Recently, the twelfth session of the 14th National People’s Congress Standing Committee deliberated on the “Maritime Code of PRC (Revision Draft)” and published it to the public on November 8, 2024. The public can directly submit their comments through the National People’s Congress website (www.npc.gov.cn) or the National Legal Database (flk.npc.gov.cn). Alternatively, comments can be mailed to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress (No.1 Qianmen West Street, Xicheng District, Beijing, Postal Code: 100805), with the envelope marked “Comments on the Revision Draft of the Maritime Code”. The deadline for soliciting comments is 30 days, until December 7, 2024.

This Revision Draft has made comprehensive amendments to the current Maritime Code, increasing from 15 chapters and 278 articles to 16 chapters and 311 articles. The main modifications include unifying the legal application of domestic and international maritime cargo transportation, adjusting the rights and obligations of parties involved in maritime activities, providing system guarantees for the digital development of shipping, improving the system for protecting the marine ecological environment, and perfecting the rules related to the legal application of foreign-related relations.

The Revision Draft has removed the provisions of the current Maritime Code that the domestic maritime cargo transportation between ports is not subject to the provisions of Chapter IV, in order to promote the development of domestic and international shipping and trade. Meanwhile, relevant provisions of Chapter IV on domestic maritime cargo transportation will apply in reference to inland cargo transportation. In addition, the Revision Draft has strengthened the liability of maritime cargo carriers, increased the compensation liability limit for maritime passenger transport carriers, and unified the compensation liability limits for domestic and international maritime passenger transportation.

In terms of digital shipping, the Revision Draft has added a section on “electronic transport records”, clarifying the legal status of electronic transport records and stipulating that electronic transport records that meet the statutory conditions have the same effect as transport documents. In terms of marine ecological environment protection, the Revision Draft has added a chapter on “liability for oil pollution damage caused by ships”, clarifying the scope of compensation for oil pollution damage caused by ships, and stipulating that the liability for compensation for oil pollution damage caused by ships shall be borne by the owner of the ship that leaks oil.

The Revision Draft aims to adapt to the actual needs of shipping and trade development under new circumstances, reasonably allocate responsibilities and risks, promote the formation of clearer and more stable market expectations, and provide a solid legal guarantee for the healthy development of China’s shipping industry.