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Domestic Investment In The Civil Aviation Industry (For Trial Implementation)

Original Language Title: 国内投资民用航空业规定(试行)

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(July 15, 2005 the Civil Aviation Administration of China to 148th, published since August 15, 2005) Chapter I General provisions article in order to regulate domestic investment investment in the civil aviation industry, according to company law, civil law and other State laws, these provisions are formulated.
    Second, the investment in the civil aviation industry to support domestic investment shall be encouraged to promote rapid and healthy development of the civil aviation industry.
    Investment investment in the civil aviation industry in China, should help consolidate and develop the public sector of the economy, to encourage, support and guide the non-public ownership economy development, to adhere to and improve the public sector of the economy as the main body, and diverse forms of ownership develop basic economic system.
    Investment investment in the civil aviation industry in China, should help to promote fair and orderly competition and prevent monopoly and unfair competition.
    Article domestic subject these provisions shall apply to the civil aviation industry.
    Domestic investors in these rules includes the subject of State investment and the non-State-owned investment bodies.
    Subject of State investment refers to all levels of Government and the authorized State-owned assets investment institutions, State-owned or State-holding enterprises, other economic organizations.
    Non-State-owned investment refers to the collective enterprises, private enterprises and other non-State-owned economic organizations and individuals.
    This provides by said civil aviation industry including following field: (a) public air transport; (ii) General Aviation; (three) civilian airport, including civilian transport airport and general aviation airport; (four) air traffic management system; (five) civil aviation activities related project, including aviation fuel sales transportation raises, and aircraft maintenance, and freight warehouse, and ground service, and aviation food production sales, and parking, and van sales agent, and computer set seat system service, and aviation settlement and the other related project.
    Fourth Civil Aviation Administration of China (hereinafter referred to as the Civil Aviation Administration) and the authority in accordance with the civil aviation law, administrative rules and regulations and the requirements of domestic investment investment in the civil aviation industry licensing and regulatory matters.
    Civil aviation industry at the same time relaxing the investment access, equal treatment for various kinds of civil aviation management policies. Chapter II investment access fifth State-owned investors and the non-State-owned investment bodies can separate or joint investment in the civil aviation industry.
    But these provisions have a clear limit, shall comply with its requirements.
    Sixth article of the provisions listed in Annex I a public air transport enterprise shall remain state-owned or State-controlled. Article seventh civilian airport is the natural monopoly of transport sector, encouraging domestic investors diverse investment, non-investment subject of State-owned shares.
    But civilian airports in the provisions set out in annex II should remain state-owned or State-controlled. Add the eighth civil airport, jet fuel sales and storage businesses, computer reservation system services company, and its affiliates, shall not invest in a public air transport enterprise.
    But except for all-cargo airline.
    Enterprises and associated enterprises investment referred to in the preceding paragraph all-cargo airline, investment ratio should not exceed 25%, and not the relative majority.
    Affiliates are not referred to in the preceding two paragraphs, including a public air transport enterprise.
    The Nineth of a public air transport enterprise and its affiliates of the investment of the provisions listed in annex III civil transport airports or the common Terminal, investment ratio should not exceed 25%, and not the relative majority.
    Public air transport enterprise in a shared Terminal and apron of the airport in the airport master plan under the premise of invest in or rent a dedicated Terminal and apron.
    Tenth article of the provisions listed in annex III of the civil transport airports investments within the airport's aviation fuel sales, storage and transportation, and raise enterprise facilities, investment ratio should not exceed 25%, and not the relative majority. These provisions are listed in annex III in the airport, an airport only a aviation fuel sales, storage and transportation, raise business, a public air transport enterprise and its associated companies to invest in the aviation fuel sales, storage and transportation, and raise enterprise facilities, investment ratio should not exceed 25%, and not the relative majority.
    An airport on a jet fuel sales, storage and transportation, raise business, public air transport enterprise and its affiliates invested or shares of China Aviation oil companies are not subject to the investment restrictions.
    Airport oil storage and transportation referred to in the preceding two paragraphs, filling facilities refers to China Aviation oil special unloading station, field field in the air special oil storage tanks, OTC fuel-specific pipelines, ramp aviation fuel pipelines, fuel transport, dispenser, ramp refueling systems and aviation gas stations and so on. 11th air traffic management system consists of the Central Government investment.
