CHINA Law and Practice Contributed by: John Wang, Xu Jun, Song Jia and Zhao Yuxuan, Wang Jing & Co
• if a ship’s nationality certificate is lost or con - taminated overseas, temporary registration may also be granted. For fishing vessels, normally the temporary reg - istration of the ship’s nationality will be granted by the ship registration authority if the fishing vessel is bareboat-chartered from abroad. If the ship’s nationality certificate is lost or missing overseas, temporary registration may also be granted. Dual nationality of a vessel is banned under PRC law. 1.6 Registration of Mortgages The mortgage of a ship may be registered in the MSA branch where the port of registry is located. The following documents are required for regis - tering a mortgage: • an application for mortgage registration in writing, executed by both parties; • a ship mortgage contract and its master contract; • a registered certificate or ship-building con - tract; • where a ship is owned by joint owners, the documents proving the agreement of the ship mortgage by all joint owners or joint owners holding more than two-thirds of the shares thereof; and • where a bareboat charter is registered, the documents proving the charterer’s agreement of the mortgage. In registering the mortgage of a ship under con - struction, except as provided for in the first four points above, an affidavit by the mortgagor shall be submitted, warranting that the ship is not reg - istered for mortgage in other ship registration
authorities nor that any law or regulation prohib - its the ship from being mortgaged. 1.7 Ship Ownership and Mortgages Registry The ship ownership and mortgages’ registry in the PRC is available to interested parties. Apart from the owners, the following entities and persons may apply to the competent authority to view the ship registration file as interested par - ties: • The obligee of a ship and its successor, recipient and legatee and their agents may each apply to the competent authority to view the ship registration file in their own name. • The national department of administration and politics, the department of discipline inspection and supervision, the auditing department and the arbitration institution may apply to the competent authority to view the ship registration file directly related to their work. • Law firms may apply to the competent authority to view the ship registration file in relation to the cases they are handling that have been formally accepted by the court. For the purpose of viewing the ship registration file, the following documents shall be submitted: • an application; • a certificate of identity or qualification of the ship obligee, and proof of the mortgage; • a certificate of identity or qualification of the successor, recipient or legatee, together with the materials proving the facts of the inherit - ance, gifting or legacy; • a power of attorney specifying the specific matters to be inquired about, and the identity certificate of the agent (for an agent inquiry);
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