Hello Queseanians!
For the first time in over 30 years, China has fundamentally overhauled its Maritime Law. Originally enacted in 1992 and in force since 1993, the law has governed maritime affairs in China largely unchanged, until now. On 28 October 2025, the Standing Committee of the 14th National People’s Congress passed the Maritime Law 2025, which enters into force on 1 May 2026. This is a landmark development for anyone operating in or with China’s maritime sector.
Here are the key changes worth knowing:
1. One law for domestic and international carriage Previously, the rules on carriage of goods by sea only applied to international voyages, domestic port-to-port carriage in China operated under a different legal regime. That distinction is now gone. The Maritime Law 2025 applies to both domestic and international carriage, creating a unified legal standard. Similarly, liability limits for passenger carriage are now harmonised across domestic and international routes.
2. Clearer rights and obligations for all parties The new law tightens up the definitions and responsibilities of carriers, actual carriers, consignors, and consignees. Notably, the definition of “actual carrier” is now broad enough to potentially include port operators under certain conditions, with corresponding access to carrier liability exemptions. Rules on uncollected cargo, contract variation rights, and electronic bill of lading scenarios have all been clarified.
3. Digital transportation records get legal recognition A dedicated section on electronic transportation records has been introduced. Electronic records now carry the same legal weight as paper documents, provided they meet specific requirements, completeness, retrievability, issuer identification, and holder verification. Conversion between paper and electronic formats is also permitted by agreement. This is a significant step forward for digitalisation in shipping.
4. Stronger marine environmental protection A brand new Chapter XII on liability for oil pollution damage from vessels has been added. It establishes mandatory liability insurance for carriers and actual carriers, clarifies compensation scope and responsible parties, and reinforces the duties of masters and salvors to minimise pollution. Environmental protection is explicitly listed as one of the law’s legislative purposes.
5. Governing law clarified for foreign-related disputes The new law brings welcome clarity on which jurisdiction’s law applies in cross-border scenarios, vessel ownership and mortgages, ship collisions, general average, and oil pollution damage. For international contracts of carriage where loading or discharge occurs in China, Chapter IV will apply directly.
6. Financing leases now formally recognised Registered financing leases are now protected against bona fide third parties, and the law sets out clear remedies for lessors in case of payment default, aligning with China’s Civil Code.
7. Countermeasures against discriminatory measures In a provision that reflects the current geopolitical climate, the Maritime Law 2025 explicitly authorises China to adopt countermeasures if discriminatory or restrictive measures are imposed against its maritime transport and shipbuilding sectors.
The Maritime Law 2025 is clearly designed to position China as a more competitive and legally certain global maritime centre, relevant not just to Chinese shipowners and operators, but to anyone involved in trade touching Chinese ports.
With the effective date just around the corner, it’s a good time to review how these changes might affect your contracts, insurance arrangements, and compliance obligations.
References:
- Maritime Law of the People’s Republic of China (中华人民共和国海商法), adopted 7 November 1992 (effective 1 July 1993), revised 28 October 2025 at the 18th Session of the Standing Committee of the 14th NPC, effective 1 May 2026. 16 Chapters, 310 Articles (中华人民共和国海商法 - 维基文库，自由的图书馆)
- China’s Official Government Website (English) (Older 1992 version )The Chinese government’s official English portal hosts the original 1992 text, which is useful for comparison with the 2025 amendments: (https://english.www.gov.cn/services/doingbusiness/202102/24/content_WS6035f42dc6d0719374af97b9.html)