    Air traffic management departments have no investments in other areas outside of the air traffic management system. Third chapter management personnel 12th article has following case one of of, shall not served as civil aviation enterprise and civilian airport of Director, and prison thing, and senior business management personnel: (a) for made has corruption, and bribery, and occupation property, and misappropriated property crime or damage social economic order crime, was sentenced to penalty, implementation expires not over five years, or for crime was deprived civil, implementation expires not over five years; (ii) served as for mismanagement and bankruptcy liquidation of enterprise of Director, and prison thing or Manager, and on enterprise of bankruptcy has personal responsibility of,
    Since the bankruptcy less than three years from the date of completion of liquidation, and (iii) as law revoked the business license of the legal representative of the enterprise, individual responsibility and, from the date of the enterprise business license has been revoked less than three years; (d) a large amount of the debt is overdue.
    Election violation of the provisions of the preceding paragraph, appoint directors, supervisors or the appointment of senior management personnel, the election, appointment and appointment is not valid.
    The 13th of a public air transport enterprise directors and senior management personnel shall, in civil transport airports serves as senior business managers, civil transport airports directors and senior management in public air transport enterprise shall not concurrently serve as senior managers.
    Violation of the provisions of the preceding paragraph appointment of senior management personnel, the appointment is not valid.
    Fourth chapter licensing and supervision article 14th domestic investors invest in a public air transport enterprise, civilian airports and other licensed civil aviation enterprises shall, in accordance with relevant laws, administrative regulations and civil aviation rules, applied to the Civil Aviation Administration or authority to license accordingly.
    15th a public air transport enterprise, civilian airports and other joint civil aviation enterprises that require licensing, mergers, restructuring, capital increase and share, change of ownership matters shall, in accordance with relevant laws, administrative regulations and civil aviation rules, applied to the Civil Aviation Administration or authority to license the appropriate, and go through the relevant procedures.
    16th article domestic investment subject application investment public air transport enterprise, and civilian transport airport and other need license of Civil Aviation Enterprise, public air transport enterprise, and civilian airport and civil aviation other enterprise application joint, and merger, and restructuring, and increased funding spread unit, and change equity, except to CAAC or area Authority submitted national legal, and administrative regulations, and civil aviation regulations provides of the file outside, should to CAAC or area Authority submitted following file: (a) investment subject of ownership nature and investment proportion of proved file;
    (B) meets the requirements of the article 12th and 13th personnel documents. Non-State-owned investment bodies as major investors apply for civil transport airports, airport where the local people's Governments shall be submitted with the signing of the contract.
    Unless otherwise provided by laws and regulations, the contract shall include the following: (a) the term of operation, (ii) the term of operation, the investor renovation of sustained investment in facilities and equipment obligations, (iii) after the expiration, termination or extension of relevant conditions and requirements.
    Documents submitted by the applicant should be a real and effective.
    17th article public air transport enterprise, and civilian transport airport and other need license of civil aviation enterprise should in annual January to CAAC or area Authority submitted records following content of file: (a) equity listing; (ii) holds equity not less than 5% of shareholders of list and holding proportion; (three) Director, and prison thing, and senior business management personnel changes situation, new Director, and prison thing, and senior business management personnel of name and resume.
    In civil aviation, or at other times as the Board considers necessary, public air transport enterprise, civilian airports and other needed permission from civil aviation Enterprise shall submit the documents mentioned in the preceding paragraph.
    18th a public air transport enterprise, civilian airports and others in need of licensed civil aviation enterprises take the following decisions shall, in accordance with the administrative licensing law article 67th and submitted to the approval of the Civil Aviation Administration or authority: (a) the suspension of operation or closure, (ii) is dissolved or closed; (iii) other matters concerning national security and vital public interests.
    Civil transport airports reported to the approval shall also submit the written views of the local people's Governments. Construction of air traffic control facilities must comply with the State's unified planning and standards.
    Put into use, transfer, mortgage, removal, diversion and other stops before the use case, shall be submitted to the approval of the Civil Aviation Administration or authority in accordance with the relevant provisions.
