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Government Documents
Government Documents
UPDATED: August 20, 2008 NO. 34 AUG. 21, 2008)
Regulations of Business Licensing for Route of Foreign Air Transport Enterprises
Promulgated by the Civil Aviation Administration of China on June 11, 2008 and effective as of July 11, 2008
 
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and content. The Civil Aviation Administration shall make the decision for approval or not after examining flight schedule according to these Regulations. If the foreign airlines fail to submit application for flight schedule within prescribed time limit, it will be required to cease flight.

Article 23 Flight schedule shall include route, number of flights, flight time, flight number, aircraft type, whether the aircraft is acquired through wet lease, whether flights are run by sharing codes and so on.

Article 24 Foreign airlines shall not change the flight schedule without permission during business operation in each season. If foreign airlines need to alter flight schedule due to commercial reasons, it shall submit an application to the Civil Aviation Administration 30 days ahead of the planned alteration date and only implement it after being approved.

Article 25 If foreign airlines need to alter flight schedule temporarily due to weather and airplane malfunction, it shall submit an application to the Civil Aviation Administration in a timely manner and only implement it after being approved.

Article 26 Foreign airlines shall operate routes between locations in China and foreign countries according to the flight schedule approved by the Civil Aviation Administration. If foreign airlines plan to stop all or part of the routes due to commercial reasons, they shall notify the Civil Aviation Administration with written explanation. If the foreign airlines stop flight without permission, the Civil Aviation Administration shall not approve the flight schedule of new flight season they submitted.

Article 27 If foreign airlines need to arrange temporary extra flight upon market demand, they shall submit an application to the Civil Aviation Administration five working days ahead of the date of the planned extra flight and only can implement it after being approved except for otherwise prescriptions in air transport agreement between both parties or related agreement.

Except for special occasions, the weekly extra flights applied by foreign airlines should not exceed the number of regular flights. The Civil Aviation Administration shall not approve any application for fixed extra flights.

Chapter VII Transport Business Statistics

Article 28 After foreign airlines start to operate the prescribed route according to business license, they shall submit route transport business statistics of the previous month to the Civil Aviation Administration before the 15th day of each month according to requirement of the attached Statistical Reporting Form for Business Volume of Foreign Air Carriers, and hold responsible for accuracy, validity and completeness of the materials.

Chapter VIII Legal Responsibilities

Article 29 If foreign airlines acquire business license by illegal means of fraud, bribe and so on, the Civil Aviation Administration shall revoke such business license and give a warning along with a fine below 30,000 yuan. Such applicant should not reapply three years after the license is revoked. If a crime is constituted, the foreign airlines shall bear criminal responsibilities.

Article 30 If foreign airlines violate provisions of Article 8 of these Regulations for not notifying alteration information on time in written, they will be warned by the Civil Aviation Administration or fined below 30,000 yuan.

Article 31 If foreign airlines violate provisions of Article 21 of these Regulations for modifying, transferring, leasing, buying or selling business license without permission, it will be warned by the Civil Aviation Administration and fined below 30,000 yuan. In serious circumstances, the business license will be suspended or revoked. If a crime is constituted, the foreign airlines will bear criminal responsibilities.

Article 32 If foreign airline violate provisions of Article 24 of these Regulations for altering flight schedule without permission, it will be warned by the Civil Aviation Administration and fined below 30,000 yuan. In serious circumstances, the business license will be suspended or revoked.

Article 33 If foreign airlines violate provisions of Article 28 of these Regulations for delaying report or concealing related issue to the Civil Aviation Administration and providing false materials or refusing to provide status or materials that reflect its business activities, it will be warned by the Civil Aviation Administration and fined below 30,000 yuan. In serious circumstances, the business license will be suspended or revoked. If a crime is constituted, the foreign airlines will bear criminal responsibilites.

Article 34 If foreign airlines violate other provisions of laws, regulations and rules, they will be subject to penalty according to related provisions.

Chapter IX Supplementary Provisions

Article 35 Air transport enterprises in Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan shall refer to these Regulations for application of business license.

Article 36 Regular flights between Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan and foreign countries shall be handled according to related laws and procedures.

Article 37 The Regulations will be executed 30 days after issuance. The Application Procedure for Business License of Foreign Airline Enterprise (Interim) (Min Hang Yun Han [1996] No. 243), which was promulgated on March 2, 1996, is therefore repealed.

Attachment:

Statistical Reporting Form for Business Volume of Foreign Air Carriers (omitted)

(Source: www.fdi.gov.cn)

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