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Administrative Measures On Approval Of Permanent Representative Offices Of Foreign Air Transport Enterprises

Original Language Title: 外国航空运输企业常驻代表机构审批管理办法

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(Civil Aviation Administration of China on April 3, 2006 to 165th released since May 3, 2006) Chapter I General provisions article code for representative offices of foreign air transport enterprises (hereinafter referred to as representative bodies) and personnel management, according to People's Republic of China State Council provisional regulations on management of representative offices of foreign enterprises, these measures are formulated.
    Article referred to representative bodies are allowed to set up in China by foreign air transport enterprises and representative offices engaged in business activities.
    Chief Representative in these measures refers to head of the representative office's main; representative mentioned in these measures refers to other key personnel of the representative office.
    Article of foreign air transport enterprises to apply for People's Republic of China to establish a representative office in the territory, must be approved by the People's Republic of China General Administration of civil aviation (hereinafter referred to as the Civil Aviation Administration) approval, and People's Republic of China authorized by the State administration for industry and commerce or its provinces, autonomous regions, municipalities, and cities with municipal administration for industry and Commerce (hereinafter referred to as registration authority) registration.
    Article fourth of foreign air transport enterprises without approval and registration may not be in the People's Republic of China to establish a representative office in the territory shall not carry out an air carrier's business-related operational activities.
    Fifth representative office and its members must abide by the People's Republic of China laws and regulations and the civil aviation regulations and must not harm People's Republic of China Security and social and public interests.
    Representative offices and their personnel's legitimate rights and interests protected by the Chinese laws.
    Article sixth of civil aviation under the People's Republic of China legal and authorized by the State Council, within the limits of the competence of the representative body in discharging their management responsibilities. Second chapter representative institutions of established, and extension, and change and terminated seventh article foreign air transport enterprise established representative institutions, should meet following basic conditions: (a) according to the foreign air transport enterprise where country Government and People's Republic of China Government signed of air transport agreement or about agreement, the foreign air transport enterprise get engaged in two between air transport service of specified qualification; not get engaged in two between air transport service specified qualification of foreign air transport enterprise established representative institutions, must after CAAC of special approved
    (Ii) the foreign air transport enterprises must apply for approval in accordance with this management approach. Eighth article foreign air transport enterprise application established representative institutions, should according to different situation to CAAC submitted application material: (a) specified of foreign air transport enterprise application established representative institutions, should to CAAC submitted following material: 1, and CAAC issued of business license copies or other form of approved file copies; 2, and by the air transport enterprise statutory representative people signed of applications, content including: established representative institutions of purpose, and representative institutions of name, and presence personnel (Chief, and representative), and
    Business, Office address, contact information, and so on; 3, signed by the legal representative appointed by the air transport enterprises representative offices of Chief Representative and representative of the power of Attorney, copies of valid travel documents of the Chief Representative and representative 4, Chief Representative and representative of the representative offices of foreign air transport enterprises personnel registration form in duplicate. (Ii) non-specified of foreign air transport enterprise application established representative institutions, should to CAAC submitted following material: 1, and the air transport enterprise where country of about authorities or the air transport enterprise and CAAC reached of about agreement copies; 2, and by the air transport enterprise statutory representative people signed of applications, content including: enterprise profile, and established representative institutions of purpose, and representative institutions of name, and presence personnel (Chief, and representative), and business range, and Office address, and contact way,; 3, and
    Issued by the appropriate authority of the State in which the air opening of the legal certificate (copy); 4, signed by the legal representative appointed by the air transport enterprises representative offices of Chief Representative and representative of the power of Attorney, copies of valid travel documents of the Chief Representative and representative; 5, Chief Representative and representative of the representative offices of foreign air transport enterprises personnel registration form in duplicate. Nineth article CAAC on applicants proposed of application, according to following situation respectively made processing: (a) application material exists can spot corrections of errors of, allows application people spot corrections; (ii) application material not complete or not meet statutory form of, spot or in 5th within once told applicants need correction of all content, late not told of, since received application material of day up that for accepted; (three) application material complete, and meet statutory form, or applicants by requirements submitted all correction application material of,
    Be admissible. Article tenth of civil aviation should be made from the date of acceptance of the 20th ratification of the decision to or not to approve the establishment of representative offices.
    Can't make a decision in the 20th, and approved by the head of the Civil Aviation Administration, extension of the 10th, and shall inform the applicant of the reasons for such further period.
    The CAAC approved the decision to establish a representative office, shall make a decision within 10th of issuing the certificate of approval to the applicant; not to approve the establishment of representative offices, it shall notify the applicant and give reasons for their rejection. 11th the establishment of representative offices of foreign air transport enterprises after the application is approved, the representative body shall, in accordance with the relevant provisions to the registration office for registration.
    Fails to register, certificate of approval shall automatically cease.
    12th article specified of foreign air transport enterprise representative institutions approved certificate effective term should and CAAC to its issued of business license of validity consistent, non-specified of foreign air transport enterprise representative institutions validity General for three years, standing in period since CAAC issued approved certificate of day up calculation, standing in expires as needed extension, foreign air transport enterprise must ahead of 45 days to approval organ proposed application, handle extension procedures.
    13th representative office renewal, shall submit an application to the Civil Aviation Administration according to different materials: (a) the designated foreign air transport enterprises should provide the following materials: 1, copies of valid business license issued by the Civil Aviation Administration or other copies of approval documents; 2, signed by the legal representative of deferred applications; 3, the enterprise copy of copy of certificate of approval and registration of the representative office.
    (B) non-designated foreign air transport enterprises should provide the following materials: 1, the air transport enterprises in the host country's authorities or the air transport enterprises with copies of relevant agreements reached by the Civil Aviation Administration; 2, signed by the legal representative of the Enterprise Extensions application; 3, the enterprise copy of copy of certificate of approval and registration of the representative office. 14th designated representative offices of foreign air transport enterprises of effective extension of certificate of approval with the CAAC issued to them by the effective extension of the business license, representative offices of foreign air transport enterprises of non-specified General extension certificate of approval valid for three years.
    After the extension of the application of the representative office is approved and issued by the Civil Aviation Administration extension certificate of approval, the representative office shall, in accordance with the relevant provisions of delayed registration procedures.
    15th changes name of the representative offices of foreign air transport enterprises, replacing or increasing the Chief Representative or representative, change the scope of business and Office address of representative bodies should be submitted to the Civil Aviation Administration signed by the legal representative of the enterprise applications and materials associated with the change.
    In the same city as change business address of the representative office of the application may be signed by the Chief of the representative office.
    16th changes after the application is approved, approval certificate issued by the Civil Aviation Administration of changes, the representative office shall, in accordance with the relevant provisions of alteration registration procedures.
    Article 17th representative office fails to make the application for extension of the expiration of the period, the original certificate of approval by the Civil Aviation Administration to be cancelled.
    Foreign air transport enterprises revoked before the expiry of the validity period of their representative body, should be before the end in the 30th by the air transportation notice of withdrawal signed by the legal representative of the Enterprise representative offices, and provide the original copy of the certificate of civil aviation records.
    18th Representative Office's name should be "country + name + City + Office" manner. 19th representative office establishment, extension, alteration and withdrawal of applications and the Chief Representative and representative of the power of attorney should be written in Chinese, if written in other languages, Chinese translations shall be attached. Other applications, such as written with the Chinese characters, Chinese translations shall be attached.
    Relevant documents, the legal effect of the material the Chinese text shall prevail. Third chapter Chief and representative of management 20th article representative institutions of Chief and representative must has following qualification: (a) holds effect passport of foreign citizens (not containing foreign in China of students); (ii) in outside has get foreign long-term live qualification of China citizens; (three) holding effective documents of Hong Kong and Macao residents, and Taiwan residents; (four) foreign air transport enterprise hired China citizens (not containing this article second paragraph by refers to China citizens) any its representative institutions of Chief or representative,
    According to People's Republic of China laws and regulations apply for approval. 21st expatriate Chief Representative and representative of representative office, with employment visas after entering and supporting direct certification for employment; without a job visa foreign Chief Representative and representative of the representative body, with the certificate of registration of representative offices of foreign air transport enterprises and the representative offices of foreign air transport enterprises of work permit, applying for employment visas and work permit.
    State and foreign air transport enterprises has visa abolition agreements, according to the agreement.
    22nd article application replaced representative institutions Chief of, the foreign air transport enterprise should to CAAC submitted following information: (a) the air transport enterprise statutory representative people signed of applications; (ii) the air transport enterprise statutory representative people signed of authorized book; (three) intends any people fill in of foreign air transport enterprise representative institutions personnel registration form a type two copies; (four) intends any people effective travel documents copies. To request replacement of institutions representative of, the Civil Aviation Administration of representative offices of foreign air transport enterprises shall submit the following documents:

