CHINA Law and Practice Contributed by: John Wang, Xu Jun, Song Jia and Zhao Yuxuan, Wang Jing & Co
For registration of fishing vessels, the Measures of PRC on the Registration of Fishing Vessels shall apply. Competent Authority of Ship Registration The Ministry of Transport and the MSA handle the registration of vessels other than fishing ves - sels. The Ministry of Agriculture and the affiliated fish - ery administration handle the fishing vessels’ registration. 1.4 Requirements for Ownership of Vessels As a general rule, the vessels owned by domestic individuals and/or enterprises can be registered at the ship registration authorities. If an enter - prise possessing foreign capital is registering a vessel, it is required that the domestic capital be no less than 50% of the whole. As an exception, PRC authorities will accept registrations of international trading vessels filed by those China-invested enterprises or foreign- invested enterprises that are established in the free trade zones or Shenzhen in accordance with PRC law, and those filed by the wholly foreign-owned enterprises and wholly Hong Kong-Macao-Taiwan-owned enterprises that are established in accordance with the regime of free trade zones or Shenzhen specified by the State Council. The international trading vessels registered under this exceptional rule shall sail international routes and/or Hong Kong, Macao and Taiwan routes only. Furthermore, from 5 May 2022, for vessels reg - istered in Hainan free trade port, if they will carry out the service only within the Hainan free trade zone, there is no requirement for the minimum limit of domestic capital.
For the ownership registration of fishing vessels, domestic ownership is required. PRC law permits the registration of vessels that are still under construction. 1.5 Temporary Registration of Vessels PRC law permits the temporary registration of vessels. For vessels other than fishing vessels, temporary registration can be granted, and a temporary certificate of ship’s nationality can be obtained in the following circumstances: • for a ship newly built and to be sold overseas, the ship-owner may apply at the place of construction; • for a newly built ship purchased from over - seas, the ship-owner may apply at the local embassy or consulate of the PRC; • for a ship built in a place within the PRC other than its intended port of registry, the ship-owner may apply at the place of ship- building; • for a ship built overseas, the ship-owner may apply at the local embassy or consulate of the PRC; • for a ship bareboat-chartered overseas, the bareboat charterer may make the application; • for a second-hand ship bought from abroad, the ship-owner may apply at the place of its domicile or principal place of business; • for a change of port of registry due to the ship sale and purchase, the new ship-owner may apply at the new ship registration authority; • for a change of port of registry due to the change of the ship-owner’s domicile or the ship’s route, the ship-owner may apply at the original ship registration authority; and
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