General Administration of Civil Aviation of China Order of the General Administration of Civil Aviation of China No.165 The Administrative Measures for the Examination and Approval of Permanent Representative Offices of Foreign Air Transport Enterprises, Director General, Yang Yuanyuan April 3, 2006 Administrative Measures for the Examination and Approval of Permanent Representative Offices of Foreign Air Transport Enterprises Chapter I General Provisions Article 1 In order to regulate the administration of permanent representative offices of foreign air transport enterprises (hereinafter referred Article 2 The “representative offices” as mentioned in these Administrative Measures refers to the agencies that are set up upon approval by The “chief representatives” as mentioned in these Administrative Measures refers to the principal responsible persons of the agencies; Article 3 To apply for setting up a representative office within the territory of the People’s Republic of China, a foreign air transport enterprise Article 4 A foreign air transport enterprise may not set up a representative office within the territory of the People’s Republic of China without Article 5 The representative offices and their staff members shall comply with the laws, regulations and rules for civil aviation of the People’s Article 6 The CAAC shall, in accordance with the laws of the People’s Republic of China and the authorization of the State Council, implement Chapter II Establishment, Extension, Alteration and Termination of Representative Offices Article 7 For the purpose of setting up a representative office, a foreign air transport enterprise shall comply with the basic conditions as (1) In accordance with the air transport treaty or the relative agreement signed between the government of the country where the foreign The setting up of any representative office by a foreign air transport enterprise that has not obtained the designated qualification (2) The foreign air transport enterprise shall go through the approval formalities in accordance with these Administrative Measures. Article 8 For the purpose of setting up a representative office, a foreign air transport enterprise shall hand in the application materials (1) For the purpose of setting up a representative office, a designated foreign air transport enterprise shall hand in the application 1. A photocopy of the business license or any other approval document issued by the CAAC; 2. An application form signed by the legal representative of the foreign air transport enterprise, which shall indicate: the purposes 3. Letter of attorney issued by the legal representative of the foreign air transport enterprise for entrusting the chief representative 4. Registration Forms for the Staff Members of Representative Offices of Foreign Air Transport Enterprises in duplicate filled by the (2) For the purpose of setting up a representative office, a non-designated foreign air transport enterprise shall hand in the application 1. A photocopy of the relative agreement signed between the authorities of the country where the foreign air transport enterprise is 2. An application form signed by the legal representative of the foreign air transport enterprise, consisting of: the brief information 3. The certificate (duplicate) on lawful business initiation issued by the authorities of the country where the foreign air transport 4. Letter of attorney issued by the legal representative of the foreign air transport enterprise for entrusting the chief representative 5. Registration Forms for the Staff Members of Representative Offices of Foreign Air Transport Enterprises in duplicate filled by the Article 9 The CAAC shall conduct the applications put forward by the applicants in accordance with the conditions as follows: (1) If there is any error in the application materials that can be corrected on the spot, the CAAC shall allow the applicant to make corrections (2) If the application materials are incomplete or inconsistent with statutory forms, all the contents that need to be corrected once (3) The CAAC shall accept the application, in case the application materials are complete and consistent with statutory forms, or all Article 10 The CAAC shall, within 20 days as of the date of acceptance, make a decision to approve or disapprove the setting up of a representative If the CAAC makes a decision on approval of the setting up of the representative office, it shall issue an approval certificate to Article 11 After an application of a foreign air transport enterprise for setting up a representative office is approved, this representative Article 12 The valid time limit of the approval document on the representative office of a designated foreign air transport enterprise shall Article 13 For the purpose of applying for an extension, a representative office shall submit the application materials in accordance with different (1) A designated foreign air transport enterprise shall hand in the materials as follows: 1. A photocopy of the valid business license or any other approval document issued by the CAAC; 2. An application form for extension signed by the legal representative of the enterprise; and 3. The photocopies of the approval certificate and the registration certificate of the permanent representative office of the enterprise. (2) A non-designated foreign air transport enterprise shall submit the following materials: 1. A photocopy of the relative agreement signed between the authorities of the country where the foreign air transport enterprise is 2. An application form for extension signed by the legal representative of the enterprise; and 3. A photocopy of the approval document and the registration certificate of the permanent representative office of the enterprise. Article 14 The valid extension time limit of an approval document on the representative office of a designated foreign air transport enterprise Article 15 If a foreign air transport enterprise applies for changing the name of its representative office, replacing or adding the chief representative An application form for changing the business address within the same city may be signed by the chief representative of the representative Article 16 After an application for alteration is approved, the CAAC shall issue a certificate on approval of the alteration, and the representative Article 17 If a representative office does not hand in an application for extension after the expiration of the term of dispatch, its original If a foreign air transport enterprise cancels a representative office before the expiration of the valid time limit, the legal representative Article 18 The name of a representative office shall be ascertained in the pattern of “country + name of the enterprise + name of the city + Article 19 An application form for establishing, extending, altering or canceling a representative office or a letter of attorney for the chief Chapter III Administration of Chief Representatives and Representatives Article 20 A chief representative or representative of a representative office shall have the qualifications as follows: (1) A foreign citizen with a valid passport (excluding foreign students in China); (2) A Chinese citizen who is qualified for long-term residence abroad; (3) A citizen from Hong Kong, Macao or Taiwan holding a valid certificate; and (4) In case a foreign air transport enterprise employs a Chinese citizen to be the chief representative or representative of its representative Article 21 A foreign chief representative or representative of a representative office shall, after entering into the territory of China, acquire Article 22 For the purpose of applying for changing the chief representative of a representative office, the foreign air transport enterprise (1) An application form signed by the legal representative of the foreign air transport enterprise; (2) A letter of attorney signed by the legal representative of the foreign air transport enterprise; (3) A Registration Form for the Staff Members of Representative Offices of Foreign Air Transport Enterprises in duplicate filled by the (4) A photocopy of the valid travel certificate of the person who is to be appointed. For the purpose of applying for changing a representative, the representative office of a foreign air transport enterprise shall hand (1) An application form signed by the chief representative of the representative office of the foreign air transport enterprise; (2) A letter of attorney signed by the legal representative of the foreign air transport enterprise; (3) A Registration Form on the Staff Members of Representative Offices of Foreign Air Transport Enterprises in duplicate filled by the (4) A photocopy of the valid travel certificate of the person who is to be appointed. Chapter IV Supervision and Administration of Representative Offices Article 23 In accordance with the Interim Provisions on the Administration of Permanent Representative Offices of Foreign Enterprises, these Article 24 A foreign air transport enterprise shall undertake the legal liabilities for all the business operations that are implemented by its Article 25 If a representative office violates the laws or regulations of the People’s Republic of China or these Administrative Measures, the Chapter V Supplementary Provisions Article 26 These Administrative Measures by analogy shall apply to the applications of foreign air transport enterprises for assigning permanent The applications of foreign air transport services security enterprises for setting up representative offices within or assigning Article 27 The time limits prescribed in these Administrative Measures shall be calculated with the working days, excluding official holidays. Article 28 These Administrative Measures shall go into effect 30 days after the date of promulgation. The Circular on Implementing the Interim |
General Administration of Civil Aviation of China
2006-04-03