Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)
Maritime Transport Services
Relevant Mainland Rules and Regulations
Rules and regulations promulgated by the Mainland authorities relating to the implementation of commitments under CEPA :
Establishing Foreign Enterprises that Operate Maritime Transport Services
- Under CEPA, Hong Kong Services Suppliers (HKSS) (which are enterprise legal persons) may establish wholly-owned enterprises that operate port cargo loading and unloading businesses, and supply materials other than fuel and water to vessels owned or managed by HKSS in the Mainland.
- Also, according to the "Circular of Ministry of Transport on Implementation of Agreement on Trade in Services to CEPA between the Mainland and Hong Kong/Macao" (Circular of the Ministry of Transport No. 27 - Jul 2016) (in Chinese only), HKSS may establish wholly-owned enterprises and operate international shipping transport businesses.
- Moreover, according to the "Explanations on the Amendments made in the Special Administrative Measure on the Entry of Foreign Investment (Negative List) (2018 Version)" (June 2018), the Mainland has removed the restriction that the majority of shares of international shipping agencies shall be held by Chinese enterprises.
- For details, please refer to:
- "Decision to revise the Implementing Rules on the Regulations of the People's Republic of China on International Maritime Transportation" (Decree of the Ministry of Communication No. 41 - Nov 2019) (in Chinese only)
- Special Administrative Measure on the Entry of Foreign Investment (Negative List) (2021 Version) (Order of the National Development and Reform Commission and the Ministry of Commerce No. 47 - Dec 2021) (in Chinese only)
Application Details
- For the application details of operating maritime transport services, please refer to the following websites according to the fields of businesses:
International Ship Management and International Shipping Transport Services
- "Regulations of the People's Republic of China on International Ocean Shipping" (2019 Revision - Mar 2019) (in Chinese only)
- "Decision to revise the Implementing Rules on the Regulations of the People's Republic of China on International Maritime Transportation" (Decree of the Ministry of Communication No. 41 - Nov 2019) (in Chinese only)
Storage and Warehousing Services / Container Station and Depot Services for International Maritime Transportation
- "Regulations of the People's Republic of China on International Ocean Shipping" (2019 Revision - Mar 2019) (in Chinese only)
- "Port Law of the People's Republic of China" (2018 Revision - Dec 2018) (in Chinese only)
- "Decision to revise the Administrative Provisions on the Operation of Port" (Decree of the Ministry of Transport of the People Republic of China No. 36 - Nov 2019) (in Chinese only)
Non-Vessel Shipping Operators
- "Regulations of the People's Republic of China on International Ocean Shipping" (2019 Revision - Mar 2019) (in Chinese only)
- "Notice Concerning the Examination and Filing of Items Related to International Shipping Transport and the Maritime Transport Services Between the Mainland and Hong Kong /Macao " (Letter of the General Office of the Ministry of Transport No. 681 [2019] - May 2019) (in Chinese only)
- "Decision to revise the Implementing Rules on the Regulations of the People's Republic of China on International Maritime Transportation" (Decree of the Ministry of Communication No. 41 - Nov 2019) (in Chinese only)
Shipping Companies and International Shipping Agencies
- "Regulations of the People's Republic of China on International Ocean Shipping" (2019 Revision - Mar 2019) (in Chinese only)
- "Decision to revise the Implementing Rules on the Regulations of the People's Republic of China on International Maritime Transportation" (Decree of the Ministry of Communication No. 41 - Nov 2019) (in Chinese only)
- For other details, please refer to:
- The Decision of the State Council on the Abolishment and Amendment of Certain Administrative Regulations" (Order of the State Council No. 638 - Jul 2013) (in Chinese only)
- "The Decision on the Temporary Adjustments to the Administrative Examinations and Special Administrative Measures on Entry for Hong Kong and Macao Service Suppliers in the Mainland" (Circular of the State Council No. 32 - Jun 2016) (in Chinese only)
- "Decision of the State Council on Cancelling and Delegating a Batch of Items Subject to Administrative Examination and Approval" (Circular of the State Council No. 6 - Feb 2019) (in Chinese only)
- "Decision of the Ministry of Transport and the Ministry of Commerce to Repeal 2 Regulations" (Decree of the Ministry of Transport No. 13 - Jun 2019) (in Chinese only)
- "Circular of the Ministry of Transport on Matters Concerning the Implementation of Policies for Foreign Investment in Domestic Shipping Agency Business" (Letter of the Ministry of Transport No. 612 [2019] - Aug 2019) (in Chinese only)
- "Circular on Deepening the Reform of 'Separating Operating Permits and Business Licenses' to Further Boost the Vitality of Market Entities for Development" (May 2021) (in Chinese only)
- "Notice of the Ministry of Commerce Regarding the Implementation of the Work on Deepening the Reform of 'Separating Operating Permits and Business Licenses' to Further Boost the Vitality of Market Entities for Development" (July 2021) (in Chinese only)
Enquiries concerning the application procedures and requirements for the establishment of foreign-invested maritime transport enterprises can be directed to :
- The Ministry of Transport of the People's Republic of China
( Website: http://www.mot.gov.cn ) - The Ministry of Commerce of the People's Republic of China
( Website: http://www.mofcom.gov.cn )