    Foregoing three cases on national security and adversely affect the public interest, civil aviation authority or region shall not be approved.
    19th civil transport airports should be provided to public air transport enterprise using the airport fair and impartial service.
    Investment of civil transport airports public air transport enterprise shall make use of the other investor rights control the airport using the airport's right to public air transport enterprise.
    Public air transport enterprise in equal rights of civil transport airports is damaged, you can complain to the Civil Aviation Administration or authority.
    20th civil aircraft should be available to all units with oil fuel enterprises fair and impartial service.
    Investment in jet fuel sales, storage and transportation, raise business airport should not be used to control their investor status of aviation fuel sales, storage and transportation, filling the businesses undermine the rights of a public air transport enterprise.
    Investment in jet fuel sales, storage and transportation, raise the public air transport enterprise shall not use their investor status control of aviation fuel sales, storage and transportation, filling corporate prejudice the rights of a public air transport enterprise.
    The 21st article of civil aviation, the civil aviation authority and its agencies for possible violations of the Act under investigation, the person under investigation, interested parties and witnesses shall be surveyed and provide truthful evidence, to explain the situation. Fifth chapter legal responsibility 22nd article civilian airport, and aviation fuel enterprise, and computer set seat system service enterprise violation this provides eighth article, illegal investment public air transport enterprise, public air transport enterprise violation this provides Nineth article, illegal investment civilian transport airport, civilian transport airport, and public air transport enterprise violation this provides tenth article, illegal investment civil aviation fuel enterprise, CAAC or area authority ordered its deadline corrected, late not corrected of, confiscated its illegal proceeds,
    And its illegal income 1 time to three times times are fine.
    Air traffic management sector in violation of the provisions of article 23rd 11th, illegal investment in other fields of civil aviation air traffic management systems, by the Civil Aviation Administration or regional authority ordered to rectify; if not corrected, the responsibility for administrative sanctions.
    Domestic investors in violation of the provisions of article 24th article 14th, the unauthorized establishment of a public air transport enterprise, civilian airports or other licensed civil aviation enterprises, civil aviation authority ordered to stop business activities or areas, gravity, confiscate the illegal income, and illicitly acquired more than 1 time fined not more than three times.
    A public air transport enterprise, civilian airports and others in need of licensed civil aviation enterprise in violation of the provisions of the 15th, unauthorized association, merger, restructuring, capital increase and share expansion, change of ownership, the Civil Aviation Administration or regional authority ordered to rectify; no correction for late, suspend the license of the project until the revocation of the license.
    16th 25th applicant in violation of the provisions of article paragraph to hide relevant information or provides false information to apply for authorization, the Civil Aviation Administration or authority not to accept and give a warning, the applicant may not apply again for licenses within a year.
    Applicant fraud, bribery or other improper means to obtain approval or license, approved by the Civil Aviation Administration or revokes or license, the applicant may not apply again for license within three years.
    26th a public air transport enterprise, civil transport airports or other licensed civil aviation enterprise in violation of the provisions of article 17th, fails to submit the documents or providing false documents, the Civil Aviation Administration or authority shall order rectification, given a warning and it fails, fined 10,000 yuan and 30,000 yuan fine.
    27th public air transport enterprise, civil transport airports or other licensed civil aviation enterprise in violation of the provisions of article 18th, ceased operations and services without authorization, the Civil Aviation Administration or regional authority to order immediate rectification.
    Air traffic control facility put into use, in violation of the provisions of article 18th, unauthorized transfer, mortgage, removal, diversion and other cessation of use cases, the Civil Aviation Administration or authority shall order the relevant units immediately corrected. 28th civil airports in violation of the provisions of article 19th article, public air transport enterprise fails to use the airport to provide a fair and impartial service, the Civil Aviation Administration or regional authority ordered to rectify, and given a warning or fined a maximum of 30,000 yuan for punishment.
    Plot heavy, or if not corrected and suspend their business operations. Investment in civil public transportation airport 19th air transport enterprises in violation of the provisions of article to the detriment of other rights of a public air transport enterprise, the Civil Aviation Administration or regional authority ordered to rectify, and given a warning or fined a maximum of 30,000 yuan for punishment.
