Working Rules For Civil Aviation Administrative Inspection

Original Language Title: 民用航空行政检查工作规则

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(February 20, 2006, China's general administration of civil aviation the 163th announced since March 20, 2006) Chapter I General provisions article to regulate civil aviation administrative inspection acts of the executive authorities, guarantee civil aviation administration administration according to law, maintain the legal rights and interests of citizens, legal persons or other organizations, in accordance with the People's Republic of China Civil Aviation Act, the People's Republic of China production safety law and the provisions of relevant State laws and regulations, these rules are formulated.
    Administrative inspection of the article referred to in these rules refers to the Civil Aviation Administration and commissioned by organizations, individuals and organizations authorized by the laws and regulations according to the national laws and regulations and the provisions of the civil aviation regulations, engaged in civil aviation activities of the citizens, legal person or other organization to see, understand and grasp of its compliance with the relevant laws and regulations, and urge them to fulfil their obligations. For civil aviation activities of citizens, legal persons or other organizations carrying out various administrative checks, these rules shall apply.
    However, except otherwise stipulated by laws and regulations.
    Article III administrative inspections should follow the law, the principle of open, accessible and reasonable.
    Fourth article of the rules stated in the administrative law enforcement manual refers to the Civil Aviation Administration of China to meet civil aviation Inspector (hereinafter Inspector) for administrative license, the administrative review, administrative punishments and implement business management needs, the preparation of guidance documents.
    Second chapter administrative check of implementation organ, and personnel and the duties fifth article civil aviation administrative organ should on following activities for check: (a) law should by civil aviation administrative organ granted administrative license of civil aviation activities; (ii) not needed civil aviation administrative organ license, but should by civil aviation administrative organ law regulatory of civil aviation activities; (three) law should by civil aviation administrative organ for industry management of other civil aviation activities.
    Sixth following administration of civil aviation in accordance with national laws, regulations and rules of the, in the name of their independent rights to perform administrative checks.
    (A) the Civil Aviation Administration, (ii) the civil aviation authority.
    The seventh civil aviation administrative inspection rules and regulations, and supervise the regional authority, the civil aviation safety oversight management office (hereinafter referred to as Regulation) administrative checks.
    CAAC on specialized matters in the country, organizing the implementation of special administrative and inspection.
    Eighth Regional Civil Aviation Administration develop implement civil aviation administrative inspection regulations and the measures for the implementation of the system, organizations in this area, direct supervision to carry out administrative checks.
    Civil Aviation Authority for matters exclusively within their respective jurisdictions implement special administrative and inspection.
    Nineth of regulation should be based on the respective civil aviation authority Division and authorizes the imposition of administrative checks.
    Tenth between the civil aviation authority for administrative check or inspection matters controversial, determined by the Civil Aviation Administration.
    Civil Aviation Authority, regulator and Ombudsman in the case of higher authorities have expressly authorized, you can perform across jurisdictions administrative inspection tasks.
    11th except as explicitly authorized by laws and regulations, CAAC air traffic management Bureau shall, in accordance with the Civil Aviation Administration and the Division of delegates, on behalf of the Civil Aviation Organization, the implementation of administrative checks, regional civil aviation authority of which authority should be based on Division of labor and delegates as well as arrangements of CAAC air traffic management Bureau, civil aviation authority, on behalf of the administrative checks.
    These rules on Civil Aviation administrative bodies and the related provisions shall apply to the Ombudsman of CAAC air traffic management Bureau, the regional air traffic management Bureau and the Ombudsman.
    12th aviation the functions of the executive authorities should be based on the name of undertaking specific administrative inspection matters shall be subject to the Department name of the administrative checks.
    13th shall be subject to the Civil Aviation Administration entrusted the implementation of administrative penalties and other administrative matters to other organizations, shall, in accordance with the rules in order to delegate authority on behalf of the administrative checks.  
