Regulations on Administration of International Scheduled Flights
(CAAC Order No. 36, promulgated on July 29, 1993 and effective since promulgating day)
 
Article 1   These Regulations are hereby formulated with a view to safeguarding the interests of aviation of the country and promotion the safe, healthy and orderly development of international air transport.
Article 2   These regulations are applicable for the operation of Chinese air transport enterprises (air transport enterprises) engaged in the scheduled international air transport of passengers, luggage, cargos and mails (“International scheduled flights”).
Article 3   Air transport enterprise applying for business scope for international flight shall meet following conditions:
1.    Running scheduled civil air transport of passengers, luggage, cargos and mails with annual passenger throughput up to 1.50 million passengers or 150 million ton/kilometer;
2.    Having clean record of air safety;  
3.    Having civil aircrafts and auxiliary facilities suitable for the business of international flights;
4.    Having professional staff and main management personnel suitable for the business of international flights;
5.    Having corresponding international flight business administration policy and relevant manuals;
6.    Increasing necessary assets enough to undertake civil liabilities which may arise in the business of international flights; the air transport enterprise in loss cannot apply for the business of international flights;
7.    Other conditions stipulated by the CAAC.
Relevant manuals referred in the Article 5 herein include flight manual, flight affair manual, Manual for Loading Balance of Aircrafts, Minimum Equipment List, Emergency Treatment Manual, International Passenger Transport Manual, Security Manual and other necessary manuals.
Article 4   The air transport enterprise meeting conditions specified in Article 3 herein shall submit materials required by the Article 3 herein when applying for business of international flights with the CAAC. After review and approval according to relevant regulations, the CAAC will alter the business scope of the air transport enterprise’s Business License for Air Transport Enterprise.
The air transport enterprise is allowed to apply for business license for a certain international airline only if it has handled alteration registration in original registration authority with altered Business License for Air Transport Enterprise.
Article 5   The air transport enterprise applying for Business License for International Flight (“Applicant”) shall submit following materials while submitting application s to the CAAC:
1.    Business License for Air Transport Enterprise;
2.    Operation outcomes in latest three years and certificate materials;
3.    Materials related to the aircrafts and auxiliary materials suitable for the business of such international flights;
4.    Certificates or certificate documents and necessary materials relevant to crews, repair staff, dispatched flight staff, commercial transport staff and main management personnel;
5.    Valid certificate on increase of assets;
6.    Certificates on maintaining aircraft hull insurance, aircraft hull war insurance and legal liability insurance;
7.    Feasibility report;
8.    Business plan about operation of such international airline, applied airline and flight schedule and materials about departure, stopping and destination international airports and alternate international airports;
9.    Other necessary materials.
Article 6   Besides review according to relevant regulations herein, the CAAC shall consider following factors with regard to application submitted by the applicant:
1.    Compliant to air transport pacts signed between Chinese and foreign governments;
2.    Conforming to China’s overall plan on international service and overall interest of the country and helping promote rational competition;
3.    In case the air transport pact signed between Chinese and foreign governments allows the airline between two countries to be run by multiple airlines, the second Chinese air transport enterprise is allowed to join the business of such international airline only if the annual passenger throughput exceeds 100,000 passengers and if the number of weekly flights of Chinese air transport enterprise is no less than five with annual seat occupancy rate higher than 68% or if the number of weekly flights is more than four with annual seat occupancy rate higher than 80%;
4.    The international airport used in navigation of international airport applied by applicant has conditions suitable for the type and safeguards meeting international standard.
Article 7   The CAAC will hold a discussion meeting in three months since receiving the application submitted by applicant. The discussion meeting shall be attended by applicant and local civil aviation administration, air transport enterprise, airport and other parties related to applicant. Applicant shall state reason for application and make defence on the discussion meeting.
Article 8   The CAAC will make decision on the application in six months or in 3 months after the discussion meeting.
Article 9   After obtaining Business License for International Flight, applicant shall become open for navigation according to conditions and date specified on the business license for the airline in one year since the day when the Business License for International Flight is issued in usual.
Article 10    If applicant cannot become open for navigation on schedule for its own reason, it may apply for postponing up to three months with the CAAC. If it still cannot become open for navigation in three months after approval, corresponding Business License for International Flight will become invalid.
Article 11    Before becoming open for navigation, the air transport enterprise shall submit CAAC-approved repair permission and repair agreement for each stopping airports on international airline according to relevant regulations of the CAAC.
Article 12    The air transport enterprise shall submit application with the CAAC if it’s intentioned to suspend business of a certain international airline. It cannot suspend the business of such international airline until application is approved. Suspension period is up to six months.
Article 13    In case air transport enterprise suspends business beyond approved suspension period for its own reason, corresponding Business License for International Flight will become invalid.
Article 14    The air transport enterprise may apply for termination of business of a certain international airline with the CAAC six months prior to the day when business is terminated. The air transport enterprise cannot terminate the business of such international airline without approval of the CAAC.
Article 15    In special cases, the CAAC may suspend or terminate the operation of any international flight by any air transport enterprise.
Article 16    Business License for International Flight cannot be transferred, traded or exchanged.
Article 17    The air transport enterprise running international flights shall obey by air transport pacts and agreements signed between Chinese and foreign governments and relevant laws, regulations and rules of China and relevant regulations of the CAAC.
Article 18    The offices and their staff dispatched by the air transport enterprise running international flights shall obey by relevant local laws.
Article 19    Safety level, flight punctuality rate and service level of the air transport enterprise running international flights shall be higher than average level of the country.
Article 20    Determination and alteration of schedule of international flights shall conform to relevant regulations of CAAC.  
Article 21    The CAAC and regional civil navigation administrations shall supervise and inspect the flight, repair, transport, security, operation management and other relevant conditions of international flights of air transport enterprise.
Article 22    The air transport enterprise shall submit various statistic materials to the CAAC and regional civil navigation administrations truly on schedule according to regulations of the CAAC.
Article 23    In case air transport enterprise has cheat behavior during applying for the Business License for International Flight or violates these regulations during running international airline, the CAAC may give warning, impose fine, or suspend or withdraw the Business License for International Flight, even cancel the business scope of international flights in the Business License for Air Transport Enterprise.
Article 24    The CAAC is responsible for the interpretation of these regulations.
Article 25    These regulations come into force since the promulgating day.

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