Working Rules For Civil Aviation Administrative License

Original Language Title: 民用航空行政许可工作规则

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(Civil Aviation Administration of China on February 20, 2006, 161th announced since March 20, 2006) Chapter I General provisions article to regulate civil aviation administrative permission, maintaining the lawful rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative licensing law (hereinafter referred to as the administrative licensing law), these rules are formulated.
    The second civil aviation administration of China (hereinafter referred to as the Civil Aviation Administration), the civil aviation authority of China (hereinafter referred to as the civil aviation authority) and laws and regulations authorized the administrative permission of Civil Aviation Organization (hereinafter referred to as authorized organizations) the implementation of administrative licensing shall comply with the administrative licensing law and other relevant laws and regulations and the provisions of this rule.
    Administration departments mentioned in these rules refers to the Civil Aviation Administration and the civil aviation authority.
    Civil Aviation Administration on direct management of enterprises and institutions in personnel, finance and foreign affairs matters, such as approval, these rules do not apply.
    Article III of the Civil Aviation Administration the implementation of administrative licensing shall follow the principles of impartiality, fair, open, accessible, and efficient.
    Chapter II civil aviation administrative permission set fourth administration departments of the implementation of administrative licensing items must be laws, administrative regulations or the State Council decided to set up the administrative licensing items.
    Civil Aviation administrative organs and their features, or agency, shall be the civil aviation regulations or red tape, the creation of administrative licensing.
    Laws, regulations, or the State Council decided to set the administrative licensing items having established licensing conditions, other conditions of regulations no additional contravenes a law, does not specify the specific license conditions, application materials and procedures to enforce regulations, issued by the civil aviation regulations, specific provisions are made for the implementation of the administrative license.
    CAAC held that it required a fifth or canceled administrative licensing items, should draw up draft laws and regulations, or the State Council decided to draft, submitted to the national people's Congress to make laws, enacted by the State Council regulations or issue decided to set up a new administrative license or removal of existing administrative licensing.
    Sixth civil aviation administrative organ shall once a year on Civil Aviation administrative licensing implementation and evaluate the necessity of the existence of, and report to the establishment of an administrative license.
    Chapter III civil aviation administrative licensing organ article seventh civil aviation administrative license is implemented by the following organs: (a) the Civil Aviation Administration, (ii) the civil aviation authority.
    Article eighth civil aviation administration within departments and agencies based on their duties, contractors specific matters relating to administrative licensing items, but not the implementation of administrative licensing in their own name. Nineth administration departments according to the provisions of the laws, regulations and rules, may entrust other administrative bodies of the implementation of administrative licensing.
    Delegate the implementation of administrative licensing shall be signed civil aviation administrative license power of attorney.
    Power of attorney should contain a delegate and was entrusted with the institution's name, address, contact, delegate specific matters, mandates and responsibilities, etc. Entrusted with the authority shall accept administrative licensing applications on behalf of the principal organs, administrative licensing decisions are made, and served on the applicant a decision.
    The entrusting administrative organ shall not delegate any other organizations or individuals, the implementation of administrative licensing.
    Administration departments should be entrusted with the implementation of administrative license, supervise, and liable for the result of the behavior.
    Tenth Article authorized by laws and regulations with civil aviation industry management functions of the Organization, within the statutory mandate, the implementation of administrative licensing in their own name.
    11th civil aviation administrative licenses need to be reviewed by the internal departments of civil aviation, should identify a Department, assisted by other departments, host departments are responsible for accepting an application for administrative license and administrative licensing decision. 12th on the direct relationship between aviation safety equipment, facilities, products, testing, inspection, and quarantine of goods, in addition to laws, administrative rules and regulations imposed by the Civil Aviation Administration's foreign, shall be progressively implemented by the professional and technical organizations comply with the statutory requirements.
