A few days ago, the Hainan Provincial People's Congress promulgated the "Hainan Free Trade Port International Shipping Regulations" (hereinafter referred to as the "Regulations"). The "Regulations" provide one-by-one explanations on the registration, inspection agencies, registration materials, scope of operations, taxes and fees of Hainan Free Trade Port International Ships (hereinafter referred to as "International Ships"), so as to promote the development of the maritime industry and related industries.
The term "international ships" mentioned in the "Regulations" refers to ships registered in the Hainan Free Trade Port and sailing on international routes. The home port of international ships is China's Yangpu Port. These regulations apply to ships registered in the Hainan Free Trade Port and sailing on Hong Kong and Macau routes.
International ship registration includes seven categories
The "Regulations" pointed out that three types of ships can be registered for international ships, including: ships owned by Chinese citizens with a domicile in Hainan Free Trade Port, or finance leased or bareboat leased ships; legal entities or financial leases established in Hainan Free Trade Port according to law , Bareboat chartered ships; ships that are owned by an unincorporated organization established in accordance with the law in Hainan Free Trade Port, or are financially leased or bareboat chartered.
The "Regulations" pointed out that international ship registration includes seven categories, namely ship ownership registration, ship nationality registration, ship mortgage registration, bareboat charter registration, ship alteration registration, ship cancellation registration, and other types prescribed by the state.
The "Regulations" pointed out that when a ship owner applies for registration of ship ownership, it should submit three aspects of materials: the applicant’s legal identity certification, the ship’s ownership acquisition certification, and the ship technology issued by an authorized ship inspection agency. Proof of parameters.
After the shipowner submits the application materials, the international ship registration agency shall review whether the application materials are complete and conform to the legal form, etc. If the ship registration application meets the prescribed requirements, it shall be registered, and the corresponding ship registration certificate shall be prepared and issued.
The "Regulations" proposes that in one of the following four situations, the International Ship Registration Agency shall not register and notify the reasons in writing: First, the applicant cannot provide the certificate of right acquisition or the application for registration is inconsistent with the certificate of right acquisition; second, The third party claims that there is an unresolved ownership dispute and can provide evidence; the third is that the application for registration matters conflict with the content of the issued registration certificate; the fourth is that it violates the provisions of laws and administrative regulations.
The temporary ship ownership registration certificate is valid for one month
The "Regulations" point out that if the requirements for provisional ship registration are met, the international ship registration agency will issue a provisional certificate after review. The validity period of the temporary ship ownership registration certificate and the temporary ship nationality certificate is one month. Before the expiration of the above two books, relevant certification materials can be submitted to the International Ship Registration Agency for renewal. If the conditions are met, the International Ship Registration Agency shall make a decision to approve the renewal, and the duration shall not exceed one month at the longest.
The "Regulations" point out that if an international ship has one of the following seven circumstances, the international ship registration agency shall cancel its international ship nationality registration: first, the applicant submits false international ship registration application materials; second, it no longer meets the requirements of these regulations International ship registration qualification requirements; third, the ship inspection certificate has expired for more than three months; fourth, the temporary ship nationality registration expires, and the ship deregistration certificate issued by the ship registration office of the previous port of registry has not been submitted; the fifth is bareboat If the lease contract expires or the bareboat charter relationship is terminated within 15 days, the cancellation of registration is not handled; Sixth, the international ship quality evaluation fails to meet the prescribed standards for three consecutive years; Seventh, other ship registration requirements are no longer met.
The "Regulations" point out that international ships must hold both a ship inspection certificate and a (temporary) ship nationality certificate before they can sail, berth and operate.
Different ships enjoy different tax incentives in accordance with regulations
The "Regulations" pointed out that the operation of international passenger ships and international bulk liquid dangerous goods transportation services should comply with relevant national laws and regulations and be approved by the transportation department of the provincial people's government.
Domestic waterway transportation operators who use international ships to engage in waterway transportation business in coastal waters within the province shall obtain approval from the transportation department of the Provincial People's Government.
International ships that have reached the age of mandatory scrap ships of the State may continue to engage in water transportation within the validity period of the certificate after they have been approved by the competent department of transportation under the State Council and passed the inspection by the authorized ship inspection agency.
International ship owners or operators shall set up a liaison organization in the Hainan Free Trade Port to liaise with the administrative competent authority on relevant management and legal affairs on behalf of the enterprise.
The "Regulations" point out that international ships imported from abroad and built within the country, marine spare parts, and fuel for self-use on ships are exempted or refunded in accordance with relevant regulations.
International ships and their ancillary business operators, crew service agencies and ship inspection agencies registered in Hainan Free Trade Port and substantively operating are entitled to corporate income tax concessions in accordance with relevant regulations; their senior managers and crew members enjoy personal income in accordance with relevant regulations. Income tax incentives.
In addition, the "Regulations" also proposes that enterprises established in Hainan Free Trade Port to borrow foreign debts for international ship financing involving cross-border guarantees can sign a guarantee contract on their own without prior approval. After the contract is signed, it shall be handled in accordance with relevant regulations. Register.
In terms of insurance, the "Regulations" propose to support domestic and foreign enterprises and institutions in the Hainan Free Trade Port to provide services such as shipping insurance, ship financial leasing, average adjustment, ship transactions and shipping arbitration; encourage cross-border RMB settlement reinsurance in the maritime industry Business: Encourage maritime companies established in Hainan Free Trade Port to establish mutual insurance organizations and self-insurance companies in accordance with relevant regulations.