中华人民共和国民用航空法 The Civil Aviation Law of PRC
中华人民共和国民用航空法 The Civil Aviation Law of the People's Republic of China**** Hidden Message ***** CIVIL AVIATION LAW OFTHE PEOPLE'S REPUBLIC OF CHINA9=' ~ ~ ffl AA # -~, fi'U ~EDITED BY GENERAL ADMINISTRAnON OFCIVIL AVIAnON OF CHINACIVIL AVIATION LAW OFTHE PEOPLE'S REPUBLIC OF CHINATranslated by the Legislative Affairs Commission ofthe Standing Committee ofthe National People's Congress ofthe People's Republic of ChinaFirst Edition 1995Copyright 1995 by the Legislative Affairs Commission ofthe Standing Committee ofthe National People's Congress ofthe People's Republic of ChinaAll rights reserved. No part of this bookmay be reproduced or transmitted in anyform or by any means without permissionin writing from the copyright owner.§ ~CONTENTS~$A~~~lJlE~JWi'~ (~)() '" '" (1)Order of the President of the People's Republic of China (English)~$A~~~lJlE ~JfHm~~ C~)() '" ( 3 )Civil Aviation Law of the People's Republic of China (English)~$A~~~lJlE~JWi'~ (~)() '" (89)Order of the President of the People's republic of China (Chinese)~$A~~~lJlE~JfHVt~it (~Jt) '" '" (91)Civil Aviation Law of the People's Republic of China (Chinese)-1-Order of the President ofthe People's Republic of ChinaNo. 56The Civil Aviation Law of the People's Republicof China, adopted at the 16th Meeting of the StandingCommittee of the Eighth National People's Congressof the People's Republic of China on October 30,1995, is hereby promulgated and shall enter into forceas of March 1, 1996.Jiang ZeminPresident of the People's Republic of ChinaOctober 30,1995-1-Civil Aviation Law ofthe People/s Republic of China(Adopted at the 16th Meeting of the Standing Committeeof the Eighth National People's Congress on October 30,1995,promulgated by Order No. 56 of the President of thePeople's Republic of China on October 30, 1995and effective as of March 1, 1996)ContentsChapter IChapter IIchapter IIISection 1Section 2Section 3Section 4Chapter IVChapter VSection 1Section 2Chapter VIChapter VIISection 1Section 2Section 3General ProvisionsNationality of Civil AircraftRights of Civil AircraftBasic PrinciplesOwnership and Mortgage ofCivil AircraftCivil Aircraft LiensLease of Civil AircraftAirworthiness Management ofCivil AircraftAirmenBasic PrinciplesCrewCivil AirportAir NavigationAirspace ManagementFlight ManagementFlight Support-3-Essential Documents for FlightPublic Air Transport EnterprisePublic Air Transport1 Basic Principles2 Transport Documents3 Liability of the Carrier4 Special Provisions GoverningAir Transport Performed byActual CarrierGeneral AviationSearch and Rescue and AccidentInvestigationLiability for Damage to ThirdParties on the SurfaceSpecial Provisions GoverningForeign Civil AircraftApplication of Law toForeign-related MattersLegal LiabilitySupplementary ProvisionsSection 4Chapter VIIIChapter IXSectionSectionSectionSectionChapter XChapter XIChapter XIIChapter XII IChapter XIVChapter XVChapter XVI-4-Chapter IGeneral ProvisionsArticle 1 This Law is enacted with a view tosafeguarding the national sovereignty of territorialairspace and the rights of civil aviation, to ensuring theconduct of civil aviation activities in a safe and orderlymanner, to protecting the lawful rights and interests ofthe parties concerned in civil aviation activities, and topromoting the development of civil aviation industry.Article 2 The airspace above the land territoryand territorial waters of the People/s Republic of Chinais the territorial airspace of the People's Republic ofChina. The People's Republic of China has completeand exclusive sovereignty over its territorial airspace.Article 3 The competent civil aviation authorityunder the State Council exercises unified supervisionand administration over civil aviation activities in thewhole country; issues regulations and decisions concerningcivil aviation activities within the scope of itsauthority in accordance with laws and the decisions ofthe State Council.The regional civil aviation administrative organsset up by the competent civil aviation authority underthe State Council supervise and administer the civil aviationactivities in their respective regions in accordance-5-with the authorizations of the competent civil aviationauthority under the State Council.Article 4 The State supports the development ofcivil aviation industry, and encourages and supports theprogress of scientific research and education in the fieldof civil aviation and the improvement of civil aviationscience and technology.The State supports the development of civil aircraftmanufacturing industry so as to provide safe, advanced,economical and suitable civil aircraft for civilaviation activities.Chapter IINationality of Civil AircraftArticle 5 "Civil aircraft" as referred to in thisLaw means aircraft other than those used in flight missionsof military, customs and police services.Article 6 A civil aircraft that has performed itsnationality registration with the competent civil aviationauthority under the State Council of the People'sRepublic of China according to law has the nationalityof the People's Republic of China, and shall be issued anationality registration certificate by the competent civilaviation authority under the State Council.