中华人民共和国民用航空法 The Civil Aviation Law of PRC

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中华人民共和国民用航空法 The Civil Aviation Law of the People's Republic of China

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CIVIL AVIATION LAW OF

THE PEOPLE'S REPUBLIC OF CHINA

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EDITED BY GENERAL ADMINISTRAnON OF

CIVIL AVIAnON OF CHINA

CIVIL AVIATION LAW OF

THE PEOPLE'S REPUBLIC OF CHINA

Translated by the Legislative Affairs Commission of

the Standing Committee of

the National People's Congress of

the People's Republic of China

First Edition 1995

Copyright 1995 by the Legislative Affairs Commission of

the Standing Committee of

the National People's Congress of

the People's Republic of China

All rights reserved. No part of this book

may be reproduced or transmitted in any

form or by any means without permission

in writing from the copyright owner.

§ ~

CONTENTS

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Order of the President of the People's Republic of China (English)

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Civil Aviation Law of the People's Republic of China (English)

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Order of the President of the People's republic of China (Chinese)

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Civil Aviation Law of the People's Republic of China (Chinese)

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Order of the President of

the People's Republic of China

No. 56

The Civil Aviation Law of the People's Republic

of China, adopted at the 16th Meeting of the Standing

Committee of the Eighth National People's Congress

of the People's Republic of China on October 30,

1995, is hereby promulgated and shall enter into force

as of March 1, 1996.

Jiang Zemin

President of the People's Republic of China

October 30,1995

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Civil Aviation Law of

the People/s Republic of China

(Adopted at the 16th Meeting of the Standing Committee

of the Eighth National People's Congress on October 30,1995,

promulgated by Order No. 56 of the President of the

People's Republic of China on October 30, 1995

and effective as of March 1, 1996)

Contents

Chapter I

Chapter II

chapter III

Section 1

Section 2

Section 3

Section 4

Chapter IV

Chapter V

Section 1

Section 2

Chapter VI

Chapter VII

Section 1

Section 2

Section 3

General Provisions

Nationality of Civil Aircraft

Rights of Civil Aircraft

Basic Principles

Ownership and Mortgage of

Civil Aircraft

Civil Aircraft Liens

Lease of Civil Aircraft

Airworthiness Management of

Civil Aircraft

Airmen

Basic Principles

Crew

Civil Airport

Air Navigation

Airspace Management

Flight Management

Flight Support

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Essential Documents for Flight

Public Air Transport Enterprise

Public Air Transport

1 Basic Principles

2 Transport Documents

3 Liability of the Carrier

4 Special Provisions Governing

Air Transport Performed by

Actual Carrier

General Aviation

Search and Rescue and Accident

Investigation

Liability for Damage to Third

Parties on the Surface

Special Provisions Governing

Foreign Civil Aircraft

Application of Law to

Foreign-related Matters

Legal Liability

Supplementary Provisions

Section 4

Chapter VIII

Chapter IX

Section

Section

Section

Section

Chapter X

Chapter XI

Chapter XII

Chapter XII I

Chapter XIV

Chapter XV

Chapter XVI

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Chapter I

General Provisions

Article 1 This Law is enacted with a view to

safeguarding the national sovereignty of territorial

airspace and the rights of civil aviation, to ensuring the

conduct of civil aviation activities in a safe and orderly

manner, to protecting the lawful rights and interests of

the parties concerned in civil aviation activities, and to

promoting the development of civil aviation industry.

Article 2 The airspace above the land territory

and territorial waters of the People/s Republic of China

is the territorial airspace of the People's Republic of

China. The People's Republic of China has complete

and exclusive sovereignty over its territorial airspace.

Article 3 The competent civil aviation authority

under the State Council exercises unified supervision

and administration over civil aviation activities in the

whole country; issues regulations and decisions concerning

civil aviation activities within the scope of its

authority in accordance with laws and the decisions of

the State Council.

The regional civil aviation administrative organs

set up by the competent civil aviation authority under

the State Council supervise and administer the civil aviation

activities in their respective regions in accordance

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with the authorizations of the competent civil aviation

authority under the State Council.

Article 4 The State supports the development of

civil aviation industry, and encourages and supports the

progress of scientific research and education in the field

of civil aviation and the improvement of civil aviation

science and technology.

The State supports the development of civil aircraft

manufacturing industry so as to provide safe, advanced,

economical and suitable civil aircraft for civil

aviation activities.

Chapter II

Nationality of Civil Aircraft

Article 5 "Civil aircraft" as referred to in this

Law means aircraft other than those used in flight missions

of military, customs and police services.

Article 6 A civil aircraft that has performed its

nationality registration with the competent civil aviation

authority under the State Council of the People's

Republic of China according to law has the nationality

of the People's Republic of China, and shall be issued a

nationality registration certificate by the competent civil

aviation authority under the State Council.

