Notice On Regulating The Management Of Domestic Ship Financing Lease

The departments of pportation, the Shanghai port authority, the Changjiang and Pearl River shipping administrations, COSCO, Zhonghai, Changhang and Sinop groups are directly under the MSA, the Ministry of salvage and Fisheries bureaus and the salvage Bureaus:

In recent years, the rapid development of China's national economy has led to the great development of the domestic shipping industry. The enthusiasm of social capital investment in domestic shipping industry is increasing, and the investment entities and investment modes are more diversified.

In order to strengthen the management of domestic ship financing lease, standardize the leasing behavior and promote the healthy development of the ship financing leasing industry, the following issues are notified as follows:

1. The domestic ship financing lease activities mentioned in this notice refer to the Charterers' behavior of leasing ships to engage in domestic waterway pportation by means of financial leasing.

Two, the lessor engaged in the domestic ship financing leasing activities shall obtain the qualification of financial leasing business approved by the relevant competent authorities of the state according to law; the lessee shall obtain the qualification of domestic waterway pportation management approved by the competent traffic department; the lessor and the lessee shall sign the ship financing lease contract in accordance with the relevant state regulations.

Three, according to the relevant laws and regulations of the state and the relevant provisions of our ministry, the economic nature of the domestic financial leasing lessors is "three funded enterprises", and the proportion of foreign capital shall not exceed 50%.

The charterer who rents a "three capital enterprise" by means of financial leasing shall be approved by the Ministry of pport prior to engaging in domestic waterway pportation.

Four. The ship that is newly built or purchased by means of financial leasing shall be the shipowner of the financial leasing vessel, and the ship operator shall check the registration of the leased ship between the lessor and the lessee according to the bareboat charter relationship.

Five. In the form of financial leasing, new vessels or imported ships should be put into domestic waterway pportation in the country. The lessee should apply to the competent traffic authorities for new pport capacity procedures before the construction or import of vessels. The passenger ships and liquid cargo dangerous goods vessels should obtain approval documents for additional capacity, and the general cargo ships should obtain new registration certificate of capacity. In the application, it is indicated that the financial leasing method will be adopted to provide relevant agreements with the finance leasing companies.

The pport authority shall specify the financial leasing method and the financial leasing lessor in approving documents or registration certificates that agree to the new pport capacity.

After the construction or import of the ship is completed, the shipowner and the lessee shall go through the relevant registration procedures to the maritime administrative organ with the approval document or registration certificate of the new capacity, the ship financing lease contract and other materials.

After obtaining the relevant certificates, the ship charterer shall go through the shipping procedures.

Six, in the form of financial leasing (except for the lessee, the lessor is a "three capital enterprise"), the purchase of the existing ships with the qualification of domestic waterway pportation operation into domestic waterway pportation shall not be handled in advance according to the relevant provisions of the Ministry.

Upon completion of the ship purchase, the lessor and the lessee shall go through the relevant registration procedures with the maritime administrative organ on the basis of the original certificate of cancellation of the certificate of registration of the ship's business pport certificate, the ship financing lease contract and other materials.

After obtaining the relevant certificates, the ship charterer shall go through the shipping procedures.

Seven, for the management of financial leasing of domestic non pport vessels, refer to the spirit of this circular.

General Office of People's Republic of China communications and pportation department (Chapter)

March 28th, two, eight