The Enforcement Rules of the Ship Registration Law
2016-09-20
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Chapter 1 General Principles
Article 1
These Rules are prescribed pursuant to Article 65 of the Ship Registration Law.
Article 2
The registration of ships shall be made on one-ship one-case basis.
Article 3
The registration of a ship operated by two or more partners shall be made pursuant to the provisions applicable to the co-owners of ships.
Chapter 2 Ship's Register Books
Article 4
The Shipping Administration Authority shall undertake to produce ship's register books, distinguished by the port of registry.
Article 5
Every page of the register book shall provide one column of "Registration Number" and four parts -- "Indications of Ship", "Proprietorship", "Mortgage" and "Leasehold". Except the part of Indications of Ship, the rest shall all be divided into two columns -- "Subject" and "Order of Rights". Entries shall be made pursuant to the following provisions:
1. The column "Registration Number": for recording the order of registration of a ship;
2. The part "Indications of Ship": for recording the indications and alterations as Article 36 of the Ship Registration Law requires.
3. The column "Subject" of the part "Proprietorship": for recording matters relative to the proprietorship of a ship;
4. The column "Subject" of the part "Mortgage": for recording matters relative to the mortgage of a ship;
5. The column "Subject" of the part "Leasehold": for recording matters relative to the leasehold of a ship;
6. The column "Order of Rights" of every part: for recording the order of the matters registered in the column "Subject".
1. The column "Registration Number": for recording the order of registration of a ship;
2. The part "Indications of Ship": for recording the indications and alterations as Article 36 of the Ship Registration Law requires.
3. The column "Subject" of the part "Proprietorship": for recording matters relative to the proprietorship of a ship;
4. The column "Subject" of the part "Mortgage": for recording matters relative to the mortgage of a ship;
5. The column "Subject" of the part "Leasehold": for recording matters relative to the leasehold of a ship;
6. The column "Order of Rights" of every part: for recording the order of the matters registered in the column "Subject".
Article 6
The number given to a register book shall be clearly indicated on the cover of the book. On the cover and the seam between two pages shall the official seal of the Shipping Administration Authority be stamped, with the number of pages recorded in the inside page of the cover; all of which shall be signed and chopped by the person in charge.
Article 7
The Shipping Administration Authority shall also produce the following books in addition to the register book:
1. Register of Shipowners,
2. Ship's Special Registration Book,
3. Ship's Registration Resumption Book,
4. Ship's Supplementary Registration Book,
5. Index of Ship's Registration,
6. Register of Seal Imprint Certificates,
7. Registration Fee Book, and
8. Registration Fee Receipt Counterfoil Book
1. Register of Shipowners,
2. Ship's Special Registration Book,
3. Ship's Registration Resumption Book,
4. Ship's Supplementary Registration Book,
5. Index of Ship's Registration,
6. Register of Seal Imprint Certificates,
7. Registration Fee Book, and
8. Registration Fee Receipt Counterfoil Book
Article 8
All the books shall be page-numbered; and any Clerical error found may be corrected and stamped accordingly by the person in charge, but the corrected pages shall not be torn away or destroyed.
Article 9
In the event that the whole or part of any ship's register book is lost due to the act of God, the Shipping Administration Authority shall report the number of the lost volume, page, reason of loss and the time required for resuming registrations to Ministry of Transportation and Communications (MOTC) for approval to proceed with necessary actions.
Chapter 3 Application Form for Registration
Article 10
If there are multiple pages in an application form, the applicant shall stamp with his chop on all the seam between two pages. If there are multiple applicants, the one who listed in the first place shall make the stamping.
Article 11
All required matters and registration fees shall be indicated in the application form.
Article 12
The shipowner of a ship shall file his seal imprint certificate with the Shipping Administration Authority. Filing shall also be required upon alteration of such certificate.
If the shipowner of a ship is a juridical person, the seal imprint certificate used in the registration of juridical person shall be filed with the Shipping Administration Authority.
The filing requirements set out in the two preceding paragraphs shall not apply to government organizations.
