Civil Aviation Law of the People's Republic of China (Amended in 2017)

Civil Aviation Law of the People's Republic of China (Amended in 2017)
Civil Aviation Law of the People's Republic of China (Amended in 2017)

Order of the President of the People's Republic of China No.81

November 4, 2017

(Adopted at the 16th Session of the Eighth Standing Committee of the National People's Congress on October 30, 1995; amended for the first time according to the Decision on Amending Certain Laws passed at the 10th Session of the 11th Standing Committee of the National People's Congress on August 27, 2009; amended for the second time according to the Decision on Revising Five Laws Including the Metrology Law of the People's Republic of China passed at the 14th Session of the 12th Standing Committee of the National People's Congress on April 24, 2015; amended for the third time according to the Decision on Revising Twelve Laws including the Foreign Trade Law of the People's Republic of China passed at the 24th Session of the 12th Standing Committee of the National People's Congress on November 7, 2016; and amended for the fourth time according to the Decision of the Standing Committee of the National People's Congress on Amending Eleven Laws Including the Accounting Law of the People's Republic of China at the 30th Session of the Standing Committee of the 12th National People's Congress on November 4, 2017)

Contents
Chapter I General Provisions
Chapter II Nationality of Civil Aircraft
Chapter III Rights of Civil Aircraft
Section 1 Basic Principles
Section 2 Ownership and Mortgage of Civil Aircraft
Section 3 Civil Aircraft Liens
Section 4 Lease of Civil Aircraft
Chapter IV Airworthiness Management of Civil Aircraft
Chapter V Airmen
Section 1 Basic Principles
Section 2 Crew
Chapter VI Civil Airport
Chapter VII Air Navigation
Section 1 Airspace Management
Section 2 Flight Management
Section 3 Flight Support
Section 4 Essential Documents for Flight
Chapter VIII Public Air Transport Enterprise
Chapter IX Public Air Transport
Section 1 Basic Principles
Section 2 Transport Documents
Section 3 Liability of the Carrier
Section 4 Special Provisions Governing Air Transport Performed by Air Carrier
Chapter X General Aviation
Chapter XI Search and Rescue and Accident Investigation
Chapter XII Liability for Damage to Third Parties on the Ground
Chapter XIII Special Provisions Governing Foreign Civil Aircraft
Chapter XIV Application of Law to Foreign-related Matters
Chapter XV Legal Liability
Chapter XVI Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted with a view to safeguarding the national sovereignty of territorial airspace and the rights of civil aviation, to ensuring the conduct of civil aviation activities in a safe and orderly manner, to protecting the lawful rights and interests of the parties concerned in civil aviation activities, and to promoting the development of civil aviation industry.

Article 2 The airspace above the land territory and territorial waters of the People's Republic of China is the territorial airspace of the People's Republic of China. The People's Republic of China has complete and exclusive sovereignty over its territorial airspace.

Article 3 The competent civil aviation authority under the State Council exercises unified supervision and administration over civil aviation activities in the whole country; issues regulations and decisions concerning civil aviation activities within the scope of its authority in accordance with laws and the decisions of the State Council. The regional civil aviation administrative organs set up by the competent civil aviation authority under the State Council supervise and administer the civil aviation activities in their respective regions in accordance with the authorizations of the competent civil aviation authority under the State Council.

Article 4 The State supports the development of civil aviation industry, and encourages and supports the progress of scientific research and education in the field of civil aviation and the improvement of civil aviation science and technology. The State supports the development of civil aircraft manufacturing industry so as to provide safe, advanced, economical and suitable civil aircraft for civil aviation activities.

Chapter II Nationality of Civil Aircraft

Article 5 "Civil aircraft" as referred to in this Law means aircraft other than those used in flight missions of military, customs and police services.

Article 6 A civil aircraft that has performed its nationality registration with the competent civil aviation authority under the State Council of the People's Republic of China according to law has the nationality of the People's Republic of China, and shall be issued a nationality registration certificate by the competent civil aviation authority under the State Council.
The competent civil aviation authority under the State Council shall set up a Civil Aircraft Nationality Register of the People's Republic of China to exclusively record matters concerning nationality registration of civil aircraft.

