Ship sales series of used ship imports

1. Import procedures of foreign used ships

Limited by the provisions of Article 4 of the Maritime Law, foreign ships cannot directly operate the transportation between China's coastal and inland ports (hereinafter referred to as "domestic waterway transportation"). Therefore, the freight of domestic water transportation mainly depends on the supply and demand ratio of domestic shipping capacity and cargo volume, and there is no direct correlation with the international shipping market. However, domestic shipping enterprises can convert ships from foreign nationals to Chinese nationals by purchasing second-hand ships, so as to achieve the purpose of deploying ships in the domestic waterway transport market. As for the transaction process between the buyer and the seller in the second-hand ship sale, we have introduced the first article in the Ship sale series, and we will not repeat it here. The following mainly introduces the matters that domestic buyers need to pay attention to when handling import procedures for foreign ships.

1. Qualification of the company

Although China has no laws and regulations or departmental rules directly on the subject qualification of imported second-hand vessels to make specific provisions, but according to the "Domestic waterway transport management provisions", "Domestic waterway transport management Regulations", "old transport vessel management provisions" and "ship registration Regulations" in the relevant provisions, the subject of imported second-hand vessels should hold the "domestic waterway transport business license". This license is a necessary administrative license to carry out waterway transportation business in our country. In terms of how to obtain the license, Article 5 of the Provisions on the Management of Domestic Waterway Transportation and Article 6 of the Regulations on the Management of Domestic Waterway Transportation have specified specific conditions, including requirements for the company's legal personality, transportation capacity, business plan, professional personnel, and safety management system.

In addition, the approval of the import of used vessels by domestic companies with foreign shareholding or equity participation also needs to comply with the provisions of the "Interim Provisions on Domestic Investment of Foreign-Invested Enterprises" and the "Guidance Catalogue of Foreign Investment Industries", which are detailed below.

2. Request capacity

The capacity of the domestic waterway transport market is regulated by the State as a whole, and the import of second-hand ships belongs to the case of new capacity, and it is necessary to apply to the competent authorities. According to the provisions of Article 12 of the Provisions on the Management of Old Transport Vessels and Article 17 and 18 of the Rules for the Implementation of the Regulations on the Management of Waterway Transport, the import subject, according to the nature of its enterprise and the scope of operation, shall submit an application for new shipping capacity to the local transport authority and its authorized shipping administration department (local maritime safety Administration), and report to the Ministry of Communications for approval. When applying, in addition to providing the application form, other materials should also be provided according to the requirements of the local competent authorities, generally including: feasibility study report, copy of the water transport license, proof of the source of stable freight business, proof of the organization and personnel suitable for the business scope.

3. Ship survey and old ship technical assessment

According to the Regulations on the Administration of Old Transport Vessels, the Notice on Issuing the Administrative Procedures for the Import of Traffic Mechanical and Electrical Products by the General Office of the Ministry of Communications, the Provisions on Matters related to the Import of Ships by the Ministry of Foreign Trade and Economic Cooperation, and the Letter on the use of the Technical Assessment Form for the Import of Old Ships by the Maritime Safety Administration, for the import of second-hand ships to Chinese vessels operating waterway transport, Before signing the purchase contract or binding agreement, the importer shall apply to the China Maritime Safety Administration for import inspection and evaluation of used ships. In practice, the Maritime Safety Administration entrusts the Maritime China Classification Society (" CCS ") to conduct an inspection of the imported second-hand ships, and initially assess the technical status of the ships, especially the stability of the ships, structural conditions and important equipment configuration. After the assessment is passed, CCS will submit the inspection report to the Maritime Bureau, which will issue the Technical Assessment of the old ship accordingly.

4. Import license of mechanical and electrical products

According to the Ministry of Commerce, General Administration of Customs, State General Administration of Quality Supervision, Inspection and Quarantine "Administrative Measures for the Import of Key Used mechanical and electrical products", Ministry of Commerce, General Administration of Customs