If the shipowner of a ship is a juridical person, the seal imprint certificate used in the registration of juridical person shall be filed with the Shipping Administration Authority.
The filing requirements set out in the two preceding paragraphs shall not apply to government organizations.
Article 13
Any registrant requesting to certify that he does not alter any thing that has been registered or that he does not make any registration with regard to some thing shall furnish two copies of application forms, elaborating what and when he requests, to which the applicant shall subscribe his name and affix his chop.
Of the two copies of application forms mentioned in the previous paragraph, one shall be filed and the other, after endorsed by the Shipping Administration Authority, shall be returned to the applicant.
Of the two copies of application forms mentioned in the previous paragraph, one shall be filed and the other, after endorsed by the Shipping Administration Authority, shall be returned to the applicant.
Chapter 4 Procedures for Registration
Article 14
The order of the registrations enumerated in the same part shall be determined based on the order of the column of "Order of Rights" and, for those listed in different parts, the Receipt Nos.
Article 15
When registering the column of "Subject", numbers shall be recorded in a sequent order in the column of "Order of Rights".
Article 16
When registering the part of "Indications of ships", the indications of a ship, which were recorded in the application form submitted at the time the initial application was made for preserving the proprietorship of such ship, shall be recorded.
When registering the column of "Subject", the receiving date and receipt No. of the application, the name, address and residence of the obligee, the cause, purpose and date of the registration, and the right-related matters elaborated in the application form, shall be recorded.
Upon completing registration, the person in charge shall depict the registering date right behind the registration, with his title chop stamped.
When registering the column of "Subject", the receiving date and receipt No. of the application, the name, address and residence of the obligee, the cause, purpose and date of the registration, and the right-related matters elaborated in the application form, shall be recorded.
Upon completing registration, the person in charge shall depict the registering date right behind the registration, with his title chop stamped.
Article 17
After making the registration mentioned in the preceeding article, a vertical live shall be marked to segregate with the blank space in the columns of "Order of Rights" and "Subject".
Article 18
If there are more than one obligee entitled to a registration, the names of co-owners shall be all listed in the column of "Subject". This requirement shall also be applicable if more than one obligor are entitled to a registration.
Article 19
The number of the column of "Order of Rights" for a collateral registration shall be the same as for the primary registration thereof. However, the collateral registration number shall be recorded in the column of the primary registration.
Article 20
Any interim registration shall be recorded in the corresponding column of "Subject", but a blank space should be reserved in the left side thereof.
The formal registration, which is made after the interim registration, shall be recorded in the blank space indicated in the previous paragraph.
The formal registration, which is made after the interim registration, shall be recorded in the blank space indicated in the previous paragraph.
Article 21
When making a collateral registration for an alteration of registered entry pursuant to Article 24 or 39 of the Ship Registration Law, any alteration of the entry in the part of "Indications of Ship" shall be deleted by drawing a vertical line, and beside it shall the new entry be recorded. The person in charge shall then stamp such alteration with his title chop.
Article 22
When making a resumption registration within the time limit specified in Article 28 of the Ship Registration Law, a resumption register book shall be established for registering the number of the column of "Order of Rights", and "Registration Number", receiving date and receipt No. The cause of the resumption registration shall then be recorded in the Registration Certificate.
Article 23
The resumption register book shall be closed on the expiry day of the time limit specified in Article 28 of the Ship Registration Law; the registrations entered therein shall be transferred to the corresponding parts of the new book, marked with the date of transfer. The number given in the new book shall also be recorded in the original Registration Certificate.
Article 24
In case a part or column of the register book is full, all subsequent matters shall be recorded in the supplementary register book, applying the same numbers and marking the volume number, page number in the left side of the part or column that is fully occupied, or in the additional papers which shall be adhered to such part or column and stamped with official seal.
Article 25
In case of changing the port of registry, firstly the registration of deletion shall be made, followed by putting a remark in the Registration Certificate, issuing a transcript (or photocopy) of the register book, deleting the registration number and marking "closed" in the remark column of the part of "Indication of Ship".
