中华人民共和国民用航空器权利登记条例

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中华人民共和国民用航空器权利登记条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON CIVIL AIRCRAFT RIGHTS REGISTRATION

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国务院令第233号
(Promulgated by Decree No. 233 of the State Council of the People's Republic of China on October 21, 1997)
颁布日期：19971021 　实施日期：19971021 　颁布单位：国务院

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　　Article 1 These Regulations are formulated in accordance with the Civil Aviation Law of the People's Republic of China.

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　　Article 2 Handling of formalities of civil aircraft rights registration in the People's Republic of China shall abide by these Regulations.

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　　Article 3 The competent department of civil aviation under the State Council shall take charge of the work of civil aircraft rights registration, set up a civil aircraft rights registration book and uniformly record the particulars of civil aircraft rights registration. Particulars of rights registration of the same civil aircraft shall be recorded in the same rights registration book.

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　　Article 4 In going through formalities of registration of ownership, the right of possession or mortgage rights of a civil aircraft, the obligee of the civil aircraft shall, pursuant to the provisions of the competent department of civil aviation under the State Council, fill out separately application forms for the registration of ownership, the right of possession and mortgage rights of the civil aircraft and present the corresponding documents prescribed in Article 5 to Article 7 of these Regulations to the competent department of civil aviation under the State Council.

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　　In going through formalities of registration of priority rights of a civil aircraft, the creditor of priority rights of the civil aircraft shall, within three months from the date of termination of rescue or safekeeping and maintenance and pursuant to the provisions of the competent department of civil aviation under the State Council, fill out the application form for the registration of priority rights of civil aircraft and present documents adequate to prove his/her legal status and relevant documents of obligation to the competent department of civil aviation under the State Council.

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　　Article 5 In going through formalities of registration of ownership of a civil aircraft, the owner of the civil aircraft shall present the following documents or their duplicated copies checked and found to be correct:

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　　(1) the civil aircraft nationality registration certificate;

　　(2) document of proof obtained on the ownership of the civilian aircraft; and

　　(3) other necessary relevant documents the presentation of which is required by the competent department of civil aviation under the State Council.

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　　Article 6 In going through formalities of registration of the right of possession of a civil aircraft, the possessor of the civil aircraft shall present the following documents or their duplicated copies checked and found to be correct:

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　　(1) the civil aircraft nationality registration certificate;

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　　(2) the civil aircraft ownership registration certificate or the corresponding document of proof of ownership; for civil aircraft the mortgage of which has been designated, relevant documents of proof shall also be provided;

　　(3) the purchase-sale contract or lease contract of civil aircraft in conformity with the provisions of Section 2 or Section 3 of Article 11 of the Civil Aviation Law of the People's Republic of China; and

　　(4) other necessary relevant documents the presentation of which is required by the competent department of civil aviation under the State Council.

　　Article 7 In going through formalities of registration of mortgage rights of civil aircraft, the mortgage creditor and mortgage debtor shall present the following documents or their duplicated copies checked and found to be correct:

　　(1) the civil air

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craft nationality registration certificate;

　　(2) the civil aircraft ownership registration certificate or corresponding documents of proof of ownership;

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　　(3) the civil aircraft mortgage contract; and

　　(4) other necessary relevant documents the presentation of which is required by the competent department of civil aviation under the State Council.

　　Article 8 In the case of designation of one mortgage right for more than two civil aircraft or more than two items of mortgage rights for the same civil aircraft, the civil aircraft mortgage creditor and mortgage debtor shall separately go through formalities of registration of mortgage rights with respect to each and every civil aircraft or each and every item of mortgage rights.

　　Article 9 The competent department of civil aviation under the State Council shall, within seven working days from the date of receipt of an application for registration of rights of a civil aircraft, examine the particulars of the application for registration of rights. For the application found to conform to the provisions of these Regulations upon examination, a corresponding civil aircraft rights registration certificate shall be issued to the obligee of the civil aircraft and corresponding particulars provided for in Article 10 to Article 13 of these Regulations recorded in a civil aircraft rights registration book in the light of different circumstances; for the application found not in conformity with the provisions of these Regulations, the obligee of a civil aircraft shall be notified in writing.

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　　Article 10 The competent department of civil aviation under the State Council shall, in issuing a civil aircraft rights registration certificate to the owner of a civil aircraft, record the following particulars in a civil aircraft rights registration book:

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　　(1) nationality, nationality mark and registration mark of the civil aircraft;

　　(2) name or title, address and name of his/her legal representative of the owner of the civil aircraft;

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　　(3) in the case of a civil aircraft jointly owned by several persons, information on joint ownership by them of the civil aircraft shall be recorded;

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　　(4) the way in which and the date on which the ownership of the civil aircraft was obtained;

　　(5) name of the manufacturer, date of manufacture and place of manufacture of the civil aircraft;

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　　(6) value, material of aircraft fuselage and main technical data of the civil aircraft;

　　(7) for a civil aircraft the mortgage of which has been designated, information on the designation of mortgage rights shall be recorded;

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　　(8) registration date of the ownership of the civil aircraft; and

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　　(9) other particulars prescribed by the competent department of civil aviation under the State Council.