    14th in addition to this, Nineth rule sixth, 11th and 13th under the Civil Aviation Administration and organization, any other organization or individual is allowed to implement industry management of civil aviation administrative inspection of the contents.
    15th administrative checks shall meet the qualifications of the Ombudsman's staff.
    Does not have the qualified staff of the Ombudsman, or professionals, under the guidance of the Ombudsman can, assist in the implementation of the inspection.
    16th article monitored Member law on engaged in civil aviation activities of citizens, and corporate or other organization implementation administrative check, exercise following terms: (a) stop violations; (ii) visits, and check civil aviation activities site (including documents, and information, and facilities, and equipment, and aircraft,) and civil aviation practitioners of work process; (three) appointment or asked by check units head and other about personnel; (four) access, and excerpt, and copy, and sealed, and seized about information, and items; (five) sampling forensics;
    (F) to the Department or organization for administrative punishment recommendations or make a decision on the spot according to law; (VII) laws, regulations, rules and regulations of the other permissions.
    17th in the administrative procedure of the Ombudsman found in existing laws, regulations and rules was flawed, should be to the level of civil aviation policy and regulation Department of the Executive in writing laws, rules and regulations of the State, change, waste proposal.
    18th administrative check in staff the administrative inspection should be aware of the party's trade secrets or personal confidential shall not be disclosed to others without permission.
    Chapter III administrative inspections of the implementation of article 19th civil aviation administrative bodies to organize the implementation of administrative inspection, shall prepare administrative enforcement manual, which should include a legal basis, check, Checker, check, related technical specifications, work forms and other content deemed necessary by the Civil Aviation Administration.
    Administrative law enforcement handbook and check the contents, procedures and methods and technical standards shall not violate the provisions of national laws, rules and regulations.
    The 20th civil aviation departments, administration of air traffic management Bureau administrative inspections should be the preparation issued annual administrative inspections outline and other types of guidance documents, guidance to civil aviation authority annual inspection programmes.
    Civil aviation departments, administration of air traffic management Bureau at the administrative checking outline annual administrative inspection frequency can be determined in the administrative checks shall be for administrative inspection frequency requirements, as a regional authority, the regulatory basis for designing administrative inspection schemes.
    Article 21st civil aviation authority, the supervising office shall prepare an annual administrative review scheme, the District Administration Chief supervising the implementation and the policy and regulation Department.
    Inspection plan should include administrative checks the contents of the mandate, objectives, scope, approach, timing, responsibilities, as well as the civil aviation authority, supervising other content it deems it necessary.
    22nd regional civil aviation administration departments, regional air traffic management Bureau, the regulatory office deems necessary, Executive screening programme or range of frequencies, administrative checks shall be reported to the approval of the head of the Administrative Department, and send policy and regulation Department.
    23rd regulatory office and the Ombudsman shall, in accordance with administrative inspection plan or approved by the head of the Administrative Department, carrying out day-to-day administrative checks or special administrative checks.
    The Ombudsman considered the urgency of the situation, requiring immediate administrative inspection activities carried out to enforce administrative inspections and timely report to the head of this inspection.
    24th administrative checks of the Ombudsman should present a China Civil Aviation Inspector document, and informed the administrative inspection matters to be examined.
    25th engaged in civil aviation activities of citizens, legal persons or other organizations against the Ombudsman shall perform the duties of administrative and inspection, shall cooperate and shall not refuse or obstruct. 26th the Ombudsman's administration should be checking the time, place, content, identify the problems and their treatment in accordance with the requirements of administrative law enforcement manual fill out checklists and examined by the Ombudsman and the person or his signature.
    Person being checked or its owner refuses to sign, the Ombudsman should be recorded.
    27th the Ombudsman in the course of administrative checks, discover or suspect that the person being checked there were violations, can be provided for may be destroyed or lost or difficult to obtain relevant documentation or articles after first registration and preservation, and make a decision in the 7th.