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The competent civil aviation authority under the

State Council shall set up a Civil Aircraft Nationality

Register of the People's Republic of China to

exclusively record matters concerning nationality registration

of civil aircraft.

Article 7 The following civil aircraft shall perform

the nationality registration of the People's Republic

of China:

(1) The civil aircraft of a State organ of the

People's Republic of China;

(2) The civil aircraft of a corporate enterprise set

up in accordance with the law of the People's Republic

of China; if such corporate enterprise has foreign

investment in its registered capital, its organizational

structure and composition of personnel, and the proportion

of contribution of Chinese investor shall conform

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to the provisions of administrative rules and regulations;

and

(3) Other civil aircraft, the registration of which is

approved by the competent civil aviation authority under

the State Council.

Where a civil aircraft was leased from abroad, the

lessee being in conformity with the provisions of the

preceding paragraph, and the crew of the civil aircraft is

provided by the lessee, the latter may apply for the nationality

registration of the People's Republic of China,

provided that the original nationality registration of

such aircraft has been cancelled.

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Article 8 A civil aircraft which has acquired the

nationality of the People's Republic of China according

to law shall display the specified nationality mark and

registration mark.

Article 9 A civil aircraft shall not possess dual

nationality. Application for the nationality registration

of the People's Republic of China shall not be filed for

a civil aircraft which has not cancelled its nationality of

a foreign country.

Chapter III

Rights of Civil Aircraft

Section 1 Basic Principles

Article 10 The rights to a civil aircraft as referred

to in this Chapter include the rights to the airframe,

engines, propellers, radio apparatus of the civil aircraft

and all other articles intended for use in such civil aircraft,

no matter whether they are installed thereon or

separated temporarily therefrom.

Article 11 The person entitled to the rights of a

civil aircraft shall register the following rights

respectively with the competent civil aviation authority

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under the State Council:

(1) The ownership of the civil aircraft;

(2) The right for the acquisition and possession of

the civil aircraft through an act of purchase;

(3) The right to possess the civil aircraft in

accordance with a lease contract covering a lease term

of six months or over; and

(4) Mortgage of the civil aircraft.

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Article 12 A register of the rights of civil aircraft

shall be maintained by the competent civil aviation

authority under the State Council. Matters registered

concerning the rights of one and the same civil

aircraft shall be recorded in the same register of rights.

Matters registered concerning the rights of civil

aircraft may be made available to the public for

inquiry, reproduction or extraction.

Article 13 Unless a civil aircraft was the subject

of a forced auction sale in accordance with the law, the

nationality registration of such civil aircraft or the registration

of rights thereof shall not be transferred

abroad before the registered rights of such aircraft are

compensated or before the consent of the person entitled

to the aforesaid rights is given.

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Section 2 Ownership

and Mortgage of Civil Aircraft

Article 14 The acquisition, transference and extinction

of the ownership of a civil aircraft shall be registered

with the competent civil aviation authority under

the State Council; no acquisition, transference or

extinction of the ownership of the civil aircraft shall act

against a third party unless registered.

The transference of the ownership of a civil aircraft

shall be made by a contract in writing.

Article 15 Where a State-owned civil aircraft is

authorized by the State to be operated, administered or

utilized by a legal person, the provisions of this Law

concerning the owner of civil aircraft shall be applicable

to such legal person.

Article 16 The mortgage of a civil aircraft shall

be established by registering the mortgage of the civil

aircraft with the competent civil aviation authority under

the State Council jointly by the mortgagee and the

mortgagor; no mortgage may act against a third party

unless registered.

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Article 17 Once a mortgage is established on a

civil aircraft, the ownership of the mortgaged civil aircraft

shall not be transferred without the consent of the

mortgagee.

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Section 3 Civil Aircraft Liens

Article 18 A civil aircraft lien is the right of the

claimant, subject to the provisions of Article 19 of this

Law, to take priority in compensation against the owner

and lessee of the civil aircraft with respect to the civil

aircraft which gave rise to the said claim.

Article 19 The following obligatory rights shall

be entitled to civil aircraft liens:

(1) Remuneration for rescuing the civil aircraft;

and

(2) Necessary expenses incurred for the custody of

the civil aircraft.

With respect to the obligatory rights specified in

the preceding paragraph, that arising later shall be satisfied

first.

Article 20 The creditor of the civil aircraft

liens specified in Article 19 of this Law shall register

his obligatory rights with the competent civil aviation

authority under the State Council within three

months commencing from the date of the end of rescue

or custody.

Article 21 For the common interests of creditors,

the expenses incurred in enforcing the decision of

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the People's Court and in the course of auction sale

shall be deducted and paid first from the proceeds of

the auction sale of the civil aircraft.

