CIVIL AVIATION LAW OF THE PEOPLE’S REPUBLIC OF CHINA

The Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No.56

The Civil Aviation Law of the People’s Republic of China which has been adopted by the 16th Meeting of the Standing Committee of the
Eighth National People’s Congress on October 30, 1995 is promulgated now, and shall enter into force as of March 1, 1996.

President of the People’s Republic of China Jiang Zemin

October 30, 1995

Civil Aviation Law of the People’s Republic of China ContentsChapter 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 Actual Carrier

Chapter X General Aviation

Chapter XI Search and Rescue and Accident Investigation

Chapter XII Liability for Damage to Third Parties on the Surface

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 or 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 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 nationality registration of the People’s Republic of China:

(1)

The civil aircraft of a State organ of the People’s a 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 form 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 enpost_titled 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 any 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 enpost_titled 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 enpost_titled 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 enpost_titled to the ownership of the civil aircraft, and the lessee shall
be legally enpost_titled 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.

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 certificate
or certificates shall be issued accordingly if found qualified.

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.

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.

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 airworthinees
certificate shall be issued if found qualified.

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 airworthinees certificate therefor.

The regulations for the airworthiness of civil aircraft 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

“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, navigators, flight engineers, flight radio operators 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 be bas 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 licenses.

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.

The pilot-in-command issues orders within the scope of his functions and powers, and the orders shall be implemented by 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 bas 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 the 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 discovered 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.In case of emergency which necessitates evacuation from the civil
aircraft in distress, the pilot-in-command must take measures first to organize passengers to leave the civil aircraft safely; no
crew member shall leave the civil aircraft unless authorized by the pilot-in-command; the pilot-in-command shall be the last to leave
the aircraft.

Article 49

In case an accident occurred to a civil aircraft, the pilot-in-command shall report in time the state of the accident accurately to
the competent civil aviation authority under the State Council directly or through air traffic control unit.

Article 50

When a pilot-in-command received SOS signals from a ship or another aircraft, or discovered, a ship or an aircraft and the persons
therein in distress, he shall report the state of distress in time to the nearest air traffic control unit and give possible, rational
assistance.

Article 51

In case a pilot-in-command is unable to perform his duties in flight due to one reason or another, the pilot holding a post next only
to him shall act on his behalf, the owner or lessee of the civil aircraft shall assign a new pilot-in-command to take over before
the aircraft takes off at the next place of stop.

Article 52

In the case of a civil aircraft with only one pilot and without the need to have other flight personnel, the provisions of this Section
concerning the pilot-in-command shall be applicable to such pilot.

Chapter VI Civil Airport

Article 53

“Civil airport” as referred to in this Law means a defined area, including any subsidiary buildings, installations and equipment,
intended to be used for the takeoff, landing, taxiing, parking and other activities of civil aircraft.

The civil airport refereed to in this Law does not include temporary airfield.

The provisions for the management of airports used by both military and civil air operations shall be separately formulated by the
State Council and the Central Military Commission jointly.

Article 54

The construction and utilization of civil airports shall be subject to overall arrangement and rational distribution, and the efficiency
of airport utilization shall be raised.

The plan of distributions and construction of civil airports in the whole country shall be formulated jointly by the competent civil
aviation authority under the State Council and other departments concerned under the State Council, and shall be implemented after
being approved in accordance with the procedures prescribed by the State.

The People’s Governments of provinces, autonomous regions and municipalities directly under the central government shall formulate
the civil airport construction plans of their own administrative areas on the basis of the national plan of civil airport distribution
and construction, and incorporate such plans in the national economic and social development programs at their respective levels
after being approved in accordance with the procedures prescribed by the State.

Article 55

The civil airport constriction plan shall be coordinated with city construction planning.

Article 56

The constriction, modification and extension of civil airport shall conform to the plan of civil airport distribution and construction
formulated according to law and to the standards of civil airport,and shall be subject to the approval of the competent authority
concerned and implemented in accordance with State regulations.

A construction project of civil airport not conforming to the plan of civil airport distribution and construction formulated according
to law shall not be approved.

Article 57

With respect to the construction and extension of civil airport, an announcement shall be issued by the local People’s Government
at county or higher level of the place where the civil airport is locate.

The announcement prescribed in the preceding paragraph shall be published in main local newspapers, and posted in areas around the
airport to be constructed or extended.