    28th article civil aviation administrative organ on administrative check in the found of problem, should do following processing: (a) not constitute illegal, but exists security hidden or will against others interests of, should issued rectification proposal, recommends party note or corrected; (ii) has constitute illegal, but plot minor of, should issued rectification notice, requirements party deadline corrected; (three) has constitute illegal, by legal, and regulations, and regulations provides should be administrative punishment of, according to administrative punishment program, implementation administrative punishment.
    Civil Aviation Administration inspection found problems should be tracked, urge the person being checked regularly to correct it. Fourth chapter administrative check in the of forced measures 29th article civil aviation administrative organ law implementation administrative check Shi, found major security hidden of, should immediately take following measures: (a) on administrative check in the found of accident hidden, should ordered immediately excluded, major accident hidden excluded Qian or excluded process in the cannot guarantee security of, should ordered temporarily stop related facilities equipment of using, and seized related personnel of card as, necessary Shi should ordered temporarily discontinued closed; major accident hidden excluded Hou, by review agreed,
    Party can recovery related facilities equipment of using and production business; (ii) on not meet legal, and regulations, and regulations, and national or industry safety standard of facilities, and equipment, and equipment be seized or seized, and in 15th within law made processing decided; (three) on violation legal, and regulations, and regulations, and national or industry safety standard of related personnel of card as be seized, and in 15th within law made processing decided. 30th article administrative forced measures should according to following provides implementation: (a) except emergency situation outside, should reported to the this level administrative organ head approved; (ii) issued administrative forced measures decided book, and by party sign; (three) by two name above of monitored member implementation; (four) spot told party facts, and reason, and legal according to and the party right, and in site record in the records; (five) collection related evidence, making site record; implementation seized, and seized of, making seized, and seized listing,
    And signed by the Inspector and the parties.
    31st civil aviation administrative organs to take compulsory administrative measures, in accordance with laws, regulations, rules and regulations shall make administrative punishment should be in accordance with the procedure of administrative punishment, imposition of administrative penalty and urge the parties to correct violations.
    Right his illegal acts or excluded by the parties after the accident, the Civil Aviation Administration according to the party's application for review confirmed it has according to the relevant laws, regulations and rules right his illegal acts or exclude accident may terminate a compulsory administrative measures.
    Article 32nd Civil Aviation Administration lifting of compulsory administrative measures, should issue a written decision on the lifting of administrative coercive measures, and signed by the parties.
    Fifth administrative inspection of supervision and legal liability article 33rd citizens, legal persons or other organizations that the administration departments or supervisors in the examination of the administrative violations of their legitimate rights and interests, Executive authority or its parent has the right to Executive complaints, the Administrative Department or its higher administrative authorities should seriously investigate and deal with the relevant provisions.
    34th article implementation administrative check of staff in check work in the, has following behavior one of, caused serious consequences of, by sibling administrative monitored sector law processing, according to related provides give corresponding of administrative sanctions, or law held legal responsibility: (a) not by provides timely reported or hide was check people illegal situation of; (ii) violation related provides, not perform statutory check duties or beyond permission implementation check behavior of; (three) violation this rules provides of administrative check program implementation check behavior of;
    (D) violation of legal procedures, the implementation of compulsory administrative measures.
    35th staff in violation of the provisions of the administrative checks, unauthorized administrative inspection work, to understand the examiner's trade secret or privacy disclosure to others, by administrative supervision departments at according to the relevant provisions of the administrative liability of those, resulting in serious consequences, shall be investigated for legal responsibility.
    36th engaged in civil aviation activities of citizens, legal person or other organization refused the administration departments implementing administrative checks or obstruct the Ombudsman shall perform the duties of administrative and inspection, according to circumstances, and consequences, warned by the Civil Aviation Administration or a fine of up to 30,000 yuan.
    Sixth chapter supplementary articles article 37th civil aviation administrative organs shall, in accordance with the Civil Aviation Administration law enforcement files for case management provides for the establishment of administrative inspection, administrative inspection process or collect documents filing. 38th article of the rules come into force on March 20, 2006.

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