    Professional and technical organizations and their personnel to the implementation of testing, inspection, and quarantine conclusion to assume legal responsibility. Chapter fourth civil aviation implementation of the administrative licensing procedures section I apply for and receive the 13th citizens, legal persons or other organizations engaged in civil aviation activities, administrative licensing law to be made, you can submit an application by the applicant to the Executive Office, may authorize an agent to apply, you can use the file, or by letter, telegram, telex, fax, electronic data interchange and e-mail form to apply.
    Otherwise provided for by laws, rules and regulations, in accordance with its provisions.
    Administration departments should create conditions for realization of applying for permits online applications, Executive online, but licensing decision shall provide a written document. 14th article implementation civil aviation administrative license, implementation organ should according to administrative license method of about provides, will following content in implementation organ of website or Office places be publicity: (a) administrative license of matters; (ii) administrative license of according to; (three) administrative license of conditions; (four) administrative license of program and implementation term; (five) has number limit of administrative license of number; (six) law need for hearing of civil aviation administrative license matters; (seven) need applicants submitted material of directory; (eight) applications paper
    This style, (IX) implementation of the administrative license law of civil aviation should be charging statutory projects and standards; (j) civil aviation oversight and complaint channel for the administrative license and (11) other matters which are required by law to public.
    15th Civil Aviation administrative organ may not require an applicant to submit the relevant civil aviation application material not covered in the implementation of administrative licensing regulations.
    Applicants submit application materials are incomplete or do not comply with the statutory format, could spot correction correction on the spot cannot be corrected on the spot, the Civil Aviation Administration shall inform the applicant in writing within the 5th need correction of all applicants after correction in accordance with written materials, the Civil Aviation Administration shall accept the application.
    Civil Aviation Administration fails to inform the, shall be accepted as of the date of receipt of the application materials.
    16th proposed a license application for letters, telegrams, processing time is subject to Executive sign; by telex, fax, electronic data interchange and e-mail applications, processing times to enter the receiving device records the time of application materials are incomplete or do not comply with the statutory format, processing time is subject to receive correction material all the time. Article 17th Civil Aviation Administration accept or do not accept administrative licensing applications, applicants should be administrative organs regarding administrative Licensing certificate with the Special seal and date the notice.
    Inadmissible, shall indicate the reasons. 18th license application requires rich text, the Civil Aviation Administration shall provide the applicant with the application form of administrative license text.
    Application format text must not contain licensing matters not directly related to the content.
    19th all instruments should be standardized, legitimacy of Civil Aviation Administration, laws, regulations and rules have special requirements for civil aviation administrative licensing instruments, from its provisions.
    Civil Aviation administrative license include administrative license application (including changes of administrative permit book), correction of administrative licensing notices, approvals of materials accepted with a rejection notice, administrative permit extension notice, notice of hearing, the granting of permit decision, refuse to permit decision, granted or not change the licensing book, grant or refuse further licensing decision.
    20th civil instruments should be uniform number of administrative license preparation and printing.
    Article 21st Civil Aviation Administration to the applicant for administrative Licensing application form text, tables, and so on, shall not charge fees and materials fees any fees.
    Civil Aviation Administration shall allow the applicant to use the copy or from the organs of public information Web site conforms to the specifications of the administrative Licensing application form text, tables, and so on.
    22nd laws, regulations and decisions of the State Council of the administrative licensing items, without legal process to stop implementation of the applicants to the executive organ for administrative license, the administrative authorities shall accept.
    The second section reviews and decisions article 23rd Civil Aviation Administration shall review the application materials submitted by the applicant.
    Complete application materials submitted by the applicant, in compliance with the statutory form, the administration departments to be able to make decisions on the spot, shall make a written decision on the administrative license on the spot.
    In accordance with the statutory conditions and procedures, need to verify the substance of the application materials, the administration departments should assign more staff for verification. 24th according to law should be reviewed by the lower-level Civil Aviation Administration before they are submitted to the next higher civil aviation administrative license of executive decisions, lower-level civil aviation administration shall, within the statutory time limit set out its preliminary comments and submit all application materials directly to the superior administration departments.
