"Regulations on Ship Transaction Management"

Article 1 These Regulations are formulated in accordance with the relevant laws and regulations of the State for the purpose of strengthening the management of ship transactions, regulating the conduct of ship trading operations, safeguarding the lawful rights and interests of the parties to ship transactions, ensuring the safety of ship transportation, and promoting the healthy development of the shipping market. Article 2 These regulations apply to the transactions of Chinese national vessels and their related brokerage activities. This regulation does not apply to ship trading activities under construction. The term "vessel transactions" as mentioned in these Regulations refers to the act of transferring ownership of ships to and from abroad by shipowners. Ship transactions shall be carried out in the vessel trading service organization in accordance with the scope set forth in Article 7 of these Regulations. Article 3 A vessel trading service agency refers to an organization established in accordance with these Provisions that does not provide for the purpose of profit-making, providing venues, facilities and information for centralized trading activities of ships, and organizing the development of relevant professional services such as transaction authentication and evaluation. The competent departments of transportation (or shipping management agencies, the same below) of each province, autonomous region, and municipality directly under the Central Government shall, in accordance with the actual conditions in the region, strengthen the services to the local ship trading services according to the principle of appropriate concentration, convenient transactions, and fairness and orderliness. Management, reasonable determination of the layout of the ship trading market, and reported to the Ministry of Transport for the record. Article 4 The establishment of a vessel trading service agency shall meet the following conditions: (1) Having a fixed business place and necessary facilities for conducting business activities; (b) There are not less than 5 professionals who are familiar with shipping, ship technology and ship transactions; (3) There are normative rules and regulations, including trading rules, service specifications and transaction document file management methods; (4) The relevant technical conditions for connecting or using a unified national ship transaction information platform. The ship trading service agency shall obtain a business license according to law and file with the provincial competent department of transportation. The provincial competent department of transportation shall, according to the arrangement of the ship trading market in the region, publish the ship trading service agencies that meet the above conditions, and report them to the Ministry of Transport for publication. Article 5 The term “shipping agent” refers to a business activity that provides intermediary, brokerage, agency, and other activities for ship transactions and remuneration for commissions. To engage in ship brokerage activities, at least two professionals who have worked in shipping and ship-related industries for more than three years must be qualified, obtain a business license in accordance with the law, and file with the prefecture-level municipal competent transportation department. To engage in brokering activities for shipping transactions, it is necessary to abide by state laws and regulations and follow the principles of equality, voluntariness, fairness and good faith. Article 6 The vessel trading service agency shall regularly publish the list of ship trading brokers entering the market and establish a credit rating file. The ship trading service agency shall not engage in ship trading brokerage activities, and no unit or individual may influence the vessel trader to freely choose the vessel trading broker. The ship trading service agency shall provide an open, fair and just trading environment and convenient trading conditions to ensure that ship transactions are carried out in accordance with law, and accept supervision and inspections conducted by the relevant departments according to law. Article 7 The transactions of the following ships shall be carried out by the vessel trading service agency: (i) International sailing of all types of ships; (B) Hong Kong and Macao routes all types of ships; (3) Domestic oil tankers (including bituminous vessels), chemical tankers, and liquefied gas carriers; (4) Inland river general cargo ships of more than 100 gross tons, and general cargo ships of more than 200 gross tons; (e) Domestic passenger ships of more than 50 passengers. In addition to the above ships, the provincial competent department of transportation can determine other ships that need to be traded through the vessel trading service agency based on the actual conditions in the region. Article 8 The transaction party shall provide the following documents to the vessel trading service agency and be responsible for the legality and authenticity of the materials provided by it: (i) Certificates of Ship Ownership, Certificates of Nationality; (B) Ship Inspection Certificates; (3) The identity certificates or business licenses of both parties to the transaction. If you are represented by another person, you must also provide the authorized power of attorney and the identity certificate or business license of the trustee. (4) Written documents that the mortgagee agrees to the transfer of the ship (if the ship has set a mortgage); (5) Other materials confirming the legality of the ship's transaction. The ship trading service agency shall review the ship transaction documents, and shall ask the parties concerned to clarify the contents of the doubts. For ships that are listed as being tracked by the maritime authorities, the certification materials for releasing the key follow-up shall be submitted; if the suspected falsification or submission of false documents is made, it shall be reported to the relevant administrative department. The ship trading service organization shall establish a transaction file and keep it properly. Article 9 Both sides of the transaction