Article 7 The following civil aircraft shall perform the nationality registration of the People's Republic of China:
1. The civil aircraft of a State organ of the People's Republic of China;
2. The civil aircraft of a corporate enterprise set up in accordance with the law of the People's Republic of China; if such corporate enterprise has foreign investment in its registered capital, its organizational structure and composition of personnel, and the proportion of contribution of Chinese investor shall conform to the provisions of administrative rules and regulations;
3. Other civil aircraft, the registration of which is approved by the competent civil aviation authority under the State Council.
Where a civil aircraft was leased from abroad, the lessee being in conformity with the provisions of the preceding paragraph, and the crew of the civil aircraft is provided by the lessee, the latter may apply for the nationality registration of the People's Republic of China, provided that the original nationality registration of such aircraft has been cancelled.

Article 8 A civil aircraft which has acquired the nationality of the People's Republic of China according to law shall display the specified nationality mark and registration mark.

Article 9 A civil aircraft shall not possess dual nationality. Application for the nationality registration of the People's Republic of China shall not be filed for a civil aircraft which has not cancelled its nationality of a foreign country.

Chapter III Rights of Civil Aircraft

Section 1 Basic Principles

Article 10 The rights to a civil aircraft as referred to in this Chapter include the rights to the airframe, engines, propellers, radio apparatus of the civil aircraft and all other articles intended for use in such civil aircraft, no matter whether they are installed thereon or separated temporarily therefrom.

Article 11 The person entitled to the rights of a civil aircraft shall register the following rights respectively with the competent civil aviation authority under the State Council:
1. The ownership of the civil aircraft;
2. The right for the acquisition and possession of the civil aircraft through an act of purchase;
3. The right to possess the civil aircraft in accordance with a lease contract covering a lease term of six months or over;
4. Mortgage of the civil aircraft.

Article 12 A register of the rights of civil aircraft shall be maintained by the competent civil aviation authority under the State Council. Matters registered concerning the rights of one and the same civil aircraft shall be recorded in the same register of rights.
Matters registered concerning the rights of civil aircraft may be made available to the public for inquiry, reproduction or extraction.

Article 13 Unless a civil aircraft was the subject of a forced auction sale in accordance with the law, the nationality registration of such civil aircraft or the registration of rights thereof shall not be transferred abroad before the registered rights of such aircraft are compensated or before the consent of the person entitled to the aforesaid rights is given.

Section 2 Ownership and Mortgage of Civil Aircraft

Article 14 The acquisition, transference and extinction of the ownership of a civil aircraft shall be registered with the competent civil aviation authority under the State Council; no acquisition, transference or extinction of the ownership of the civil aircraft shall act against a third party unless registered.
The transference of the ownership of a civil aircraft shall be made by a contract in writing.

Article 15 Where a State-owned civil aircraft is authorized by the State to be operated, administered or utilized by a legal person, the provisions of this Law concerning the owner of civil aircraft shall be applicable to such legal person.

Article 16 The mortgage of a civil aircraft shall be established by registering the mortgage of the civil aircraft with the competent civil aviation authority under the State Council jointly by the mortgagee and the mortgagor; no mortgage may act against a third party unless registered.

Article 17 Once a mortgage is established on a civil aircraft, the ownership of the mortgaged civil aircraft shall not be transferred without the consent of the mortgagee.

Section 3 Civil Aircraft Liens

Article 18 A civil aircraft lien is the right of the claimant, subject to the provisions of Article 19 of this Law, to take priority in compensation against the owner and lessee of the civil aircraft with respect to the civil aircraft which gave rise to the said claim.

Article 19 The following obligatory rights shall be entitled to civil aircraft liens:
1. Remuneration for rescuing the civil aircraft;
2. Necessary expenses incurred for the custody of the civil aircraft. With respect to the obligatory rights specified in the preceding paragraph, that arising later shall be satisfied first.