    Superior administration authority shall not require an applicant to repeat offers application materials. 25th administration departments to review the administrative Licensing application and found that administrative licensing items directly related to the vital interests of others, it shall inform the interested party. Applicant or interested party has the right to make statements and to defend themselves.
    The administrative organ shall listen to the views of the applicant and interested party.
    26th of the applicant's application meets the legal conditions and standards, the Civil Aviation Administration shall make a written decision on approving an administrative license.
    Civil Aviation administrative organs in accordance with the written decision of no administrative license is made, shall be sealed by the exclusive use of administrative organs regarding administrative licensing and rationale, and inform the applicant enjoys the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    27th article civil aviation administrative organ made granted administrative license of decided, need issued administrative license documents of, should to applicants issued stamped this administrative organ seal of following administrative license documents: (a) license, and license or other license book; (ii) qualification card, and qualification card or other qualified certificate; (three) civil aviation administrative organ of approved file or proved file; (four) legal, and regulations provides of other administrative license documents.
    Administration departments to carry out the inspection, inspection, and quarantine, testing, inspection, and quarantine equipment, facilities, products, goods labelling or stamped with the seal of the testing, inspection, and quarantine.
    28th Civil Aviation Administration inspection, inspection and quarantine to licensing the results of, the administrative organ shall publish statutory inspection, inspection, and quarantine standards and comply with the statutory conditions for the implementation of the inspection, testing, Quarantine list professional and technical organizations and persons concerned.
    Conclusion of inspection, testing and quarantine error occurs, the executive authorities shall be public information published on the website of the error in this organ and the implementation of the inspection, testing and quarantine of professional and technical organizations and the names of the persons concerned.
    29th Civil Aviation Administration decision approving an administrative license is made to the information published on the website of the public, the public has the right to check out and download for free public download and check the result required signatures by the executive authorities, the Civil Aviation Administration shall be confirmed. Third period article 30th civil aviation administrative authority shall accept administrative licensing applications within 20th of administrative licensing decisions are made. Cannot be made in the 20th, and approved by the head of the administrative organ may be extended on 10th, and shall notify the applicant of the reasons for such further period.
    Otherwise provided by laws and regulations, in accordance with its provisions. 31st according to law should be reviewed by the civil aviation authority before they are reported to the Civil Aviation Administration of decisions of an administrative license, the civil aviation authority should be examined pursuant to rule 30th. Civil Aviation administrative licensing decisions are made in the civil aviation authority to review the comments received after the deadline in accordance with these rules article 30th.
    Otherwise provided by laws and regulations, in accordance with its provisions.
    Article 32nd Civil Aviation Administration written commitment term is shorter than the statutory period of administrative license, the administrative organ shall, within the time limit to make decision on the administrative license.
    Article 33rd Civil Aviation Administration decision approving an administrative license is made, shall take a decision within 10th of the applicants will be issued, service certificates for administrative license, or labelling, and stamped with the seal of the testing, inspection, and quarantine. 34th civil aviation executive administrative licensing decision, need hearing according to law, tenders, auctions, testing, inspection, and quarantine, evaluation and expert review, not counting the time required within the period specified in this section.
    Time required for civil aviation administrative organ shall inform the applicant in writing.
    The 35th served Civil Aviation Administration civil aviation licensing, permits, shall be delivered, directly served may be served by post or by other means. The administration departments directly, you must have the certificate of service, on the certificate of service by the applicant received written dates, signatures or seals. Civil Aviation Administration is served by post, must retain proof of mailing.
    Indicated on the certificate of mailing date of receipt as the date of service of the post office. Article 36th Civil Aviation Administration not directly service or administrative licensing decision by post, service by public announcement. Administration departments should adopt the civil aviation service of governmental public information website or newspaper notices.
    Spontaneous announcement date, after 60 days, the service shall be considered.
