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| Category | CIVIL AVIATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1993-08-03 | Effective Date | 1993-08-03 |
|
Provisions for the Administration of Civil Air Transport Sales Agencies |
|---|
Article 1 These Provisions are formulated in order to maintain the market
order of civil air transport and safeguard the lawful rights and interests of
the public, civil air transport enterprises and civil air transport sales
agencies.
Article 2 These Provisions are applicable to civil air transport sales
agencies engaged in the sale of passenger and cargo transport on behalf of
civil air transport enterprises in the territory of the People's Republic of
China.
Article 3 In these Provisions,
(1) Civil air transport sales agency (hereinafter referred to as 'air
transport sales agency') refers to a profit-making undertaking appointed by a
civil air transport enterprise to be engaged in the sale of air passenger and
cargo transport and related business operations for and on behalf of the
principal within the agreed scope of authority;
(2) Civil air transport enterprise refers to an enterprise engaged in the
carriage of passengers, baggages, cargo and mail with civil aircraft;
(3) Civil air transport sales agent (hereinafter referred to as 'sales
agent') refers to an enterprise engaged in air transport sales agency;
(4) Competent administrative organ of civil air transport of the People's
Republic of China (hereinafter referred to as 'civil aviation competent
administrative organ') refers to the General Administration of Civil Aviation
of China;
(5) Regional administrative organ of civil air transport of the People's
Republic of China (hereinafter referred to as 'civil aviation regional
administrative organ') refers to the regional administration of civil aviation
of China.
Article 4 Air transport sales agencies are divided into the following two
categories in accordance with the scope of agency service:
(1) Category-I air transport sales agency, engaged in the sales agency
service of civil air transport on international routes or regional routes
leading to Hongkong, Macao and Taiwan;
(2) Category-II air transport sales agency, engaged in the sales agency
service of civil air transport on domestic routes excluding regional routes
leading to Hongkong, Macao and Taiwan.
Article 5 Air transport sales agencies are administered in accordance
with the following principles:
(1) Meeting social demand, making things convenient for the public and
distributing the network of sales agencies rationally;
(2) Protecting just competition and promoting service quality.
Article 6 Sales agents must observe the laws and regulations of China and Article 7 A sales agent shall obtain the corporate capacity of an Article 8 The amount of registered capital of a sales agent shall conform (1) The registered capital of a category-I air transport sales agent shall (2) The registered capital of a category-II air transport sales agent The registered capital of a sales agent shall be increased by RMB 500,000 For a sales agent concurrently engaged in the sale of air transport, its Article 9 A sales agent shall have available the following conditions for (1) fixed independent business location; (2) telecommunications facilities and other necessary business facilities; (3) civil air transport regulations and material corresponding to its (4) at least three people possessing appropriate qualification Article 10 A foreign legal person or a foreigner, who has set up a Article 11 An air transport sales agency shall be applied for in (1) For category-I air transport sales agency, a written application shall (2) For category-II air transport sales agency, a written application Article 12 In applying for air transport sales agency, the following (1) application in writing; (2) articles of association of the enterprise; (3) name, post and resume of the principal person in charge and the (4) business facilities and telecommunications equipment available; (5) capital credit certificate; (6) proof of financial guarantee; (7) photocopy of the appropriate qualification certificates of air (8) intention letter of agency appointment issued by a civil air transport (9) other documents and material for submission as required. An applicant applying for category-I air transport sales agency to be Article 13 The civil aviation competent administrative organ or civil The civil aviation competent administrative organ or civil aviation The period of validity of the certificate of approval for the operation of Article 14 The sales agent shall apply for registration with the Article 15 A sales agent operating an air transport sales agency may Article 16 A sales agent to set up branch offices or business points to A sales agent shall be responsible for the business behavior of its branch Article 17 The civil aviation competent administrative organ may decide The decision made by the civil aviation competent administrative organ in Article 18 In the appointment and operation of agency the civil air Article 19 A sales agent shall perform civil air transport sales agency Article 20 A sales agent may sign air transport sales agency agreement In the appointment and operation of agency the civil air transport Article 21 The sales agent and civil air transport enterprise shall The sales agent shall publish the standard of business