The change of the port of registry to some other port shall be subject to the registration of transfer. The entries made in the transcript (photocopy) of the register book given by the original port of registry shall be transcribed to the register book, in which the former port of registry, register book number and all matters that are required to appear in the application form shall be indicated.
The change of the port of registry to some other port shall be subject to the registration of transfer. The entries made in the transcript (photocopy) of the register book given by the original port of registry shall be transcribed to the register book, in which the former port of registry, register book number and all matters that are required to appear in the application form shall be indicated.
Article 26
When making a registration of deleting proprietorship, all information that is required to be enumerated in the application form shall be recorded in the column of "Subject", the part of "Proprietorship" of the register book, while the registration number and indications shall all be deleted.
Article 27
In case of loss of a ship, which had been leased or mortgaged jointly with some other ship before loss, the cause and date of loss shall be recorded in the corresponding column of such other ship's register book.
As the case mentioned in the previous paragraph, if the port of registry of such other ship is under the jurisdiction of another Shipping Administration Authority, such authority shall be notified of making such registration mentioned above.
As the case mentioned in the previous paragraph, if the port of registry of such other ship is under the jurisdiction of another Shipping Administration Authority, such authority shall be notified of making such registration mentioned above.
Article 28
The registration of mortgage for a ship during construction shall be recorded in the special register book.
In case the registration of the right of mortgage mentioned in the previous paragraph is not made in the port of registry of the ship, the Shipping Administration Authority at the place of construction undertaking such registration shall send a transcript of the special register book to the Shipping Administration Authority at the port of registry after completing the registration.
In case the registration of the right of mortgage mentioned in the previous paragraph is not made in the port of registry of the ship, the Shipping Administration Authority at the place of construction undertaking such registration shall send a transcript of the special register book to the Shipping Administration Authority at the port of registry after completing the registration.
Article 29
When making the registration mentioned in the preceding article, the number of registering shall be recorded in the "Registration Number" column; the ship's type, name, plan, dimensions and capacity, place and name of shipbuilder, and the obligor's name, company name, address and residence or office shall be recorded in the "Indications of ship" part; the receiving date, receipt number, purpose, cause and date of the application for mortgage registration shall be recorded in the "Subject" column.
Article 30
When making the proprietorship registration of a ship during construction, which has been mortgaged, the registration of the mortgage shall be transferred to the ship's register book after completing such registration, of which the date shall be noted, and the title chop of person in charge shall be affixed.
After making the above registration, the special register book shall be closed.
If the ship's port of registry is beyond the jurisdiction of the Shipping Administration Authority registering such mortgage mentioned hereinbefore, the person in charges of the port of registry shall transfer the information of the mortgage to the register book according to the transcript of the special register book issued by the former Shipping Administration Authority.
After making the above registration, the special register book shall be closed.
If the ship's port of registry is beyond the jurisdiction of the Shipping Administration Authority registering such mortgage mentioned hereinbefore, the person in charges of the port of registry shall transfer the information of the mortgage to the register book according to the transcript of the special register book issued by the former Shipping Administration Authority.
Article 31
Upon closing registration, the person in charge shall record the cause and date of closing, with his title chop affixed, in the part of "Indications of Ship", and delete the ship's indications and registration number, meanwhile, depict the cause in the remark column of the index book.
Article 32
When making the registration pursuant to Article 38 of the Ship Registration Law, the person in charge shall record the names, addresses, residences and the possessory portions of co-owners in the "Subject" and "Proprietorship" columns of the register book; thence record according to the order of applications the names, addresses, residences and ship name in the columns of "Ship Name" and "Possessory Portion"; thence record the Nos. in the "No. of Possessory Portion" column; thence record applications' receiving dates and numbers, Nos. of register books, pages, Nos. of the column of "Order of Rights" in the Remark column. The person in charge shall affix his title chop all such records.
After completing the aforesaid registration, it shall be noted with the words denoting the number of persons.
If the possessory portion is not indicated in the cause of registration, the column of "Possessory Portion" shall be crossed out.
After completing the aforesaid registration, it shall be noted with the words denoting the number of persons.