-6-The competent civil aviation authority under theState Council shall set up a Civil Aircraft NationalityRegister of the People's Republic of China toexclusively record matters concerning nationality registrationof civil aircraft.Article 7 The following civil aircraft shall performthe nationality registration of the People's Republicof China:(1) The civil aircraft of a State organ of thePeople's Republic of China;(2) The civil aircraft of a corporate enterprise setup in accordance with the law of the People's Republicof China; if such corporate enterprise has foreigninvestment in its registered capital, its organizationalstructure and composition of personnel, and the proportionof contribution of Chinese investor shall conform to the provisions of administrative rules and regulations;and(3) Other civil aircraft, the registration of which isapproved by the competent civil aviation authority underthe State Council.Where a civil aircraft was leased from abroad, thelessee being in conformity with the provisions of thepreceding paragraph, and the crew of the civil aircraft isprovided by the lessee, the latter may apply for the nationalityregistration of the People's Republic of China,provided that the original nationality registration ofsuch aircraft has been cancelled.-7-Article 8 A civil aircraft which has acquired thenationality of the People's Republic of China accordingto law shall display the specified nationality mark andregistration mark.Article 9 A civil aircraft shall not possess dualnationality. Application for the nationality registrationof the People's Republic of China shall not be filed fora civil aircraft which has not cancelled its nationality ofa foreign country.Chapter IIIRights of Civil AircraftSection 1 Basic PrinciplesArticle 10 The rights to a civil aircraft as referredto in this Chapter include the rights to the airframe,engines, propellers, radio apparatus of the civil aircraftand all other articles intended for use in such civil aircraft,no matter whether they are installed thereon orseparated temporarily therefrom.Article 11 The person entitled to the rights of acivil aircraft shall register the following rightsrespectively with the competent civil aviation authority-8-under the State Council:(1) The ownership of the civil aircraft;(2) The right for the acquisition and possession ofthe civil aircraft through an act of purchase;(3) The right to possess the civil aircraft inaccordance with a lease contract covering a lease termof six months or over; and(4) Mortgage of the civil aircraft. Article 12 A register of the rights of civil aircraftshall be maintained by the competent civil aviationauthority under the State Council. Matters registeredconcerning the rights of one and the same civilaircraft shall be recorded in the same register of rights.Matters registered concerning the rights of civilaircraft may be made available to the public forinquiry, reproduction or extraction.Article 13 Unless a civil aircraft was the subjectof a forced auction sale in accordance with the law, thenationality registration of such civil aircraft or the registrationof rights thereof shall not be transferredabroad before the registered rights of such aircraft arecompensated or before the consent of the person entitledto the aforesaid rights is given.-9-Section 2 Ownershipand Mortgage of Civil AircraftArticle 14 The acquisition, transference and extinctionof the ownership of a civil aircraft shall be registeredwith the competent civil aviation authority underthe State Council; no acquisition, transference orextinction of the ownership of the civil aircraft shall actagainst a third party unless registered.The transference of the ownership of a civil aircraftshall be made by a contract in writing.Article 15 Where a State-owned civil aircraft isauthorized by the State to be operated, administered orutilized by a legal person, the provisions of this Lawconcerning the owner of civil aircraft shall be applicableto such legal person.Article 16 The mortgage of a civil aircraft shallbe established by registering the mortgage of the civilaircraft with the competent civil aviation authority underthe State Council jointly by the mortgagee and themortgagor; no mortgage may act against a third partyunless registered. Article 17 Once a mortgage is established on acivil aircraft, the ownership of the mortgaged civil aircraftshall not be transferred without the consent of themortgagee.-10-Section 3 Civil Aircraft LiensArticle 18 A civil aircraft lien is the right of theclaimant, subject to the provisions of Article 19 of thisLaw, to take priority in compensation against the ownerand lessee of the civil aircraft with respect to the civilaircraft which gave rise to the said claim.Article 19 The following obligatory rights shallbe entitled to civil aircraft liens:(1) Remuneration for rescuing the civil aircraft;and(2) Necessary expenses incurred for the custody ofthe civil aircraft.With respect to the obligatory rights specified inthe preceding paragraph, that arising later shall be satisfiedfirst.Article 20 The creditor of the civil aircraftliens specified in Article 19 of this Law shall registerhis obligatory rights with the competent civil aviationauthority under the State Council within threemonths commencing from the date of the end of rescueor custody.Article 21 For the common interests of creditors,the expenses incurred in enforcing the decision of-11-the People's Court and in the course of auction saleshall be deducted and paid first from the proceeds ofthe auction sale of the civil aircraft.Article 22 A civil aircraft lien shall have priorityover the mortgage of a civil aircraft. Article 23 Where the obligatory rights providedin Article 19 of this Law are transferred, the civil aircraftliens attached thereto shall be transferredaccordingly.Article 24 A civil aircraft lien shall be enforcedby the People's Court by arresting the civil aircraft thatgave rise to the said civil aircraft lien.Article 25 A civil aircraft lien shall be terminatedat the expiry of three months commencing fromthe date of the end of rescue or custody; except that thecreditor has registered his obligatory rights accordingto