charges at its Article 22 The sales agent and civil air transport enterprise shall The sales agent shall submit the air transport sales agency agreement to Article 23 The sales agent shall use special invoices for air transport Article 24 The sales agent shall submit an annual report of its operation A sales agent concurrently engaged in air transport sales agency shall Article 25 The sales agent must observe the regulations concerning air Article 26 The sales agent must not transfer air transport documents to Article 27 A sales agent who continues the operation of sales agency In case a sales agent fails to apply for the renewal of the certificate of Article 28 The certificate of approval for the operation of air transport (1) For a category-I air transport sales agent, the sale of transportation (2) For a category-II air transport sales agent, the sale of The provision of the preceding paragraph shall not apply if in the opinion Article 29 A civil air transport enterprise must not sign an air (1) a unit or an individual not in possession of a certificate of approval (2) the business scope of the business license of the unit or individual Article 30 In case the certificate of approval for the operation of air Article 31 A sales agent in violation of these Provisions shall be (1) Violation of Article 21, paragraph 2 of Article 22 and Article 24 of (2) Violation of Article 19 and Article 23 shall be penalized by (3) Violation of Article 18, paragraph 2 of Article 20, Article 25 and Article 32 In case the certificate of approval for the operation of air Article 33 In the case of unlawful operation of civil air transport sales Article 34 In the case of violation of Article 18, the second paragraph Article 35 In the case of gross violation of these Provisions Article 36 If a party refuses to comply with the specific administrative Article 37 Rules for the implementation of these Provisions shall be Article 38 The General Administration of Civil Aviation of China shall be Article 39 These Provisions shall go into effect on the day of their
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subject themselves to the supervision and administration of civil aviation
competent administrative organ or civil aviation regional administrative
organ, as appropriate.
Chapter II Conditions for Establishment
enterprise of the People's Republic of China according to law.
to the following requirements:
not be less than RMB 1,500,000 yuan;
shall not be less than RMB 500,000 yuan.
yuan for the addition of every branch office or business point.
capital used specifically for such sale shall meet the above requirements.
business operation:
sales agency service;
certificates of air transport sales personnel.
Chinese-foreign joint venture or a Chinese-foreign cooperative enterprise in
accordance with the relevant laws of the People's Republic of China and is
qualified for the conditions stipulated in these Provisions, may be engaged in
category-I air transport sales agency in the territory of the People's
Republic of China after being approved by the civil aviation competent
administrative organ; and may be engaged in the cargo sales of category-II air
transport sales agency in the territory of the People's Republic of China
after being approved by the civil aviation regional administrative organ.
Chapter III Examination, approval and Registration Procedures
accordance with the following procedures:
be submitted to the civil aviation competent administrative organ;
shall be submitted to the civil aviation regional administrative organ of the
place where the business location of the applicant is situated.
documents and materials shall be submitted:
namelist of sales personnel;
transport sales personnel;
enterprise;
engaged in cargo sales shall also submit a photocopy of 'Confirmation of
International Cargo Transport Agency of the People's Republic of China'.
aviation regional administrative organ shall make a decision of approval or
disapproval in accordance with these Provisions within 30 days beginning from
the day of accepting the application.
regional administrative organ shall verify and issue appropriate certificate
of approval for the operation of air transport sales agency to applicants
conforming to the conditions for engaging in such agency.
air transport sales agency is three years.
administration of industry and commerce at the place of its business location
against the certificate of approval for the operation of air transport sales
agency issued by the civil aviation competent administrative organ or civil
aviation regional administrative organ.
apply for setting up branch offices or business points in case its annual sales
volume was more than double the minimum level prescribed in Article 28 of
these Provisions for two consecutive years, and it was not subject to the
penalty of fine or suspension of business for rectification during these two
years.
operate air transport sales agency shall apply for separate certificates of
approval for the operation of air transport sales agency for its branch
offices or business points in accordance with these Provisions.
offices or business points.
to suspend the acceptance of applications for air transport sales agency
within prescribed period in the light of the macro supply and demand of civil
air transport market.
accordance with the preceding paragraph shall be announced.
