Issued by:   Standing Committee of the National People's Congress

Issue No.:   President's Order No. 58 of the People's Republic of China

Release Date:   October 28, 2025

Effective Date:   May 1, 2026

Links:   http://www.npc.gov.cn/npc/c2/c30834/202510/t20251028_449061.html

This revision represents the first comprehensive overhaul of the current Maritime Code in over three decades since its implementation. It aims to actively align with the latest developments in shipping and trade, reasonably incorporate the outcomes of the latest international maritime conventions, and effectively balance the interests of relevant parties. The newly revised Maritime Code comprises 16 chapters and 310 articles, with key amendments outlined as follows:
1.    Moderately unifying maritime rules for domestic and international markets
Unify the legal application for domestic and international carriage of goods by sea, bringing the carriage of goods by sea between domestic ports within the scope of the Maritime Code.
Harmonize the limitation of liability for carriers in domestic and international carriage of passengers by sea, addressing the issue of compensation disparities for equal loss of life.
Align the limitation of liability for maritime claims between seagoing vessels and inland waterway vessels.
2.    Improving rules on carriage of goods by sea
Specify that the carrier has the obligation to "receive" and "deliver" the goods, and correspondingly adjust the definition of the actual carrier. This allows parties such as terminal operators to attain the status of actual carrier under specific conditions, thereby enabling them to avail themselves of the carrier's exemptions and limitation of liability. Furthermore, the carrier's exemptions are extended to situations involving delay in delivery by the carrier. 
Clarify that the actual value of the goods shall be calculated based on the market price at the place and time of delivery. If this cannot be determined, it shall be calculated based on the value of the goods at the time of shipment plus insurance and freight. This changes the current Maritime Code's standard of "the actual value of the goods being the value of the goods at the time of shipment plus insurance and freight."
Specify that in cases where no bill of lading is issued, the relationship between the carrier and the consignee regarding their rights and obligations is governed by the relevant provisions of Chapter IV "Contract of Carriage of Goods by Sea" of the Maritime Code.
Define the legal status of electronic transport records, stipulating that electronic transport records fulfilling statutory requirements have the same effect as transport documents. Electronic transport records and transport documents are interchangeable.  
Introduce fundamental rules for the carrier's delivery of goods, providing clear provisions for delivery under various scenarios, including when a straight bill of lading, an order bill of lading, a bearer bill of lading, a negotiable electronic transport record, or other circumstances are involved.
Shift the party bearing the costs and risks arising from failure to take delivery at the port of discharge from the consignee to the shipper and stipulate that the shipper must be promptly notified.
Grant the shipper's right to modify the contract and specify exceptional circumstances where the carrier may refuse such modifications.
3.    Refining systems for marine ecological environment protection
Impose specific duties on the shipmaster regarding the prevention and control of ship-source pollution of the marine ecological environment. Specify that salvors and salvaged parties in maritime casualties cannot contractually exempt themselves from their obligations to prevent or minimize ecological environmental damage. 
Introduce a dedicated chapter on liability for oil pollution damage from ships, clarifying the scope of compensation and the liable parties for oil pollution damage. It also clarifies that the state shall establish a compulsory liability insurance system and a compensation fund system for oil pollution damage from ships.
4.    Clarifying the application of law in foreign-related matters
Strengthen mandatory application clauses, specifying that the provisions of Chapter IV "Contract of Carriage of Goods by Sea" of the Maritime Code apply to contracts for the international carriage of goods by sea where the port of loading or the port of discharge is located within the People's Republic of China.
Refine the rules on the application of law concerning foreign-related maritime relations. For example: regarding ownership and mortgages of ships under construction, if registered, the law of the country of registration applies; if not registered, the law of the place where the ship is built applies. A possessory lien on a vessel shall be governed by the law of the place where the vessel is detained.