    The fourth section change and continuation of the 37th civil aviation administrative licensing items licensee changes, to make a decision on the administrative license apply to the Civil Aviation Administration, meet the legal conditions and standards, the Civil Aviation Administration shall go through the procedures. Article 38th needs continuity of the licensee shall obtain permission from the Civil Aviation Administration is valid, in the administrative license expires 30th to make a decision on the administrative license apply to the Civil Aviation Administration, civil aviation administrative organ shall, upon application of the licensee, in the Administration make a decision on whether to approve the extension before the expiry date of the permit; fails to make a decision, considered to approve the extension.
    Otherwise provided for by laws, rules and regulations, in accordance with its provisions.
    The fifth chapter 39th civil aviation civil aviation administrative permission hearing procedure of administrative organs in accordance with the implementation of administrative licensing of the following matters, shall organize the hearing: (a) laws, regulations, rules and regulations the implementation of administrative licensing matters should be hearing, (ii) the Civil Aviation Administration finds that require hearing of major administrative licensing matters concerning public interest. 40th administrative licensing directly related to the vital interests of relationship between the applicant and others, the Civil Aviation Administration shall inform the applicant and the interested parties have the right to request a hearing.
    The applicant, interested parties are informed of the right to a hearing date of hearing an application made in the 5th, the Civil Aviation Administration shall organize hearings in the 20th. 41st license matters lawfully implemented by the civil aviation authority, needs to hold a hearing, the hearing organized by the civil aviation authority to implement.
    Review by the civil aviation authority in accordance with law, administrative licensing items reported to the Civil Aviation Administration decisions, as well as involving two or more similar license respectively of the civil aviation authority, needs to hold a hearing, hearing by the Civil Aviation Organization.
    42nd administration departments held hearings, hosted by the civil aviation policy and regulation Department of the executive authorities, and chaired by the head of the policy and regulation Department hearing officer.
    Article 43rd policy departments shall, from the date of receiving the application for hearing in the 10th, hearing cases of audit requirements, approved by the supervisor, respectively, made the following decision and served on the party: (a) meet the conditions for a hearing, decided to hold a hearing, and receive notice of hearing, (ii) do not meet the hearing conditions, decide not to accept and make inadmissible the hearing notice.
    Decided to hold a hearing, the policy and regulation Department hearing shall be held in the 7th, send the notice of hearing to hearing the applicant or interested party, as well as time and place of the hearing will be held to inform all participants in the hearing. The hearing shall be held in public.
    When the hearing was held to review the administrative staff of the Civil Aviation Administration shall provide the review of the applications for leave to evidence and reason, the applicant, interested parties can present evidence and plead and cross-examination. Record the particulars of the hearing officer shall hold a hearing transcript.
    Hearing record should contains Ming following content: (a) application hearing causes; (ii) held hearing of time, and locations; (three) administrative organ hearing personnel of name, and positions; (four) hearing participate in people of name or name, and address; (five) administrative organ license review personnel proposed review views of evidence, and reason; (six) hearing applicants, and interest relationship people or its agent of statement; (seven) review personnel, and applicants, and interest relationship people or its agent quality card, and debate of content; (eight) other matters. 44th hearing transcripts should be participants in the hearing read or read to them. Participants in the hearing considered hearing record is incorrect, you can request additions or corrections. Correct applicant or interested party after an examination shall be signed or sealed. Refuses to sign or seal, the records recorded at the hearing.
    After hearing review, the hearing record, signed by the presider and recorders. Article 45th moderator shall write a report of the hearing at the end of the hearing, submit together with the hearing organ in charge, by the Bureau decision whether or not to grant an administrative license.
    The Bureau considers that no administrative licenses, and important, subject to the authority of collective leadership for discussion and decision.
    46th article hearing report book should including following content: (a) administrative license application hearing matters; (ii) hearing personnel and hearing participate in people of basic situation; (three) held hearing of time, and locations; (four) hearing of basic situation, including applicants and interest relationship people in hearing Shang described of main views and reason; (five) administrative license of about facts; (six) processing views and recommends.