Article 22 A civil aircraft lien shall have priority

over the mortgage of a civil aircraft.

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Article 23 Where the obligatory rights provided

in Article 19 of this Law are transferred, the civil aircraft

liens attached thereto shall be transferred

accordingly.

Article 24 A civil aircraft lien shall be enforced

by the People's Court by arresting the civil aircraft that

gave rise to the said civil aircraft lien.

Article 25 A civil aircraft lien shall be terminated

at the expiry of three months commencing from

the date of the end of rescue or custody; except that the

creditor has registered his obligatory rights according

to the provisions of Article 20 of this Law and that

the case is under one of the following circumstances:

(1) The creditor and debtor have reached agreement

on the amount of the said obligatory rights; or

(2) The legal action concerning the obligatory

rights has started.

A civil aircraft lien shall not be extinguished because

of the transference of the ownership of the civil

aircraft; except that the civil aircraft was the subject of

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a forced auction sale in accordance with law.

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Section 4 Lease of Civil Aircraft

Article 26 A civil aircraft lease contract, including

financing 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 pursuant

to the selection of the lessee with respect to supplier and

civil aircraft, and leases it to the lessee, who shall pay

rental periodically.

Article 28 During the period of financing lease,

the lessor shall be legally entitled to the ownership of

the civil aircraft, and the lessee shall be legally entitled

to the rights of possession, utilization and earnings of

the civil aircraft.

Article 29 During the period of financing lease,

the lessor shall ensure the lessee to possess and use the

civil aircraft without interference; the lessee shall take

proper care of the civil aircraft and keep it in the condition

in which it was delivered, subject to fair wear and

tear and to any modification of the civil aircraft agreed

by the lessor.

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Article 30 When the financing lease contract

comes to an end, the lessee, unless exercising a right to

purchase the civil aircraft or to hold the civil aircraft on

lease for a further period in accordance with the contract,

shall return the civil aircraft to the lessor in the

condition specified in Article 29 of this Law.

Article 31 The supplier in the financing lease of

a civil aircraft shall not be liable to both the lessor and

the 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 the

civil aircraft as well as other rights under the lease contract

only with the consent of the lessor and without

jeopardizing the interests of third parties.

Article 33 In the case of a financing lease, or

other leases covering a period of six months or longer,

the lessee shall register his right of possession of the civil

aircraft with the competent civil aviation authority

under the State Council; no such lease may act against

a third party unless registered.

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Chapter IV

Airworthiness Management of Civil Aircraft

Article 34 Application shall be filed with the

competent civil aviation authority under the State

Council for type certificate for the designing of civil aircraft

and its engines, propellers and on-board equipment.

A type certificate shall be issued accordingly if

found qualified through examination.

Article 35 Application shall be filed with the

competent civil aviation authority under the State

Council for production certificate and maintenance certificate

for the production and maintenance of civil aircraft

and its engines, propellers and on-board equipment.

A corresponding certificate or certificates shall be

issued accordingly if found qualified through examination.

Article 36 Where a civil aircraft and its engines,

propellers and on-board equipment produced by a foreign

manufacturer are imported into China for the first

time, such foreign manufacturer shall file an application

with the competent civil aviation authority under the

State Council for type validation certificate. A type

validation certificate shall be issued if found qualified

through examination.

Where a civil aircraft and its engines, propellers

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and on-board equipment, for which a type certificate

has been issued in a foreign country, are produced for

the first time in China, the holder of the type certificate

shall file an application with the competent civil aviation

authority under the State Council for type

validation certificate. A type validation certificate shall

be issued if found qualified through examination.

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Article 37 A civil aircraft possessing the nationality

of the People's Republic of China may fly

only if it holds an airworthiness certificate issued by

the competent civil aviation authority under the State

Council.

Application shall be filed with the competent civil

aviation authority under the State Council by the manufacturer

for export airworthiness certificate with respect

to the export of civil aircraft and its engines, propellers

and on-board equipment. An export

airworthiness certificate shall be issued if found qualified

through examination.

A foreign civil aircraft on lease may fly only after

the competent civil aviation authority under the State

Council has examined and rendered valid its

airworthiness certificate issued by the State in which

the nationality of such aircraft was originally registered,

or has issued a new airworthiness certificate

therefor.

The regulations for the airworthiness of civil aircraft

shall be formulated by the State Council.

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Article 38 The owner and lessee of a civil aircraft

shall use the aircraft in accordance with the scope

of use prescribed in airworthiness certificate,

conscientiously carry out the maintenance of the aircraft

and ensure its airworthiness.

Chapter V

Airmen

Section 1 Basic Principles

Article 39 The IIairmen" as referred to in this

Law means the following flight personnel and ground

personnel 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 aircraft

maintenance personnel, air traffic controllers, flight

dispatchers and aeronautical radio station operators.