other application materials that are formed abroad shall conform to national regulations on the certification of foreign-related civil evidentiary materials.
Article 21 The international vessel registry shall conduct a pro forma examination on application materials, except as otherwise provided by the law.
If all necessary application materials have been submitted, the international vessel registry shall accept the application. The international vessel registry shall register the vessel within three working days from the date of accepting the application if the application materials meet the statutory forms and requirements after the examination.
If not all necessary application materials have been submitted or the application materials do not conform to the statutory forms, the international vessel registry shall notify the applicant only one time of the other documents that shall be supplemented on the spot or within one working day.
Article 22 Under any of the following circumstances, the international vessel registry shall, within three working days from the date of accepting the application, decide not to register the vessel and inform the reason in writing:
(1) The applicant fails to provide the certificate of rights, or the item applied for registration is inconsistent with the item specified in the certificate of rights;
(2) A third party claims an unsettled ownership dispute and provides evidence;
(3) The item for which the applicant applies for registration conflicts with the content of a registration certificate that has been issued;
(4) National security or social public interests may be damaged;
(5) Other circumstances in violation of laws, rules or regulations.
Article 23 International vessel registration certificates include the certificate of vessel’s ownership and the certificate of vessel’s nationality.
The registration certificate of vessel’s ownership shall record such information about the vessel as ownership, mortgage, bareboat charter, finance lease, alteration, closure of registration, correction and objection.
The international vessel registry may, in accordance with relevant regulations, provide the certificate of vessel’s ownership for the owner of the international vessel.
Article 24 The international vessel registry may issue paper certificates or electronic certificates, with both bearing the same legal effects.
Article 25 The international vessel registry shall keep an international vessel register to record relevant registration matters of international vessels.
The international vessel register shall be made in the prescribed form and record the following matters:
(1) The vessel’s name, call sign, identification number and main technical data;
(2) Name of the builder, building date and place;
(3) Port of registry and vessel registration number;
(4) The vessel’s former name, former port of registry and the date of closure or suspension of original vessel registration;
(5) Name, address and legal representative of the vessel owner;
(6) Method and date of acquiring the vessel’s ownership;
(7) Date of registering the vessel’s ownership;
(8) If the vessel is jointly owned by several persons, the joint ownership of all co-owners shall be specified;
(9) If the vessel is under finance lease, the type of finance lease, the rent, the lease term and the name, address and legal representative of the lessee shall be specified;
(10) If the vessel is under bareboat charter, the name, address and legal representative of the bareboat lessee shall be specified;
(11) If the vessel has been mortgaged, the mortgage information shall be specified;
(12) Registration of correction and objection;
(13) Name, job, address and contact number of the contact person for vessel management;
(14) Items where assistance shall be offered to the judicial authorities in enforcement according to the law.
Article 26 The international vessel owner, bareboat lessee or finance lessee shall designate a contact person for vessel management, who shall receive legal documents and information, liaise with the international vessel registry, and handle relevant matters as authorized. If the contact person for vessel management changes, the international vessel registry shall be notified promptly.
Article 27 The registration of ownership, nationality, mortgage, bareboat charter, alteration and closure of registration of international vessels shall comply with the requirements of the Regulations of the People’s Republic of China on Vessel Registration, with relevant materials provided.
Section 2 Registration Items
Article 28 To apply for international vessel registration, the vessel’s identification number, Chinese name and English name shall be provided.
The meaning of the vessel’s name shall not violate relevant laws, rules or regulations.
English words may be used in the English name of the vessel.
Article 29 For an international vessel to be registered, the vessel’s number of International Maritime Organization may be used to reserve a vessel name.
Whoever fails to apply for international vessel registration within six months from the date of verification of the reserved name shall no longer enjoy the priority to use the reserved vessel name.
Article 30 An international vessel may use the IMO number for provisional vessel ownership registration before obtaining a vessel identification number.
If the international vessel owner cannot submit the original certificate of vessel’s ownership for the time being, he may use the photocopy to register the temporary ownership of the vessel.
Article 31 The validity period of the provisional certificate of vessel’s ownership shall be 30 days. The international vessel owner may apply to the international vessel registry for extending the validity period of the provisional certificate of vessel’s ownership before its expiry. If relevant requirements are met, the international vessel registry shall extend the validity period for a period not exceeding 30 days.
When the validity period of the provisional certificate of vessel’s ownership expires or ownership registration has been completed, the provisional certificate of vessel’s ownership shall automatically become invalid.
Article 32 If the mortgagee applies for the registration of mortgage with the provisional certificate of vessel’s ownership, the mortgagee shall submit a letter of confirmation to confirm that he is aware that the original certificate of vessel’s ownership has not been submitted to the international vessel registry.
The validity period of the certificate of mortgage registration issued based on the provisional certificate of vessel’s ownership shall be within the validity period of the provisional certificate of vessel’s ownership.
Article 33 During the mortgage period, if the vessel ownership has been transferred, the mortgagor and the mortgagee shall jointly apply to the international vessel registry for registration with the certificate of vessel’s ownership transfer. If the parties have agreed otherwise on the transfer of vessel ownership during the mortgage period, such agreement shall apply.