    The sixth chapter administration departments should strengthen supervision and inspection of the 47th article of the departments and staff supervision of administrative licensing examination, establish and perfect the system of supervision and inspection departments and staff, and corrected the irregularities in the handling of administrative licensing violations.
    The Civil Aviation Administration shall supervise and inspect the implementation of administrative licensing of the civil aviation authority, timely correction of irregularities in the implementation of administrative licensing law. 48th civil aviation Administrative Department shall be permitted to engage in the activities of administrative licensing items carry out supervision and inspection, in the implementation of administrative licensing provisions of the regulations should be made clear in the supervision and inspection or supervision and inspection under separate regulations. Inspection and processing of the results shall be recorded, signed by a civil aviation Inspector filed after.
    The public's right to access to administration departments supervise and inspect the records. 49th civil aviation authorities to production and operation of the licensee product in accordance with the sampling inspection, examination, testing, and field checks to its place of business in accordance with law.
    Inspection, civil aviation administrative organ may inspect or require the licensee to submit relevant materials to licensee shall provide relevant information and materials. Civil Aviation Administration by law directly related to public safety, human health, life and property safety of equipment and facilities to carry out regular tests.
    Inspection, the Civil Aviation Administration shall issue the corresponding supporting documents.
    50th administration departments supervise and check, without prejudice to normal production and operation activities of the licensee shall not solicit or accept a licensee's property, shall not seek other interests.
    51st licensee in civil aviation civil aviation area outside the jurisdiction of the executive decision on the administrative license law of administrative licensing matters concerning activity, violations of civil aviation Administrative Department shall be the licensee's illegal facts, results a copy of the Civil Aviation Administration licensing decision of the Civil Aviation Administration.
    52nd individuals and organizations discover illegal activities engaged in civil aviation administrative licensing items, to report to the Civil Aviation Administration, the Civil Aviation Administration shall promptly verify, process.
    53rd on the direct relationship between the importance of aviation safety equipment and facilities, the Civil Aviation Administration shall supervise design, production, installation and use of units with a corresponding self test system.
    Civil aviation in monitoring and checking the executive authorities, found a direct relationship between the importance of aviation safety equipment, facilities are unsafe and should be ordered to stop production, installation and use, and ordered designing, producing, installing and using the unit immediately.
    54th article has following case one of of, made civil aviation administrative license decided of civil aviation administrative organ or its superior administrative organ, according to interest relationship people of requests or according to terms, can revoked administrative license: (a) civil aviation administrative organ staff abuse, and negligence made granted administrative license decided of; (ii) beyond statutory terms made granted administrative license decided of; (three) violation statutory program made granted administrative license decided of;
    (D) is not eligible or an applicant who does not meet the statutory requirements of administrative license; licensee by fraud, bribery or other improper means an administrative license shall be revoked.
    Laws and regulations should annul of an administrative license shall be revoked.
    In accordance with the provisions of the preceding three paragraphs annul of an administrative license may cause significant harm to the public interest, it shall not be annulled. In accordance with the provisions of the first paragraph of this article annul of an administrative license, damages the legitimate interests of the licensee, the Civil Aviation Administration shall give compensation.
    In accordance with the provisions of the second paragraph of this article of the annul of an administrative license, the licensee based on administrative permission make benefit from protection. 55th article has following case one of of, civil aviation administrative organ should law handle about administrative license of cancellation procedures: (a) civil aviation administrative license validity expires not continued of; (ii) gives citizens specific qualification of administrative license, the citizens death or lost capacity of; (three) corporate or other organization law terminated of; (four) civil aviation administrative license law was revoked, and withdrawn, or administrative license documents law was revoked of; (five) for force majeure led to administrative license matters cannot implementation of; (six) legal
    And regulations of administrative license shall be revoked in other circumstances. Seventh chapter legal responsibility 56th article civil aviation administrative organ the sector and staff violation administrative license method and the about civil aviation administrative license of regulations of provides, has following case one of of, civil aviation administrative organ or monitored organ ordered corrected; plot serious of, on directly is responsible for of competent personnel and hosted personnel law give administrative sanctions: (a) on meet statutory conditions of administrative license application not accepted of; (ii) is not Office places publicity law should publicity of material of; (three) in accepted, and review, and
    Decided administrative license process in the, not to applicants, and interest relationship people perform statutory told obligations of; (four) applicants submitted of application material not complete, and not meet statutory form, not once told applicants must correction of all content of; (five) not law description not accepted administrative license application or not administrative license of reason of; (six) law should held hearing and not held hearing of.