Article 20 The creditor of the civil aircraft liens specified in Article 19 of this Law shall register his obligatory rights with the competent civil aviation authority under the State Council within three months commencing from the date of the end of rescue or custody.

Article 21 For the common interests of creditors, the expenses incurred in enforcing the decision of the People's Court and in the course of auction sale shall be deducted and paid first from the proceeds of the auction sale of the civil aircraft.

Article 22 A civil aircraft lien shall have priority over the mortgage of a civil aircraft.

Article 23 Where the obligatory rights provided in Article 19 of this Law are transferred, the civil aircraft liens attached thereto shall be transferred accordingly.

Article 24 A civil aircraft lien shall be enforced by the People's Court by arresting the civil aircraft that gave rise to the said civil aircraft lien.

Article 25 A civil aircraft lien shall be terminated at the expiry of three months commencing from the date of the end of rescue or custody; except that the creditor has registered his obligatory rights according to the provisions of Article 20 of this Law and that the case is under one of the following circumstances:
1. The creditor and debtor have reached agreement on the amount of the said obligatory rights;
2. The legal action concerning the obligatory rights has started.
A civil aircraft lien shall not be extinguished because of the transference of the ownership of the civil aircraft; except that the civil aircraft was the subject of a forced auction sale in accordance with law.

Section 4 Lease of Civil Aircraft.

Article 26 A civil aircraft lease contract, including financing lease contract and other lease contracts, shall be made in writing.

Article 27 The "financing lease of civil aircraft" means that the lessor acquires a civil aircraft pursuant to the selection of the lessee with respect to supplier and civil aircraft, and leases it to the lessee, who shall pay rental periodically.

Article 28 During the period of financing lease, the lessor shall be legally entitled to the ownership of the civil aircraft, and the lessee shall be legally entitled to the rights of possession, utilization and earnings of the civil aircraft.

Article 29 During the period of financing lease, the lessor shall ensure the lessee to possess and use the civil aircraft without interference; the lessee shall take proper care of the civil aircraft and keep it in the condition in which it was delivered, subject to fair wear and tear and to any modification of the civil aircraft agreed by the lessor.

Article 30 When the financing lease contract comes to an end, the lessee, unless exercising a right to purchase the civil aircraft or to hold the civil aircraft on lease for a further period in accordance with the contract, shall return the civil aircraft to the lessor in the condition specified in Article 29 of this Law.

Article 31 The supplier in the financing lease of a civil aircraft shall not be liable to both the lessor and the lessee at the same time in respect of the same damage.

Article 32 During the period of financing lease, the lessee may transfer the right of the possession of the civil aircraft as well as other rights under the lease contract only with the consent of the lessor and without jeopardizing the interests of third parties.

Article 33 In the case of a financing lease, or other leases covering a period of six months or longer, the lessee shall register his right of possession of the civil aircraft with the competent civil aviation authority under the State Council; no such lease may act against a third party unless registered.

Chapter IV Airworthiness Management of Civil Aircraft

Article 34 Application shall be filed with the competent civil aviation authority under the State Council for type certificate for the designing of civil aircraft and its engines, propellers and on-board equipment. A type certificate shall be issued accordingly if found qualified through examination.

Article 35 Application shall be filed with the competent civil aviation authority under the State Council for production certificate and maintenance certificate for the production and maintenance of civil aircraft and its engines, propellers and on-board equipment. A corresponding certificate or certificates shall be issued accordingly if found qualified through examination.

Article 36 Where a civil aircraft and its engines, propellers and on-board equipment produced by a foreign manufacturer are imported into China for the first time, such foreign manufacturer shall file an application with the competent civil aviation authority under the State Council for type validation certificate. A type validation certificate shall be issued if found qualified through examination.
Where a civil aircraft and its engines, propellers and on-board equipment, for which a type certificate has been issued in a foreign country, are produced for the first time in China, the holder of the type certificate shall file an application with the competent civil aviation authority under the State Council for type validation certificate. A type validation certificate shall be issued if found qualified through examination.