    Circumstances are relatively heavy and if not corrected, the Civil Aviation Administration or authority not to proceed with it from the airport's routes, flights apply.
    Investment in jet fuel sales, storage and transportation, filling the enterprise of civil transport airports and public air transport enterprise in violation of the provisions of the 20th article, third paragraph, undermine the rights of a public air transport enterprise, the Civil Aviation Administration or regional authority ordered to rectify, and given a warning or fined a maximum of 30,000 yuan for punishment.
    Respondents violated article 21st 29th article, refused to accept the investigation or providing false information, by the Civil Aviation Administration or authority in a warning or a fine of up to 10,000 yuan fine. 30th civil aviation authority staff and in violation of the provisions of article permission and abuse their powers, neglect their duties, by their respective authorities, impose administrative sanctions.
    Serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    The sixth chapter supplementary articles article 31st domestic investment investment in the civil aviation industry, while obtaining other permits required by laws, administrative rules and regulations, shall, in accordance with the provisions applying to the relevant authorities obtain the appropriate license.
    Article 32nd holdings in these rules refers to the share of total capital in the enterprise is greater than 50%.
    Relative majority in these rules refers to the enterprises as a proportion of total capital is less than 50%, but relatively more than other investors share of total capital in the enterprise.
    33rd article this provides by said associated enterprise is refers to enterprise and another a company, and enterprise and other economic organization (following referred to another a enterprise) has following one of of relationship: (a) mutual between directly and the indirect relative holding, or holds which party of shares sum reached 25% above (containing 25%) of; (ii) directly or indirect with for third party relative holding, or holds shares reached 25% above (containing 25%) of; (three) enterprise and another a Enterprise Zhijian borrowing funds accounted for enterprise owned funds 50% or above;
    (Four) enterprise of Director or senior management personnel half above or has one Executive Director is by another a enterprise by delegate of; (five) enterprise of production business activities must by another a Enterprise provides chartered right, including industrial property, and proprietary technology, to normal for of; (six) enterprise production business purchased into production, including price and the trading conditions, is by another a enterprise by control of; (seven) enterprise production of products or provides of service of sales, including price and the trading conditions, is by another a enterprise by control of;
    (VIII) for enterprise production and management, transactions other interests associated with the actual control of the relationship, including family, kinship, etc.
    Article 34th investment combined civil-military civilian parts of the airport, these provisions shall apply mutatis mutandis.
    35th article of the provisions amended by the Civil Aviation Administration according to the actual situation and published in the annex. 36th before the implementation of the provisions of domestic investment investment in the civil aviation industry, does not meet the requirements of this provision, shall meet the requirements of these provisions are implemented a year.
    If does not meet this requirement, fifth chapter in accordance with the relevant provisions. The 37th of these provisions come into force on August 15, 2005.

    Civil Aviation Administration on forward, released on June 24, 1993 in domestic investment and management of civil aviation enterprises or the letter of the policy (letter of the civil aviation authority [1993]1023 number), the Civil Aviation Administration, released on May 22, 1998 the interim measures for the administration of civil airport for domestic air transport enterprise investment (civil aviation [1998]101) repealed simultaneously.

    Annex: public air transport enterprise shall remain state-owned or State-controlled China International Airlines China Eastern Airlines Corporation Limited of China Southern Airlines.

    Annex II: should remain state-owned or State-holding civil transport airports provinces, autonomous regions and municipalities directly under the seat of Government to the airport; Shenzhen, Dalian, Guilin, Shantou, Xiamen, Qingdao, Zhuhai and nine cities such as Wenzhou, Ningbo airport. Annex three: limit public air transport enterprise and associated enterprise investment of civilian transport airport and limit civilian transport airport, and public air transport enterprise investment civil aviation fuel enterprise of civilian transport airport the province, and autonomous regions, and municipalities Government location airport; Shenzhen, and Xiamen, and Dalian, and Guilin, and Shantou, and Qingdao, and Zhuhai, and Wenzhou, and Ningbo, and Sanya, and Zhangjiajie, and West double Banna, and Jinjiang, and Yantai, and Jiuzhaigou, and Lijiang, 16 a city of airport.