Interim Regulations of the State Council on Administration of General Aviation (Revised in 2014)

Order of the State Council of the People's Republic of China [2014] No. 653

July 29, 2014

(Promulgated according to Guo Fa [1986] No. 2 on January 8, 1986; revised in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on July 29, 2014.)

Article 1 These Regulations are formulated to promote the healthy development of general aviation, safeguard public interests and ensure air safety, so as to meet the development needs of Chine's modern socialist construction.

Article 2 All flight operations using civilian aircraft for purposes such as industrial, agricultural, forestry, animal husbandry and fishery production and State construction, as well as those involving medical care, emergency rescue, environmental and oceanographic monitoring, scientific research, educational training, cultural, sports and sightseeing activities (hereinafter referred to as general aviation) shall all comply with these Regulations.
Flight operations for purposes of emergency aid and relief will be carried out according to relevant State regulations.

Article 3 The Civil Aviation Administration of China (hereinafter referred to as CAAC) will be responsible for the allocation of general aviation work and administration.

Article 4 All units or individuals involved in general aviation and enterprises in the general aviation business shall go through application and approval procedures in accordance with the following regulations:
1. All who carry out general aviation flying or business on an inter-provincial basis will be examined, approved and granted a General Aviation Licence by CAAC.
2. All who carry out general aviation flying or business within the boundary of a province, autonomous region, or directly administered municipality will be examined, approved and granted a General Aviation Licence by the local administration of civil aviation and information on the examination, approval and granting of the licence will be filed with CAAC.
The approving organ referred to above shall reach a decision within three months of receiving an application.

Article 5 An application for a General Aviation Licence shall meet the following conditions in line with general aviation requirements.
1. All aircraft will be registered and issued a "flight-qualified" certificate following their passing an inspection by CAAC. All who lease foreign aircraft shall submit their leasing contracts and other relevant documents.
2. All flight personnel, aircraft mechanics and flight controllers will be issued with a licence after passing a proficiency assessment by CAAC. All pilots engaged in flight operations shall possess the special knowledge and skills necessary for carrying out such operations, having received professional training and being assessed as qualified.
3. All airfields used in general aviation and their aircraft service and maintenance conditions must be able to guarantee regular flights and operations.

Article 6 All enterprises engaged in the general aviation business shall hold a General Aviation Licence, register according to the provisions of the Regulations on the Registration of Industrial and Commercial Enterprises and may only begin operations after receiving their business licence.
An enterprise engaged in the general aviation business which requires to alter any item indicated on its General Aviation Licence shall apply to the original licence issuing organ for approval, and then progress with relevant procedures in accordance with the provisions of the Regulations on the Registration of Industrial and Commercial Enterprises.

Article 7 All units or individuals involved in general aviation flying and enterprises in the general aviation business shall take out insurance on their aircraft and third party insurance with the People's Insurance Company of China.

Article 8 An enterprise engaged in the general aviation business may undertake general aviation business activities outside Chinese territory but shall go through the relevant formalities in accordance with relevant provisions of the State.

Article 9 All enterprises, units or individuals engaging in general aviation flying shall adopt effective measures for the preservation of the environment. Noise levels or the discharge of pollutants must all meet the standards of State regulations.
Anyone who breaches the provisions of the above paragraph with this resulting in damage shall be responsible for paying due compensation. Should a dispute occur it will be handled by judicial organs in accordance with the law.

Article 10 All units, individuals and enterprises in general aviation flying or business shall observe the provisions of State law and administrative statutes and accept the inspection and supervision of the relevant authorities.

Article 11 All units, individuals and enterprises in general aviation flying or business shall observe the relevant rules and regulations concerning civil aviation and accept CAAC investigation of any flight mishaps.

Article 12 All units, individuals and enterprises in general aviation flying or business shall regularly submit general aviation statistical data and other information in accordance with CAAC regulations.
All enterprises engaged in the general aviation business shall also formulate and report to CAAC their own medium-term and long-term programs under the guidance of the State Plan.
CAAC shall support the development of general aviation and co-ordinate and supervise general aviation business activities.

Article 13 All schools or institutions that conduct civil aviation education and training shall accept CAAC supervision and inspection. Administrative measures on civil aviation education and training will be stipulated by CAAC.

Article 14 The department in charge of aviation sports shall formulate its administrative measures in accordance with these Regulations, and file them with CAAC.

Article 15 Where a unit, individual or enterprise involved in general aviation flying or business violates the law or relevant regulations, CAAC or the local civil aviation administration may issue penalties ranging from a warning, fine or suspension of business, to revocation of the General Aviation Licence.
CAAC or the local civil aviation administration shall act in conjunction with the administrative department for industry and commerce to simultaneously revoke the business licence of any enterprise which has had its General Aviation Licence revoked.

Article 16 CAAC is responsible for the interpretation of these Regulations.

Article 17 These Regulations will be effective from the date of issue. All units, individuals and enterprises involved in general aviation flying or business prior to the issue of these Regulations shall apply to go through supplementary approval procedures within three months; those who fail to do so within the stipulated period will not be permitted to engage in general aviation flying or business.