Article 37 A civil aircraft possessing the nationality of the People's Republic of China may fly only if it holds an airworthiness certificate issued by the competent civil aviation authority under the State Council.
Application shall be filed with the competent civil aviation authority under the State Council by the manufacturer for export airworthiness certificate with respect to the export of civil aircraft and its engines, propellers and on-board equipment. An export airworthiness certificate shall be issued if found qualified through examination.
A foreign civil aircraft on lease may fly only after the competent civil aviation authority under the State Council has examined and rendered valid its airworthiness certificate issued by the State in which the nationality of such aircraft was originally registered, or has issued a new airworthiness certificate therefor.
The regulations for the airworthiness of civil air-craft shall be formulated by the State Council.

Article 38 The owner and lessee of a civil aircraft shall use the aircraft in accordance with the scope of use prescribed in airworthiness certificate, conscientiously carry out the maintenance of the aircraft and ensure its airworthiness.

Chapter V Airmen

Section 1 Basic Principles

Article 39 The "airmen" as referred to in this Law means the following flight personnel and ground personnel engaged in civil aviation activities:
1. Flight personnel, including pilots, flight engineers, and cabin attendants;
2. Ground personnel, including civil aircraft maintenance personnel, air traffic controllers, flight dispatchers and aeronautical radio station operators.

Article 40 An airman may perform the duty specified in his licence only if he has received professional training, and has been qualified through examination and issued a licence by the competent civil aviation authority under the State Council.
Flight personnel and air traffic controllers shall, before obtaining licences, also be subject to the check of the physical examination unit approved by the competent civil aviation authority under the State Council, and obtain the physical examination certificate issued by the competent civil aviation authority under the State Council.

Article 41 Flight personnel shall, in performing flight missions, carry on their persons licences and physical examination certificates and be subject to the check of the competent civil aviation authority under the State Council.

Article 42 Airmen shall be subject to the periodical or non-periodical inspection and examination of the competent civil aviation authority under the State Council. Only those qualified in inspection and examination may continue to perform the duties specified in their licences.
Flight personnel shall also take part in periodical training of emergency procedures.
Flight personnel who have exceeded the time limit of interruption in flight prescribed by the competent civil aviation authority under the State Council shall be subject to inspection and examination; with the exception of cabin attendants, flight personnel shall also go through instruction flight. Only those qualified through inspection, examination and instruction flight may continue to perform the duties specified in their licences.

Section 2 Crew

Article 43 The crew of a civil aircraft is composed of a pilot-in-command and other flight personnel. The pilot-in-command shall be a pilot possessing the technique and experience of independently piloting that type of civil aircraft.
The composition of a crew and the number of its members shall conform to the regulations of the competent civil aviation authority under the State Council.

Article 44 The pilot-in-command is responsible for the operation of the civil aircraft, and shall strictly perform his duties to protect the safety of the civil aircraft and persons and property carried therein.
Orders issued by the pilot-in-command within the scope of his functions and powers shall be implemented by all the persons carried by the civil aircraft.

Article 45 The pilot-in-command shall carry out necessary inspection of the civil aircraft before flight; no civil aircraft shall takeoff unless inspected.
Where and when a pilot-in-command discovers that the civil aircraft, airport and weather conditions do not conform to the requirements prescribed and cannot ensure flight safety, he has the right to refuse takeoff.

Article 46 The pilot-in-command has the right to take necessary and appropriate measures in flight, under the prerequisite of ensuring flight safety, against any acts which may destroy the civil aircraft, interfere with the order on board and jeopardize the safety of persons or property therein, and any other acts jeopardizing flight safety.
In case of extraordinary circumstances in flight, the pilot-in-command shall have authority as to disposition of the civil aircraft so as to ensure the safety of the aircraft and the persons therein.

Article 47 The pilot-in-command has the right to ask for a change of crew member(s) in order to ensure flight safety if he discovers that the crew member(s) are not suitable for performing the flight mission.

Article 48 In case a civil aircraft is in distress, the pilot-in-command has the right to take all necessary measures, and direct the crew members and other persons on board the aircraft to take rescue measures.
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