Chapter 1 General Provisions
Article 1 In order to strengthen the industry management of general aviation and promote the safe, orderly and healthy development of general aviation, according to the "People's Republic of China and the These regulations are formulated in accordance with the Civil Aviation Law and other relevant national regulations.
Article 2: These regulations apply to enterprises that use civil aircraft to engage in commercial general aviation activities within the territory of the People’s Republic of China.
Those engaged in non-commercial general aviation activities must register with the civil aviation authority. Specific management measures will be formulated separately.
Article 3 The Civil Aviation Administration of China (hereinafter referred to as the Civil Aviation Administration) and its regional civil aviation administration authorities are the competent departments for general aviation activities.
No unit or individual may establish a general aviation enterprise, purchase or lease civil aircraft, or engage in general aviation business activities without the approval of the Civil Aviation Administration or the Civil Aviation Regional Administration.
Article 4: General aviation enterprises established with approval must abide by national laws, administrative regulations and civil aviation regulations, and carry out business activities within the approved business scope in accordance with the law.
Article 5 General aviation business projects are divided into the following three categories:
(1) Category A onshore oil services, offshore oil services, helicopter external load, artificial precipitation, medical Rescue, aerial prospecting, aerial tours, business flights;
(2) Category B aerial photography, aerial advertising, ocean monitoring, fishery flights, meteorological detection, scientific experiments, urban firefighting, aerial inspection;
(3) Category C aircraft seeding, aerial fertilization, aerial spraying of plant production regulators, aerial weeding, prevention and control of agricultural and forestry pests and diseases, grassland rodent control, prevention and control of sanitary pests, aerial forest protection, and aerial photography.
The categories of business projects not included in the above three categories shall be determined by the Civil Aviation Administration of China.
Emergency and disaster relief are not subject to the classification restrictions of the above three categories of projects and shall be implemented in accordance with the relevant regulations of the Civil Aviation Administration of China.
Article 6 The following main principles should be followed when establishing a general aviation enterprise:
(1) It is conducive to promoting the development of the national economy and protecting the ecological environment, and is conducive to safeguarding the interests of the public , to ensure flight safety;
(2) Comply with national laws, administrative regulations and civil aviation regulations and the requirements for the development of general aviation policies;
(3) Comply with the unified planning of general aviation , the principles of rational layout and coordinated development;
(4) Adapt to social needs and have a good market environment and conditions.
Chapter 2 Enterprise Establishment Conditions and Approval Procedures
Article 7 To establish a general aviation enterprise, the following basic conditions must be met:
(1) Legal requirements of the enterprise The representative shall be a Chinese citizen;
(2) The principal person in charge of the enterprise shall have corresponding aviation expertise. In addition to having corresponding aviation professional knowledge, the person in charge of flight and operation technical quality should also have worked in the aviation department or professional field for more than three years and have certain organizational management experience;
(3) Business A For enterprises operating Category B general aviation projects, the registered capital shall be no less than RMB 20 million; for enterprises operating Category B general aviation projects, the registered capital shall be no less than RMB 10 million; for enterprises operating Category C general aviation projects, the registered capital shall be no less than RMB 5 million. Yuan.
The minimum registered capital of foreign-invested general aviation enterprises is determined by the Civil Aviation Administration of China;
(4) Having two or more civil aircraft registered in the People's Republic of China and meeting airworthiness standards;
(5) There are aircrews who are suitable for civil aircraft, have undergone professional training, obtained licenses, and meet the prescribed conditions. The ratio of civil aircraft to crew should be 1:1.5 (inclusive) or above;
(6) Have maintenance, operational technology, dispatch, communications and other service support personnel that are suitable for civil aircraft, meet standards, and have obtained licenses or certificates;
(7) There are bases, airports and other corresponding infrastructure that are suitable for civil aircraft;
(8) Maintenance conditions of the civil aircraft used and other conditions that can ensure flight safety and are compatible with the operation quality of the declared business project Facilities and equipment;
(9) Other conditions deemed necessary by the Civil Aviation Administration of China.
Article 8: General aviation enterprises that apply for the establishment of Category A business projects shall be subject to preliminary review by the local Civil Aviation Administration of China and submit opinions to the Civil Aviation Administration of China for approval.
General aviation enterprises that apply for the establishment of Category B business projects shall be approved by the local civil aviation regional administration and reported to the Civil Aviation Administration of China for filing. Among them, general aviation enterprises that plan to establish Category B business projects across the jurisdiction of the Civil Aviation Administration of China shall be subject to the approval of the Civil Aviation Administration of China.