Article 58

The following activities are prohibited within the limits of civil airport defined according to law and within the airport obstacle
clearance protection zone defined according to State regulations:

(1)

The construction of buildings or facilities that will possibly affect flight safety by emitting large amount of smoke, dust, flames
and waste gas in the air;

(2)

The construction of buildings or facilities that will affect flight safety such as shooting range and storage of strong explosives;

(3)

The construction of buildings or facilities that do not meet the requirements of obstacle clearance of the airport;

(4)

The installation of lights, signs or objects that will affect the use of airport visual navaid;

(5)

The growing of plants that will affect flight safety or affect the use of airport navaid;

(6)

The keeping and setting free of birds and other objects that will affect flight safety;

(7)

The construction of buildings and facilities that will affect the electromagnetic environment of the airport.

Herding of livestock within the limits of civil airport defined according to law is prohibited.

Article 59

Before the issue of announcement concerning the constriction and extension of a civil airport, the buildings, structures, trees, lights
and other obstacles existing within the limits of the civil airport defined according to law and within the airport obstacle clearance
protection zone defined in accordance with State regulations that might affect light safety shall be removed within prescribed time
limit; the damage caused thereby shall be compensated, or other remedial measures shall be taken according to law.

Article 60

After the issue of announcement concerning the constriction and extension of a civil airport, the buildings, structures, trees, lights
and other obstacles that affect flight safety built, planted or put up by any unit of individual within the limits of the civil airport
defined according to law and within the airport obstacle clearance protection zone defined in accordance with State regulations in
violation of this Law and the provisions of relevant administrative rules and regulations shall be removed by the order of the local
People’s Government at county or higher level of the place where the airport is located; the damage caused thereby shall be borne
by the person who built, planted of put up such obstacles.

Article 61

In accordance with the relevant regulations, of the State, movement obstacle lights and marks shall be installed on high buildings
or facilities outside the civil airport and its obstacle clearance protection zone defined according to State regulations that will
possibly affect flight safety, and shall be kept in normal condition.

Article 62

A civil airport may be opened to traffic only if it holds an airport operating licence.

A civil airport may apply for an airport operating licence if it meets the following conditions and has been checked and accepted
as qualified according to State regulations:

(1)

It has available a movement area, a terminal area, a working area and service facilities and personnel corresponding to its operation;

(2)

It has available air traffic control, communication, navigation and meteorological facilities and personnel that can ensure flight
safety;

(3)

It has available security protection conditions conforming to State regulations;

(4)

In has an emergency plan to deal with extra-ordinary circumstances and corresponding facilities and personnel;

(5)

It has available other conditions specified by the competent civil aviation authority under the State Council.

An international airport shall also have the conditions for operating international air transport and be provided with customs and
other port inspection organs.

Article 63

A civil airport operating licence shall be applied for by airport administrative organ to the competent civil aviation authority under
the State Council, and shall be issued after being examined and approved by the competent civil aviation authority under the State
Council.

Article 64

The establishment of an international airport shall be reported by the competent civil aviation authority under the State Council
for the examination and approval of the State Council.

The opening to traffic of an international airport shall be announced to the public by the competent civil aviation authority under
the State Council; the data of an international airport shall be exclusively provided by the competent civil aviation authority under
the State Council.

Article 65

A civil airport shall take measures to ensure the safety of personnel and property in the airport in accordance with the provisions
of the competent civil aviation authority under the State Council.

Article 66

A civil airport used by civil aircraft for the purpose of transporting passengers and cargo shall be equipped with necessary facilities
to provide good service to passengers, shippers and consignees in accordance with the standards provided by the competent civil aviation
authority under the State Council.

Article 67

A civil airport administrative organ shall protect well the environment of the civil airport in accordance with the provisions of
the laws and administrative rules and regulations concerning environment protection.

Article 68

A use’s charge and a service charge shall be paid for the use of civil airport and its navaid by a civil aircraft; the rates of user’s
charge and service charge shall be formulated jointly by the competent civil aviation authority under the State Council and the finance
department and the competent authority of prices under the State Council.

Article 69

Where a civil airport is abandoned or used for other purposes, the civil airport administrative organ shall go through the formalities
of reporting and approval in accordance with State regulations.

Chapter VII Air Navigation

Section 1 Airspace Management

Article 70

The State exercises unified management over the airspace.

Article 71

In delineating the airspace, consideration shall be given to the requirements of both civil aviation and the security of national
defence and to public interest for the rational, full and effective utilization of the airspace.

Article 72

The detailed method of airspace management shall be formulated jointly by the State Council, and the Central Military Commission.

Section 2 Flight Management

Article 73

Responsibility for the control of aircraft operating within a defined, controlled airspace shall be vested in a single air traffic
control unit.

Article 74

The approval of an air traffic control unit shall be obtained for a civil aircraft to conduct flight activities in a controlled airspace.

Article 75

A civil aircraft in flight shall follow the air route and fly at the altitude specified by the air traffic control unit; permission
shall be obtained from the air traffic control unit if a deviation from the air route or a change in flight altitude specified is
necessary fo

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