the provisions of Article 20 of this Law and thatthe case is under one of the following circumstances:(1) The creditor and debtor have reached agreementon the amount of the said obligatory rights; or(2) The legal action concerning the obligatoryrights has started.A civil aircraft lien shall not be extinguished becauseof the transference of the ownership of the civilaircraft; except that the civil aircraft was the subject of-12-a forced auction sale in accordance with law. Section 4 Lease of Civil AircraftArticle 26 A civil aircraft lease contract, includingfinancing lease contract and other lease contracts,shall be made in writing.Article 27 The "financing lease of civil aircraft"means that the lessor acquires a civil aircraft pursuantto the selection of the lessee with respect to supplier andcivil aircraft, and leases it to the lessee, who shall payrental periodically.Article 28 During the period of financing lease,the lessor shall be legally entitled to the ownership ofthe civil aircraft, and the lessee shall be legally entitledto the rights of possession, utilization and earnings ofthe civil aircraft.Article 29 During the period of financing lease,the lessor shall ensure the lessee to possess and use thecivil aircraft without interference; the lessee shall takeproper care of the civil aircraft and keep it in the conditionin which it was delivered, subject to fair wear andtear and to any modification of the civil aircraft agreedby the lessor.-13-Article 30 When the financing lease contractcomes to an end, the lessee, unless exercising a right topurchase the civil aircraft or to hold the civil aircraft onlease for a further period in accordance with the contract,shall return the civil aircraft to the lessor in thecondition specified in Article 29 of this Law.Article 31 The supplier in the financing lease ofa civil aircraft shall not be liable to both the lessor andthe lessee at the same time in respect of the same damage.Article 32 During the period of financing lease,the lessee may transfer the right of the possession of thecivil aircraft as well as other rights under the lease contractonly with the consent of the lessor and withoutjeopardizing the interests of third parties.Article 33 In the case of a financing lease, orother leases covering a period of six months or longer,the lessee shall register his right of possession of the civilaircraft with the competent civil aviation authorityunder the State Council; no such lease may act againsta third party unless registered.-14- Chapter IVAirworthiness Management of Civil AircraftArticle 34 Application shall be filed with thecompetent civil aviation authority under the StateCouncil for type certificate for the designing of civil aircraftand its engines, propellers and on-board equipment.A type certificate shall be issued accordingly iffound qualified through examination.Article 35 Application shall be filed with thecompetent civil aviation authority under the StateCouncil for production certificate and maintenance certificatefor the production and maintenance of civil aircraftand its engines, propellers and on-board equipment.A corresponding certificate or certificates shall beissued accordingly if found qualified through examination.Article 36 Where a civil aircraft and its engines,propellers and on-board equipment produced by a foreignmanufacturer are imported into China for the firsttime, such foreign manufacturer shall file an applicationwith the competent civil aviation authority under theState Council for type validation certificate. A typevalidation certificate shall be issued if found qualifiedthrough examination.Where a civil aircraft and its engines, propellers-15-and on-board equipment, for which a type certificatehas been issued in a foreign country, are produced forthe first time in China, the holder of the type certificateshall file an application with the competent civil aviationauthority under the State Council for typevalidation certificate. A type validation certificate shallbe issued if found qualified through examination. Article 37 A civil aircraft possessing the nationalityof the People's Republic of China may flyonly if it holds an airworthiness certificate issued bythe competent civil aviation authority under the StateCouncil.Application shall be filed with the competent civilaviation authority under the State Council by the manufacturerfor export airworthiness certificate with respectto the export of civil aircraft and its engines, propellersand on-board equipment. An exportairworthiness certificate shall be issued if found qualifiedthrough examination.A foreign civil aircraft on lease may fly only afterthe competent civil aviation authority under the StateCouncil has examined and rendered valid itsairworthiness certificate issued by the State in whichthe nationality of such aircraft was originally registered,or has issued a new airworthiness certificatetherefor.The regulations for the airworthiness of civil aircraftshall be formulated by the State Council.-16- Article 38 The owner and lessee of a civil aircraftshall use the aircraft in accordance with the scopeof use prescribed in airworthiness certificate,conscientiously carry out the maintenance of the aircraftand ensure its airworthiness.Chapter VAirmenSection 1 Basic PrinciplesArticle 39 The IIairmen" as referred to in thisLaw means the following flight personnel and groundpersonnel engaged in civil aviation activities:(1) Flight personnel, including pilots, navigators,flight engineers, flight radio operators and cabin attendants;and(2) Ground personnel, including civil aircraftmaintenance personnel, air traffic controllers, flightdispatchers and aeronautical radio station operators.