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　　Article 11 The competent department of civil aviation under the State Council shall, in issuing a civil aircraft right of possession registration certificate to the possessor of a civil craft, record the following particulars in the civil aircraft rights registration book:

　　(1) nationality, nationality mark and registration mark of the civil aircraft;

　　(2) name or title, address and name of his/her legal representative of the possessor, owner or lessor of the civil aircraft;

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　　(3) the way in which and the date on which the right of possession of the civil aircraft was obtained and the agreed terms of possession;

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　　(4) registration date of the right of possession of the civil aircraft; and

　　(5) other particulars prescribed by the competent department of civil aviation under the State Council.

　　Article 12 The competent department of civil aviation under

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the State Council shall, in issuing a civil aircraft mortgage rights registration certificate to a civil aircraft mortgage creditor, record the following particulars in the civil aircraft rights registration book: ! `; P* k: d$ a% _1 ]5 c) K) W0 A

　　(1) nationality, nationality mark and registration mark of the civil aircraft mortgaged;

　　(2) names or titles, addresses and names of their legal representatives of the mortgage creditor and mortgage debtor;

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　　(3) amount of creditor's rights, interest rate and time period of compensation guaranteed for the civil aircraft mortgaged;

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　　(4) registration date of the mortgage rights of the civil aircraft; and

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　　(5) other particulars prescribed by the competent department of civil aviation under the State Council.

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　　Article 13 The competent department of civil aviation under the State Council shall, in issuing a civil aircraft priority rights registration certificate to a civil aircraft priority rights creditor, record the following particulars in the civilian aircraft rights registration book:

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　　(1) nationality, nationality mark and registration mark of the civil aircraft on which creditor's rights occur;

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　　(2) name or title, address and name of his/her legal representative of the creditor of priority rights of the civil aircraft;

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　　(3) name or title, address and name of his/her legal representative of the owner, operator, lessee of the civil aircraft on which creditor's rights occur;

　　(4) amount of creditor's rights advocated by the creditor of priority rights of the civil aircraft and time and causes of the occurrence of the creditor's rights;

　　(5) registration date of priority rights of the civil aircraft; and

　　(6) other particulars prescribed by the competent department of civil aviation under the State Council.

　　Article 14 For the same civil aircraft more than two items of mortgage rights have been designated, the competent department of civil aviation under the State Council shall carry out the registration pursuant to the order of precedence of the application date of mortgage rights registration.

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　　Article 15 A civil aircraft obligee shall, in the event of changes in particulars in civil aircraft rights registration, go through formalities of changes in registration at the competent department of civil aviation under the State Council on the strength of the relevant civil aircraft rights registration certificate and documents proving the changes.

　　In the event of changes in mortgage contract of a civil aircraft, the mortgage creditor and mortgage debtor shall jointly go through formalities of changes in registration at the competent department of civil aviation under the State Council.

　　Article 16 The competent department of civil aviation under the State Council shall, within seven working days from the date of receipt of an application for changes in registration of civil aircraft rights, examine the particulars of changes in registration applied for. For the application found to conform to the provisions of these Regulations upon examination, annotations shall be made in the relevant rights registration certificate and the civil aircraft rights registration book; for the application found not in conformity with the provisions of these Regulations, the obligee of the civil aircraft shall be notified in writing.

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　　Article 17 In the event of any of the following circumstances, the obligee of a civil aircraft shall go through formalities of nullification of registration at the competent department of civil aviation under the State Council on the strength of the relevant civil aircraft rights registration certificate and documents of proof:

　　(1) transfer of ownership o

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f the civil aircraft;

　　(2) destruction or missing of the civil aircraft;

　　(3) termination of lease relationship of the civil aircraft or termination of possession by the possessor of the civil aircraft;

　　(4) elimination of creditor's rights guaranteed under mortgage rights of the civil aircraft;

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　　(5) elimination of priority rights of the civil aircraft; or

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　　(6) other circumstances provided for by the competent department of civil aviation under the State Council.

　　Article 18 The competent department of civil aviation under the State Council shall, within seven working days from the date of receipt of an application for the nullification of registration, examine the particulars of nullification of registration applied for. For the application found to conform to the provisions of these Regulations upon examination, the relevant civil aircraft rights registration certificate shall be withdrawn and the rights registration in the civil aircraft rights registration book nullified correspondingly, and a civil aircraft rights registration nullification certificate issued to the obligee of the civil aircraft in the light of specific circumstances; for the application found not in conforming with the provisions of these Regulations, the obligee of the civil aircraft shall be notified in writing.

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　　Article 19 An applicant going through formalities of civil aircraft rights registration shall pay a registration fee. The rate of registration fee shall be fixed by the competent department of civil aviation under the State Council in conjunction with the competent department of price control under the State Council.

　　Article 20 These Regulations shall enter into force as of the date of promulgation.