If relevant requirements are met after review, the international vessel registry shall issue a new registration certificate of vessel’s ownership to the international vessel and add relevant information to the international vessel register.
Article 34 If the vessel’s port of registry is changed from an overseas port to “Qianhai, China”, the vessel owner may apply for provisional nationality using the certificate of vessel’s nationality cancellation of the previous port of registry and the vessel technical certificate issued by an authorized Chinese or international vessel inspection institution within the validity period. If relevant requirements are met, the international vessel registry shall issue a provisional certificate of vessel’s nationality with a validity period of 30 days, which shall be counted from the date of issuance of the provisional certificate of vessel’s nationality.
If the vessel’s port of registry is changed from another Chinese port to “Qianhai, China” but the original certificate of vessel’s nationality cancellation of the previous port of registry cannot be provided for the time being, the vessel owner may apply for provisional nationality using the notification on accepting the application for canceling vessel nationality issued by the previous port of registry and the vessel inspection certificate within the validity period. If relevant requirements are met, the international vessel registry shall issue a provisional certificate of vessel’s nationality with a validity period of 30 days, which shall be counted from the date of issuance of the certificate of vessel’s nationality cancellation by the previous port of registry.
The vessel owner may apply to the international vessel registry for extending the validity period of the provisional certificate of vessel’s nationality before its expiry. If relevant requirements are met, the international vessel registry shall extend the validity period for a period not exceeding 30 days.
Article 35 The lessor and the lessee shall jointly apply to the international vessel registry for registering finance lease and submit the vessel finance lease contract and other application materials.
The jural relationship between the lessor and the lessee in the registration of finance lease shall be determined according to the finance lease contract signed by both parties.
Article 36 If there is an alteration of the registered item and such alteration shall be registered in accordance with laws, rules or regulations, the international vessel owner or lessee shall, within 30 days from the date of such alteration, apply to the international vessel registry for registration of alteration. Where laws, rules or regulations provide otherwise for the time limit for registration of alteration, such provisions shall prevail.
Article 37 If the owner or stakeholder considers that a registered item is wrong, he may apply for registration of correction. If the owner specified in the international vessel register agrees in writing to make the correction or there is evidence to prove that the registered item is wrong, the international vessel registry shall make the correction.
If the owner specified in the international vessel register does not agree to the correction, the stakeholder may apply for registration of objection. If the international vessel registry registers the objection but the applicant fails to file a lawsuit or arbitration within 15 days from the date of registration of objection, the registration of objection shall become invalid. For the same matter, if there is no new evidence, the same stakeholder can apply for registration of objection only once. If inappropriate registration of objection causes damage to the owner, the owner may claim indemnity from the applicant according to the law.
Article 38 If an international vessel falls into any of the following circumstances, the vessel owner shall apply for vessel’s nationality cancellation:
(1) The validity period of the certificate of vessel’s nationality has expired but has not been renewed;
(2) The vessel no longer meets the requirements for international vessel registration under these Regulations;
(3) The vessel is lost, destroyed or scrapped;
(4) Other circumstances where the vessel’s nationality shall be canceled according to laws, rules or regulations.
If the vessel is lost or scrapped but the vessel owner fails to apply for closure of registration within the time limit, the international vessel registry may issue a notice on compulsory closure of registration. If the vessel owner fails to raise an objection within 60 days from the date of publication of the notice, or if the objection is untenable after review, the international vessel registry may cancel the vessel’s nationality.
Article 39 Anyone may inquire and copy the basic information of the vessels recorded in the international vessel register according to the law.
Owners and stakeholders may, in accordance with the law, inquire and copy ownership registration information recorded in the international vessel register, such as vessel mortgage and finance lease.
Relevant state organs may, in accordance with the law, inquire and copy registration information recorded in the international vessel register related to the matters under investigation.
Article 40 The international vessel registry shall provide convenient and efficient international vessel registration, inquiry and policy counseling on information platforms such as electronic service platforms.
Chapter IV Crew Management
Article 41 A crew member serving on an international vessel shall hold a health certificate that meets relevant regulations, as well as the certificate of competency (COC) for crew members issued by the maritime administration or the visa for COC recognition.
Article 42 According to the actual staffing needs of the international vessel and with the consent of the competent transport authority under the State Council, Shenzhen’s maritime administration may increase the number of countries or regions that can issue the visa for COC recognition for crew members and report this to the national maritime administration for filing and publishing.
Article 43 Whoever intends to serve on an international vessel and applies for the visa for COC recognition for captain, first mate, chief engineer or second engineer shall, with the consent of the national maritime administration, be exempted from training and assessment on maritime traffic safety, prevention and control of maritime pollution by vessels and other aspects.
Article 44 In accordance with the actual needs of a specific vessel such as a large cruise vessel, liquefied gas vessel or special ocean engineering vessel during operations, a foreign crew member who has obtained the COC for captain or the visa for COC recognition for captain may serve as captain on the international vessel with the consent of the national maritime administration.