    57th aviation executive staff administrative licensing, supervision and inspection, demanding or accepting other people's property, or seeking other interests shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.
    58th aviation administrative departments and their staff in handling administrative licenses, any of the following circumstances, the Civil Aviation Administration or the supervisory organs shall be ordered to correct, on the direct responsible personnel and employees shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law: (a) an applicant who does not meet the statutory requirements to grant administrative licenses or beyond the statutory authority to make decision on approving an administrative license;
    (B) an applicant who meets the statutory requirements are not administrative approval or disapproval decision on approving an administrative license is made within the statutory time limit, (iii) that shall be according to the bidding, auction results or test scores merit decision approving an administrative license is made, without bidding, auction or exam, or according to the bidding, auction results or test scores merit decision on approving an administrative license is made.
    59th aviation administrative authorities for administrative license, unauthorized charges or not in accordance with the statutory projects and standards, the Civil Aviation Administration or the supervision organs should be ordered to return the illegal fees charged by; the direct responsible personnel and employees shall be given administrative sanctions.
    Are withheld, misappropriated, privately divide or disguised fees charged by dividing up the implementation of administrative licensing law, be recovered; the direct responsible personnel and employees shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    60th civil aviation administrative authority in contravention of the implementation of administrative licensing, and caused damage to the legitimate rights and interests of the parties, shall, in accordance with the State compensation law provides for compensation.  
    The 61st aviation administrative departments and the staff of the licensee does not perform its oversight duties or oversight, causing serious consequences, the Civil Aviation Administration or the supervisory organs shall be ordered to correct, on the direct responsible personnel and employees shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    62nd violations of administrative license law and these rules of the civil aviation authority, the Civil Aviation Administration shall be ordered to correct serious cases, the authority should be in charge of administrative sanction constitutes a crime, criminal responsibility shall be investigated according to law.
    63rd aviation administrative license applicants to conceal the situation or provide false information to apply for an administrative license, the administrative organs inadmissible or refusing permission and give warning applications for administrative license belongs to matters directly related to aviation safety, the applicant may not apply again for the administrative license within a year.
    64th licensee to deception, bribery or other improper means an administrative license, the Civil Aviation Administration shall be given administrative punishment access administrative license belongs to the matters directly related to aviation safety, the applicant may not apply again for the administrative license within three years constitutes a crime, criminal responsibility shall be investigated according to law. 65th article was license people has following behavior one of of, civil aviation administrative organ should law give administrative punishment; constitute crime of, law held criminal: (a) altered, and reselling, and rental, and lending administrative license documents, or to other form illegal transfer administrative license of; (ii) beyond administrative license range for activities of; (three) to is responsible for supervision check of administrative organ hide about situation, and provides false material or refused to provides reflect its activities situation of real material of; (four) legal, and regulations, and
    Other violations of the regulations.
    66th citizens, legal persons or other organizations without permission from the Civil Aviation Administration, without authorization, shall obtain the permission of the civil aviation administration activities according to law, the Civil Aviation Administration shall take measures within the law to stop, and shall be subject to administrative punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    Eighth chapter supplementary articles article 67th the rules the administration departments of the implementation of administrative licensing terms to working days, excluding holidays.
    68th of the rules come into force on March 20, 2006. The 69th before the implementation of the rules, provisions relating to administrative licensing civil aviation regulator, the civil aviation authority, should be cleaned in accordance with the administrative licensing law and the rules; not in conformity with the administrative licensing law and the rules, from the date of implementation of this rule stops execution.

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