The Maritime Code of the People's Republic of China, which has undergone its first comprehensive revision in 30 years, will officially come into force on May 1, 2026. Among its most notable major amendments is Article 93, which completely revises the liability rules concerning failure to take delivery of goods at the port of destination. Under the previous regime, shippers were relieved of liability once goods were delivered to the vessel; under the new rules, shippers may face lifelong liability. Risks will be transferred from overseas buyers to domestic shippers, foreign trade enterprises and freight forwarders.

Original Provision (Article 86):Demurrage charges, container detention charges, storage fees, disposal fees and other expenses arising from failure to take delivery of goods shall be primarily borne by the overseas consignee.
New Provision (Article 93):If no person takes delivery of the goods at the port of discharge, the master may land the goods at a warehouse or other appropriate place, and all costs and risks arising therefrom shall be borne by the shipper, provided that the shipper shall be notified promptly. If the consignee has exercised its rights under the contract of carriage by sea but delays or refuses to take delivery of the goods, the master may dispose of the goods in accordance with the preceding paragraph, and all costs and risks arising therefrom shall be borne by the consignee.

The revised Maritime Code comprises 16 chapters and 310 articles, covering the legalization of electronic documents, improved definition of actual carrier, strengthened marine ecological protection, countermeasure clauses and other provisions. Overall, it is designed to adapt to maritime digitalization, international development trends and the demands of high-level opening up. For industry practitioners, it is imperative to immediately review contract templates, insurance arrangements and notification procedures in the short term, and adjust business models as soon as possible during the transition period. In the long run, enterprises shall strengthen customer credit assessment, whole-logistics-chain visualization, legal compliance training, and enhance risk resistance capacity and professional service standards.