shall sign a written contract with reference to the model text of the vessel transaction contract and keep a copy of the contract with the vessel trade service agency. Both sides of the transaction may independently arrange for the provision of a credit guarantee by the vessel trading service agency. In the event of disputes between the parties involved in the transaction, they may negotiate to solve or request the vessel trading service agency to mediate, or they may apply for arbitration or file a lawsuit in accordance with the relevant laws and administrative regulations. Article 10 The vessel trade service agency shall establish a complete ship information database. The vessel trade information shall include the name of the ship, the type of ship, the construction date, the shipyard and construction site, the port of registry, the main scale of the ship, the ship inspection agency, the transaction price of the ship, and the ship Transferors and transferees. Article 11 After the parties to a vessel transaction conclude a transaction, they shall pay transaction fees to the vessel trading service agency. The ship trading service agency should reasonably measure the transaction service fee collection standards in accordance with the principle of not for-profit, and report it to the prefecture-level city transportation and pricing authorities for approval. Article 12 The ship trading service agency shall, after completion of the vessel transaction, issue to the transaction party a purchase invoice (vessel transaction invoice) supervised by the tax authority. For those who have not been authenticated or traded by a vessel trading service agency, the vessel trading service agency may not issue a purchase invoice (shipping invoice). Article 13 The ship trader shall, on the strength of relevant materials such as the invoices for purchase of ships (shipping invoices) issued by the vessel trading service agency, go through the formalities for the registration or cancellation of the ownership of the ship with the ship registration authority, and apply for the ship operating certificate or international to the competent transportation authority. Sailing vessel filing procedures. Article 14 The Shanghai Shipping Exchange is entrusted by the Ministry of Transport to organize the members of its ship trading service organizations to formulate uniform and standardized ship trading service specifications, trading rules and transaction contract model texts, and submit them to the Ministry of Transport for the record. Article 15 The Shanghai Shipping Exchange is entrusted by the Ministry of Transport to establish a national unified ship trading information platform to provide ship trading information services. Each local ship trading service agency shall submit the ship transaction information of this institution to the Shanghai Shipping Exchange in a timely manner. The Shanghai Shipping Exchange shall regularly publish the national ship transaction information and market conditions. When a key vessel such as a tanker, a chemical vessel, a liquefied gas carrier or a passenger ship conducts a transaction, information disclosure shall be conducted on the vessel transaction information platform. The vessel transaction service agency shall promptly accept the objection raised by the relevant party and report to the shipping and maritime administrative authorities. . The ship trading service agency and its staff must not reveal the trade secrets of the transaction party. Article 16 prohibits the following acts of vessel trading: (1) Providing trading services for ships that do not meet safety technical standards; (2) to force others to accept trading conditions by fraud or coercion and to harm the legitimate interests of the state, the collective or others; (3) Malicious collusion, deliberately concealing the defects of the ship, or making false information to sell the ship, and harming the legitimate interests of the state, the collective or others; (4) Providing trading services for ships that are unable to provide complete, true and effective documents; (5) Other transactions prohibited by laws and regulations. Article 17 The ship transferor shall truthfully provide information, such as maintenance, accidents, and inspections of the ship, as well as the registration of the mortgage and the period of retirement. If the transferor intentionally conceals important facts or provides false information, causing the transferee to suffer losses, the transferor shall bear corresponding responsibilities according to law. Article 18 The competent department of transportation at the provincial level shall, in conjunction with the relevant administrative department, take effective measures within its respective scope of duties to strengthen supervision and management of ship transactions, investigate and punish irregularities in accordance with the law, maintain the order of ship transactions, and protect the legitimate rights and interests of the parties to the transaction. . Administrative authorities such as transportation (port and shipping) and maritime affairs and their staff should safeguard the fairness of the ship trading market and must not participate in any profit-making activities for ship trading in any way. Article 19 Where a vessel trading service agency has any of the following acts, the provincial competent transportation department shall order it to make corrections: (1) failing to meet the conditions stipulated in Article 4 of the present Provisions and launching vessel trading services without a record; (2) failing to perform due diligence review of the transaction documents in accordance with the provisions of Article 8 of these Provisions, resulting in the entry of ships with problems; (c) Providing trading services for ships that are prohibited from trading. Article 20 If a vessel trading service agency violates these regulations and causes economic losses to the transaction party, it shall bear the liability for compensation according to law. Article 21 This regulation shall be interpreted by the Ministry of Transport of the People's Republic of China. Article 22 These regulations shall come into effect on April 1, 2010.