General aviation enterprises that apply for the establishment of Category C business projects shall be approved by the local Civil Aviation Administration of China and reported to the Civil Aviation Administration of China for filing. Among them, general aviation enterprises that plan to establish Category C business projects across the jurisdiction of the regional civil aviation administration shall be subject to the approval of the local civil aviation regional administration, but must obtain the consent of other relevant civil aviation regional administrations.
Article 9 When applying to establish a general aviation enterprise, the applicant shall first understand the development of national general aviation and the relevant policies and regulations for establishing a general aviation enterprise, as well as the specific procedures and requirements for applying to establish a general aviation enterprise.
Article 10: After investigation, research and demonstration, the applicant applies to prepare for the establishment of a general aviation enterprise with Category B and C business projects, and must apply for approval from the people's government of the prefecture-level city or its national competent department; General aviation enterprises with Category A business projects must obtain approval from the people's government of the province, autonomous region, or municipality directly under the Central Government where they are located or the competent national authorities to which they belong.
Article 11 To apply for the establishment of a general aviation enterprise, the following documents and materials should be submitted:
(1) Application report for establishment;
(2) The applicant’s affiliation Approval document issued by the local people's government or its national competent department agreeing to the establishment;
(3) Feasibility study report on the establishment of a general aviation enterprise, the contents of which include:
1. The demand situation of the general aviation market in the region and the necessity of starting a general aviation enterprise;
2. The feasibility of the proposed project and its corresponding aircraft types, operating areas, base airports and other facilities and equipment;
3. Sources and training channels for air crews, maintenance personnel and flight dispatch, communications and navigation, operation management and other service support personnel;
4. Reliability of operational technical quality assurance;
5. Forecast analysis of economic benefits;
(4) Capital verification certificate issued by a legally qualified capital verification agency;
(5) Appointment approval documents and qualifications list of the person in charge of preparation and establishment and whether he has the qualifications to prepare for establishment Evaluation of the organizational capabilities of general aviation enterprises; qualifications list and evaluation of organizational leadership capabilities of the person in charge of flight and operational technical quality; Signed agreements and contracts. If the investor is an enterprise, a copy of the business license should also be provided;
(7) Other documents and materials that need to be provided.
Article 12: Those who apply to establish a general aviation enterprise with Category B or C business projects shall submit eight copies of the above-mentioned documents to the local civil aviation regional bureau. Those who apply for the establishment of a general aviation enterprise with Category A business projects must submit the above documents and information in eight copies to the local Civil Aviation Regional Administration. After preliminary review by the Civil Aviation Regional Administration, they will be reported to the Civil Aviation Administration of China.
Article 13 After receiving the applicant’s application for establishment, the Civil Aviation Administration of China and the Civil Aviation Regional Administration shall conduct an review in accordance with the basic conditions for establishing a general aviation enterprise and relevant policies and regulations, and make a decision on the applicant within 90 days. Approval of preparation for establishment.
Article 14 During the period of preparation for the establishment of a general aviation enterprise, the applicant must strictly abide by the relevant national laws, administrative regulations and civil aviation regulations. With the establishment approval document from the Civil Aviation Administration or the Civil Aviation Regional Administration, Carry out the following work:
(1) Handle the application procedures for the purchase of civil aircraft;
(2) Apply for civil aircraft nationality registration certificate, airworthiness certificate, maintenance license, maintenance personnel license and General aviation enterprise logo;
(3) Apply for aircrew physical examination certificate, aircrew license and flight dispatcher license;
(4) Apply for ground and airborne radio station licenses ;
(5) Apply for an airport use license for a self-built base airport or sign an airport road guarantee agreement with the airport used;
(6) Sign correspondence, Meteorological and aeronautical information service guarantee agreement and letter of intent for the flight dispatch agent to be entrusted;
(7) Develop the following manuals suitable for the actual situation of the enterprise in accordance with the relevant regulations of the Civil Aviation Administration and the Civil Aviation Regional Administration:
1． Enterprise operations manual;
2. Enterprise Quality Manual;
3. Flight dispatch manual;
4. Civil aircraft minimum equipment list;
5. Quick Checklist;
6. Civil aircraft maintenance engineering manual and maintenance planning;
7. General Aviation Flight Work Manual;
8. Airport roadway security work manual;
9. Aviation Safety Management Manual;
10. Security plan;
11. Other necessary relevant documents and manuals.
Article 15 After the preparatory work is completed, the applicant shall apply for a general aviation enterprise business license (hereinafter referred to as the business license) to the Civil Aviation Administration of China or the local civil aviation regional bureau.