    (A) the Chief Representative of representative office an application signed by the air transport enterprises, (ii) the air transport enterprise representative powers of attorney signed by the legal representative of the institution; (c) the persons to be appointed to fill out the representative offices of foreign air transport enterprises of personnel registration form in duplicate (iv) copies of people with valid travel documents to be appointed.
    Supervision and administration of representative offices of the fourth chapter article 23rd civil aviation in accordance with the provisional regulations on the management of representative offices of foreign enterprises and the management measures and other relevant laws and regulations, in conjunction with the departments concerned to the operational activities of representative offices of foreign air transport enterprises to manage, supervise and check.
    Article 24th on the establishment of representative offices of foreign air transport enterprises in the People's Republic of China bear legal responsibility for all business activities in the territory.
    25th Civil Aviation Administration for violations of People's Republic of China laws, regulations and administrative measures, representative bodies, according to the circumstances, within the limits of competence administrative penalties according to law.
    Fifth chapter supplementary articles article 26th foreign air transport enterprises to apply for People's Republic of China accredited permanent representatives, reference to these management measures.
    Foreign air transport services enterprise applications in the People's Republic of China Representative Office established or accredited permanent representatives, reference to these management measures.
    Administrative measures for the 27th article of the prescribed time limit to working days, excluding holidays. 28th article of the administrative measures implemented since the 30th after the date of its publication.
                                  December 4, 1980, relating to the implementation of the interim provisions on permanent representative offices of foreign enterprises notice ((80) No No. 399 CAD) repealed simultaneously.