Article 45 A foreign crew member who serves on an international vessel shall be exempt from a work permit.
Article 46 Whoever conducts international vessel crew training stipulated by the state shall apply for and obtain a specific crew training license from the maritime administration. Review and approval shall be subject to relevant national regulations.
Shenzhen’s maritime administration may, according to the actual situation of international vessel crew training, develop, supervise and administer the market of international vessel crew training.
Chapter V Service and Guarantee
Article 47 Whoever engages in the international passenger vessel business or the international vessel transportation of dangerous liquid goods in bulk shall report to the transport authority for approval.
Article 48 Whoever engages in the international container vessel business or international transportation by general cargo vessels shall report to the transport authority for filing.
Article 49 The financial regulation authority shall encourage financial institutions to develop characteristic financial products and services for enterprises that engage in the maritime industry and provide financing services for them.
Article 50 It is encouraged that Chinese and foreign enterprises and institutions set up offices in this municipality to offer shipping insurance, finance lease, average adjustment, vessel trading, claim, claim settlement and guarantee for international vessels.
It is encouraged that ocean shipping enterprises that are incorporated in this municipality set up mutual insurance organizations and captive insurance companies in accordance with relevant regulations.
It is encouraged to promote RMB cross-border settlement reinsurance and green finance in the ocean shipping industry.
Article 51 Enterprises may turn to overseas financing or insurance for international vessels as needed.
Article 52 It is encouraged that enterprises engage in the international vessel financing business by policy financing, order financing, pledge loan of warehouse receipts, pledge loan of accounts receivable, equity pledge loan, and pledge loan of intellectual property rights.
If international vessel financing involves a deposit, insurance, letter of guarantee or letter of credit may be used instead.
Article 53 For international vessel financing that meets relevant requirements, foreign debts can be used for voluntary settlement.
Whoever engages in the international vessel chartering business may charge the rent in foreign currency in accordance with relevant national regulations.
Article 54 It is encouraged that Chinese and foreign investment institutions, financial institutions and ocean shipping enterprises set up finance lease enterprises in this municipality and engage in the vessel finance lease business.
Article 55 It is encouraged that banking and financial institutions provide convenient services for international vessels and related auxiliary enterprises that meet relevant requirements to pay the freight rates and related fees.
Article 56 Efforts shall be made to actively implement various preferential tax policies for international vessels in accordance with relevant plans for comprehensively deepening reform and opening up, and work hard for the goal where China will promulgate supporting tax policies related to the reform of international vessel registration.
Article 57 The international vessel registry shall conduct dynamic tracking and quality assessment of international vessels in performing their obligations in accordance with the law, such as safety, green development, environmental protection and protecting the rights and interests of crew members. Effective services and support shall also be provided.
Shenzhen’s maritime administration shall control the quality of international vessels, inspections by vessel inspection institutions, safety and pollution prevention and management of ocean shipping companies in accordance with the law.
Relevant authorities of Shenzhen Municipal People’s Government can grant preferential policies and convenient services related to international ocean shipping by referring to the quality control effects.
Article 58 Shenzhen Municipal People’s Government shall introduce professional legal service institutions and professionals that engage in maritime and maritime commerce cases to ensure that relevant parties can enjoy legal services in maritime and maritime commerce cases easily.
Overseas legal service institutions and professionals that engage in maritime and maritime commerce cases may, upon approval, establish offices in this municipality to offer legal services for international maritime and maritime commerce cases.
Article 59 It is encouraged that Shenzhen’s maritime administration joins the research, formulation and revision of international maritime rules and standards.
It is encouraged that enterprises, schools, scientific research institutions, industry associations and individuals join the formulation of rules and standards related to international vessels and the ocean shipping industry.
Article 60 A professional international platform shall be established for Chinese and foreign dispute resolution institutions to work together to resolve maritime and maritime commerce disputes related to international vessels.
Chapter VILegal Liabilities
Article 61 Whoever submits a false material or conceals a material fact in another fraudulent way when applying for international vessel registration and fails to complete international vessel registration shall be ordered by Shenzhen’s maritime administration to make corrections and fined not less than 20,000 yuan but not more than 200,000 yuan. Those who have completed international vessel registration shall have international vessel registration revoked by Shenzhen’s maritime administration and be fined not less than 40,000 yuan but not more than 400,000 yuan. If a crime is constituted, criminal responsibilities shall be investigated according to the law.
Article 62 In violation of Article 36 of these Regulations, whoever fails to apply for registration of alteration within the prescribed time when there is an alteration in the registered item shall be ordered by Shenzhen’s maritime administration to make corrections and fined not less than 3,000 yuan but not more than 30,000 yuan.
Article 63 In case of violation of these Regulations, if no punishment is prescribed in these Regulations but laws or administrative regulations provide otherwise, such provisions shall prevail.
Chapter VIISupplementary Provisions
Article 64 If a yacht applies for registering the port of registry as “Qianhai, China”, these Regulations shall apply by reference.
Article 65 These Regulations shall come into force on March 1, 2024.
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