Article 16 When applying for a business license, the applicant shall submit the following documents:
(1) Preparatory work status and application form for establishing a general aviation enterprise;
(2) A copy of the pre-approval notice of the enterprise name issued by the industrial and commercial administration authority where the enterprise is located and the enterprise logo and approval documents approved by the Civil Aviation Administration;
(3) Articles of Association;
(4) Approved aircraft purchase approval documents;
(5) Civil aircraft nationality registration certificate, airworthiness certificate, maintenance license and approved maintenance plan;
(6) Ground and airborne radio station licenses;
(7) Technical status registration forms for air crews, maintenance personnel, and flight dispatch personnel and valid certificates of medical qualifications for the pilots for the year;
(8) The airport use license of the self-built base airport or the airport track guarantee agreement signed with the airport used;
(9) The legal representative of the enterprise and the person in charge of flight and operation technology The appointment documents, qualifications list and identity certificate of the person in charge of quality;
(10) Capital verification certificate issued by a legally qualified capital verification agency;
(11) Limited liability For a company or a joint-stock limited liability company, documents indicating the names and residences of the company’s directors, supervisors, and managers, as well as certificates of appointment, election, or employment shall also be submitted; Proof of personal liability insurance;
(13) Approved or recognized enterprise operations manual, enterprise quality manual, flight manual, quick checklist, flight dispatch manual, civil aircraft minimum equipment list, civil aircraft Maintenance engineering manual, general aviation flight work manual, airport roadway support work manual, aviation safety management manual, and security plan.
Article 17. After the Civil Aviation Administration of China or the Civil Aviation Regional Administration has reviewed and inspected the applicant’s application report, materials, certificates and preparations, if the applicant meets the conditions for issuing an operating license, the Civil Aviation Administration or the Civil Aviation Administration of China will The regional administration issues operating licenses.
Article 18 The applicant shall apply for registration to the local industrial and commercial administration authority with the business license issued by the Civil Aviation Administration or the Civil Aviation Regional Administration. After obtaining the enterprise legal person business license, the applicant may carry out business activities, and Send a copy of the license to the Civil Aviation Administration of China and the Civil Aviation Regional Administration for filing.
Article 19: If an applicant fails to obtain a business license as scheduled within two years from the date of approval for establishment preparation, he/she will lose the qualification for establishment preparation.
If the preparatory qualification is lost, the Civil Aviation Administration or the Civil Aviation Regional Administration will no longer accept the application of the original applicant within two years.
Article 20: General aviation enterprises shall not conduct business activities beyond the business scope specified in the business license without approval.
Article 21: General aviation enterprises engaged in general aviation business activities shall enter into written contracts with users.
Article 22 When organizing and implementing operational flights, general aviation enterprises shall take effective measures to ensure flight safety and protection in accordance with the safety, technical standards and operational quality requirements stipulated by the state and the Civil Aviation Administration of China. Environmental and ecological balance, preventing damage to the environment, residents, crops or livestock, etc., and providing good services to users.
Article 23: General aviation enterprises shall submit to the Civil Aviation Administration of China and the Regional Civil Aviation Administration of China the information and statistical data on their safety production and operations in accordance with relevant regulations.
Article 24: General aviation enterprises shall accept the supervision and management of the Civil Aviation Administration of China and the Civil Aviation Regional Administration and complete the emergency rescue and disaster relief tasks assigned by the state.
Chapter 3 Change, Termination and Business License Management of Enterprises
Article 25 The name, address, legal representative, registered capital, base airport and When the business scope and other matters are changed, a change application shall be submitted to the Civil Aviation Administration or the Civil Aviation Regional Administration in a timely manner. After review and approval by the Civil Aviation Administration or the Regional Civil Aviation Administration, the corresponding change registration procedures shall be completed in accordance with the national industrial and commercial administration regulations.
Article 26: An enterprise that has been approved by the local civil aviation regional bureau to operate Category C general aviation projects and adds Category B general aviation projects shall submit a written application to the local civil aviation regional bureau. The specific application procedures and conditions shall be implemented in accordance with the relevant requirements of the Civil Aviation Administration of China.
The regional civil aviation administration shall conduct a comprehensive review of the application of general aviation enterprises in accordance with these regulations.
