CHINA Trends and Developments Contributed by: Chen Leiming, Yuan Yuan and Tingxin Yu, Kangda Law Firm
Kangda Law Firm 29/F, Leatop Plaza 32 Zhujiang East Road Guangzhou 510623 China
Tel: +86 20 3739 2666 Fax: +86 20 3739 2866 Email: guangzhou@kangdalawyers.com Web: www.kangdalawyers.com
Unification of legal application for international and domestic carriage of goods by sea The revised Maritime Code removes paragraph 2 of Article 2 of the current Code, which stipulates that “The provisions of Chapter IV of this Code concerning contracts of carriage of goods by sea shall not apply to the maritime transport of goods between the ports of the People’s Republic of China”. Instead, Article 43 now states that “A contract of carriage of goods by sea includes both international contracts of carriage of goods by sea and domestic contracts of carriage of goods by sea between ports of the People’s Republic of China”. Although the revised Maritime Code uniformly reg - ulates both international and domestic carriage of goods by sea, it provides different provisions for international and domestic carriage regarding the car - rier’s obligation of due diligence, delay in delivery and exemptions from liability. These distinctions are stipu - lated in Articles 48, 51 and 52 of the revised Maritime Code, respectively. Appropriate adjustment of the rights and obligations of parties involved in maritime activities To address the practical needs of shipping and trade development under new circumstances, reasonably allocate responsibilities and risks, and foster clearer and more stable market expectations, the revised Maritime Code appropriately adjusts the rights and obligations of parties involved in maritime activities. The main adjustments are as follows.
Brief Introduction to the Amendments to the Maritime Code of the People’s Republic of China This year marks a critical milestone in the evolution of China’s maritime legal framework. On 28 October 2025, the 18th Session of the Standing Committee of the 14th National People’s Congress passed the newly amended Maritime Code of the People’s Republic of China (the “revised Maritime Code”). Consisting of 16 chapters and 310 articles, the revised Maritime Code will officially come into effect in China on 1 May 2026. This revision represents the first comprehensive amendment since the implementation of the cur - rent Maritime Code over 30 years ago, undertaken to adapt to new economic circumstances and legal developments. The amendments primarily focus on the following five aspects: • unifying the legal application for domestic and international carriage of goods by sea; • appropriately adjusting the rights and obligations of parties involved in maritime activities; • accommodating the practical needs for electronic shipping documents; • meeting new requirements for improving the legal system for ship pollution prevention in line with marine environmental protection; and • refining the rules concerning the application of law in foreign-related matters. The specific amendments are as follows.
167 CHAMBERS.COM
Powered by FlippingBook