Chapter IV Control of Operation
transport enterprise and sales agent shall comply with the regulations of the
civil aviation competent administrative organ, prevent error in business and
man-made accident in transport, and safeguard public interest.
within the scope of approved agency category.
with any civil air transport enterprise having the right of operation in the
territory of the People's Republic of China within the scope of approved
agency category so as to perform civil air transport sales agency.
enterprise or sales agent must not practise any unjust act of competition.
determine through consultation the standard of air transport sales agent
commission in accordance with the principle of equality and mutual benefit,
except the legal standard prescribed by the civil aviation competent
administrative organ and competent price department.
business location and submit such charges to the civil aviation competent
administrative organ or civil aviation regional administrative organ which
issued the certificate of approval for the operation of air transport sales
agency for file.
strictly carry out the air transport sales agency agreement signed between the
two parties.
the civil aviation competent administrative organ or civil aviation regional
administrative organ which issued the certificate of approval for the
operation of air transport sales agency for file.
sales agency while carrying out passenger sales of category-I air transport
sales agency.
to the civil aviation competent administrative organ or civil aviation
regional administrative organ which issued the certificate of approval for the
operation of air transport sales agency for file.
maintain separate account numbers and account books for the revenue and
expenditure accrued in the operation of air transport sales agency.
transport price and air transport sales agency service charges of China.
others for sale, or complete air transport documents at a business location
not registered.
after the expiration of its certificate of approval for the operation of air
transport sales agency shall apply in writing for renewing the certificate to
civil aviation competent administrative organ or civil aviation regional
administrative organ one month before the expiration of such certificate.
approval for operation in accordance with the provision in the preceding
paragraph, it shall automatically forfeit its qualification for air transport
sales agency at the time of expiration of such certificate.
sales agency shall not be renewed if the annual average sales volume of a
sales agent fails to reach the following minimum standard:
of 2,000 passengers or 100 tons of cargo;
transportation of 5,000 passengers or 200 tons of cargo.
of the civil aviation competent administrative organ or civil aviation
regional administrative organ it is still necessary to maintain a sales agent
because the sales agent is the sole sales agent in the area where such agent
is situated and the service quality of such agent is good.
transport sales agency agreement with a unit or an individual under one of the
following circumstances:
for the operation of air transport sales agency;
does not include air transport sales agency.
transport sales agency of a sales agent is withdrawn or expires, the civil air
transport enterprise shall immediately terminate its performance of the air
transport sales agency agreement signed with such agent.
Chapter V Penalty
penalized by the civil aviation competent administrative organ or civil
aviation regional administrative organ as follows:
these Provisions shall be penalized by warning and instruction to correct
within prescribed time; failure to correct within the prescribed time or a
second violation within six months shall be penalized by suspension of
operation for rectification for 3 to 15 days.
instruction to correct within prescribed time and imposition of a fine of over
RMB 1,000 yuan but below 10,000 yuan; failure to correct within prescribed
time or a second violation within six months shall be penalized by suspension
of operation for rectification for 7 to 30 days.
Article 26, shall be penalized by the imposition of a fine of over RMB 3,000
yuan but below 30,000 yuan or the suspension of operation for rectification
for 15 to 90 days at the same time in addition to instructing the sales agent
to indemnify the victim for economic loss; serious cases resulting in adverse
influence or the recurrence of same violation for three times within two years
shall be penalized by the withdrawal of the certificate of approval for the
operation of air transport sales agency.
transport sales agency of a sales agent is withdrawn, the civil aviation
competent administrative organ or civil aviation regional administrative organ
shall suggest that the administration of industry and commerce revoke or
change the business license of the sales agent.
agency without the certificate of approval for the operation of air transport
sales agency, the civil aviation competent administrative organ or civil
aviation regional administrative organ, as appropriate, shall ban the unlawful
operation of such sales agent, confiscate its unlawful earnings and impose a
fine to the amount of over RMB 30,000 yuan but below 100,000 yuan.
of Article 20, Article 29 and Article 30 by a civil air transport enterprise,
the civil aviation competent administrative organ or civil aviation regional
administrative organ, as appropriate, shall instruct the enterprise to correct
immediately and impose a fine of over RMB 10,000 yuan but below 100,000 yuan.
constituting a crime, criminal responsibility shall be investigated and
affixed in accordance with the law.
act performed by the civil aviation competent administrative organ or civil
aviation regional administrative organ in accordance with these Provisions, it
may apply for reconsideration of the case to the civil aviation competent
administrative organ and may also initiate administrative proceedings directly
to the people's court within 15 days beginning from the day on which the
specific administrative act comes to its knowledge.
Chapter VI Supplementary Provisions
formulated by the General Administration of Civil Aviation of China.
responsible for the interpretation of these Provisions.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/pftaocatsa696