If the possessory portion is not indicated in the cause of registration, the column of "Possessory Portion" shall be crossed out.
Article 33
A registration of alteration for transfer of part of property between co-owners shall be made pursuant to Article 38, the Ship Registration Law and shall submit the certificate of property transfer, original co-owners' letters of consent, revised co-owner register, contract, if any, and seal imprint certificates.
The registration required for transfer of part of property by some co-owner to some new co-owner shall be made pursuant to the previous paragraph and shall submit identity documents.
The registration fee for the part of transfer referred to in the two preceding paragraphs shall be levied and collected pursuant to the provision set forth in Item 2, First paragraph, Article 28 of the Ship Registration Law. And, the new cause for registration, receiving date and number of application as well as the order of right shall be recorded in the "Proprietorship" column of the register book, which shall be stamped with the title chop of the prson in charge.
The registration required for transfer of part of property by some co-owner to some new co-owner shall be made pursuant to the previous paragraph and shall submit identity documents.
The registration fee for the part of transfer referred to in the two preceding paragraphs shall be levied and collected pursuant to the provision set forth in Item 2, First paragraph, Article 28 of the Ship Registration Law. And, the new cause for registration, receiving date and number of application as well as the order of right shall be recorded in the "Proprietorship" column of the register book, which shall be stamped with the title chop of the prson in charge.
Article 34
The registration of alteration required for transfer or waiver of the order of right shall be noted with the cause and the application date and receiving number in the "Subject" column. And, the order of such registration shall be numbered in the left side of the number noted in the "Order of Rights" column, and all the registration shall be stamped with the chop of the the person in charge.
Article 35
When making a collateral registration, the number thereof shall be recorded in the left side of the number marked in the "Order of Right" column of primary registration.
Chapter 5 Reading Registers; Transcripts and Excerpts of Registers
Article 36
An application shall be made for issuing transcript of register book or reading register book or documents thereto on the form to the Shipping Administration Authority concerned.
Upon accepting such application referred to in the previous paragraph, the Shipping Administration Authority shall promptly proceed to process according to the order of the receipt number of application.
Upon accepting such application referred to in the previous paragraph, the Shipping Administration Authority shall promptly proceed to process according to the order of the receipt number of application.
Article 37
The transcript of a register book shall be consistent with the register book in terms of the form and the whole content; however, the part that has been deleted may be omitted.
Article 38
The transcript or excerpt of a register book shall be noted with the following words and date, and stamped with the authority's seal as well as the title chop of person in charge:
1. Transcript: noted with the words reading "This transcript is produced according to Register Book, No. __, of the port of registry, _________, and is verified correct."
2. Excerpt: noted with the words reading "This excerpt is produced according to Register Book, No. __, of the port of registry, _________, and is verified correct."
1. Transcript: noted with the words reading "This transcript is produced according to Register Book, No. __, of the port of registry, _________, and is verified correct."
2. Excerpt: noted with the words reading "This excerpt is produced according to Register Book, No. __, of the port of registry, _________, and is verified correct."
Article 39
The person in charge may reject the application for reading if he deems the reason therefor improper and shall record the reason for rejection in the application form.
Article 40
Any person who is doubtful of the records in the register book or the documents thereto after reading may request the person in charge to explain.
Article 41
The fees of NT$200 for transcription, NT$100 for reading and NT$300 for the cost of transcript per copy shall be collected from the person applying for the transcript or reading of the register or the documents thereto.
Article 42
A fee of NT$300 shall be levied and collected for replacement of the ships Registration Certificate.
Chapter 6 Supplementary Provisions
Article 43
(Deleted)
Article 44
These Rules shall come into force on the day on which the Ship Registration Law comes into force.
The amendments to these Rules shall come into force from the date of promulagtion.
(The English translation is for reference only. In case of discrepancy between the Chinese and English versions, the Chinese version shall prevail.)
The amendments to these Rules shall come into force from the date of promulagtion.
(The English translation is for reference only. In case of discrepancy between the Chinese and English versions, the Chinese version shall prevail.)