Article 27 An enterprise that has been approved by the local civil aviation regional administration to operate Category B and C general aviation projects and adds Category A general aviation projects shall submit a written application to the local civil aviation regional administration. After being reviewed and put forward by the local civil aviation regional administration bureau, the application shall be submitted to the Civil Aviation Administration of China for approval.
Article 28: Those who apply for temporary cross-regional Category B general aviation operations shall submit an application to the local Civil Aviation Regional Administration, which will be subject to preliminary review by the Civil Aviation Administration of China before being reported to the Civil Aviation Administration of China for approval.
Enterprises applying for temporary cross-regional Category B general aviation activities should submit the following documents:
(1) Copies of the enterprise business license and legal person business license;
(2) A letter of intent signed with the user;
(3) A copy of the airport runway support agreement signed with the airport used;
(4) The effective suitability of civil aircraft Copy of flight certificate;
(5) Other necessary documents.
Article 29: The operating license of a general aviation enterprise is valid for three years. General aviation enterprises shall submit a written application for renewal of the license to the Civil Aviation Administration or the Regional Civil Aviation Administration three months before the expiration of the operating license.
Article 30 When a general aviation enterprise applies for renewal of its business license, it shall provide relevant documents and information based on the scope of its original approved business license and in accordance with the requirements of Article 15 of these Regulations and other relevant regulations. After review by the Civil Aviation Administration of China or the Regional Civil Aviation Administration of China, a new business license will be issued and the original business license will be returned.
When a general aviation enterprise is not qualified to engage in the business projects specified in the business license, the Civil Aviation Administration or the Civil Aviation Regional Administration will cancel the business project.
Article 31: The business license shall not be altered, lent, bought or sold, or transferred. If it is lost, it should be reported to the Civil Aviation Administration of China or the Regional Civil Aviation Administration of China in a timely manner, and after the loss is announced in relevant newspapers and periodicals, a new application for collection should be made.
Article 32 If a general aviation enterprise goes bankrupt due to poor management, ceases operations for any reason, or is revoked, it shall immediately return its business license to the licensing authority and go to the original industrial and commercial registration authority to handle deregistration in accordance with regulations. formalities.
Article 33 When the General Administration of Civil Aviation or the Regional Civil Aviation Administration of China issues or renews an operating license, the applicant shall pay the cost and fees, and the charging method will be formulated separately.
Chapter 4 Penalty Provisions
Article 34 Violates the provisions of paragraph 2 of Article 3 of these Regulations and, without approval, establishes general aviation enterprises, purchases and leases civil aircraft, Anyone who engages in general aviation business activities shall be ordered by the Civil Aviation Administration or the Regional Civil Aviation Administration to cease illegal activities, confiscate illegal income, and impose a fine of not less than one time but not more than three times the illegal income; if there is no illegal income, a fine of not less than RMB 10,000 and not less than RMB 30,000 shall be imposed. A fine of less than RMB 10,000.
Article 35 Anyone who violates the provisions of Article 20 of these Regulations and conducts business activities beyond the business scope specified in the business license without approval shall be ordered by the Civil Aviation Administration or the Civil Aviation Regional Administration to stop For illegal activities, illegal gains will be confiscated and a fine of not less than one time but not more than three times of the illegal gains will be imposed; if there are no illegal gains, a fine of not less than 10,000 yuan but not more than 30,000 yuan will be imposed.
Article 36 Violation of Article 22 of these Regulations shall result in a warning, suspension of business for rectification, and a fine of not less than RMB 10,000 but not more than RMB 30,000 by the Civil Aviation Administration of China or the Regional Civil Aviation Administration of China.
Article 37 Anyone who violates the provisions of Article 31 of these Regulations and alters, lends, buys, sells or transfers the operating license without authorization shall be given a warning by the Civil Aviation Administration or the Civil Aviation Regional Administration and may be fined one day A fine of not less than 10,000 yuan but not more than 30,000 yuan is imposed.
Article 38 If a general aviation enterprise violates these regulations and the circumstances are serious, in addition to being punished in accordance with these regulations, its operating license will be revoked by the Civil Aviation Administration or the regional civil aviation administration. If it constitutes a crime, the judicial authorities will investigate the criminal liability in accordance with the law.
Chapter 5 Supplementary Provisions
Article 39 The approval regulations for air tour business projects shall be separately formulated by the Civil Aviation Administration of China.
Article 40 These regulations shall come into effect on the date of promulgation.