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中华人民共和国民用航空器国籍登记条例 REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE NATIONALITY REGISTRATION OF CIVIL AIRCRAFT

2006-05-14 17:57   我要纠错 | 打印 | 收藏 | | |

国务院令第232号
(Promulgated by Decree No. 232 of the State Council of the People's Republic of China on October 21, 1997)
颁布日期:19971021  实施日期:19971021  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated in accordance with the provisions of the Civil Aviation Law of the People's Republic of China with a view to enhancing the administration of civil aircraft nationality, ensuring safety in civil aviation activities and maintaining order in civil aviation activities.

  Article 2 The following civil aircraft shall enter into nationality registration pursuant to these Regulations:

  (1) civil aircraft of state institutions of the People's Republic of China;

  (2) civil aircraft of a corporate enterprise established in accordance with the laws of the People's Republic of China; the registered capital of the corporate enterprise constitutes contributions from foreign businesses, the percentage of foreign businesses in the registered capital or paid-up capital of the said corporate enterprise does not exceed 35%, the right to vote of their representatives on the board of directors and the shareholders' conference (shareholders' meeting)does not exceed 35%, and a Chinese citizen serves as the chairman of the board of directors of the said corporate enterprise;

  (3) other civil aircraft the registration of which is approved by the competent department of civil aviation under the State Council.

  Civil aircraft leased from abroad the leaseholder of which conforms to the provisions of the preceding paragraph and the crew members of the said civil aircraft are provided by the leaseholder may apply for the registration of the nationality of the People's Republic of China; however, the original nationality registration of the said civil aircraft must first be nullified.

  Article 3 A civil aircraft acquires the nationality of the People's Republic of China upon registration in accordance with law.

  Article 4 A civil aircraft shall not have dual nationalities. A civil aircraft whose foreign nationality has not been nullified shall not apply for nationality registration in the People's Republic of China; a civil aircraft whose nationality of the People's Republic of China has not been nullified shall not apply for nationality registration in foreign countries.

  Article 5 The competent department of civil aviation under the State Council shall take charge of the work of nationality registration of civil aircraft of the People's Republic of China, set up a civil aircraft nationality registration book of the People's Republic of China with uniform recording of the particulars relating to civil aircraft nationality registration.

  Article 6 A civil aircraft nationality registration shall not serve as the proof of ownership of the civil aircraft.

  Chapter II Nationality Registration

  Article 7 For application for civil aircraft nationality registration of the People's Republic of China, an applicant shall truthfully fill out the application form for civil aircraft nationality registration in accordance with the format prescribed by the competent department of civil aviation under the State Council and present the following documents to the competent department of civil aviation under the State Council:

  (1) documents proving the legal status of the applicant;

  (2) purchase contract and delivery documents as proofs of the obtainment of ownership of the civil aircraft; or lease contract and delivery documents as proofs of possession of the civil aircraft;

  (3) proofs of not having entered into nationality registration in foreign countries or of nullification of foreign nationality;

  (4) other relevant documents required to be presented by the competent department of civil aviation under the State Council.

  Article 8 The competent department of civil aviation under the State Council shall, within seven working days from the date of receipt of an application for civil aircraft nationality registration, examine the application form and relevant documents of proof; a certificate of civil aircraft nationality registration of the People's Republic of China shall be issued to the applicant if the application conforms to the provisions of these Regulations upon examination.

  Article 9 The competent department of civil aviation under the State Council shall carry the following particulars in the civil aircraft nationality registration book:

  (1) nationality mark and registration mark of the civil aircraft;

  (2) name of the manufacturer of the civil aircraft;

  (3) type of the civil aircraft;

  (4) plant serial number of the civil aircraft;

  (5) name and address of the owner of the civil aircraft;

  (6) name and address of the possessor of the civil aircraft;

  (7) registration date of the civil aircraft; and

  (8) name of the issuer of the certificate of civil aircraft nationality registration.

  Article 10 The civil aircraft nationality registration certificate shall be placed in a prominent position in the civil aircraft for inspection and examination.

  Article 11 In the event of any of the following circumstances, a civil aircraft having obtained the nationality of the People's Republic of China shall apply for going through the formalities of changes in registration:

  (1) change in the owner or his/her address of the civil aircraft;

  (2) change in the possessor or his/her address of the civil aircraft; and

  (3) other circumstances which call for going through the formalities of changes in registration as prescribed by the competent department of civil aviation under the State Council.

  Article 12 In the event of any of the following circumstances, a civil aircraft having obtained the nationality of the People's Republic of China shall apply for the nullification of the registration:

  (1) a civil aircraft the ownership of which has been transferred abroad in accordance with law and a certificate of airworthiness for export of which has been obtained;

  (2) a civil aircraft which has been phased out or has to be scrapped;

  (3) a civil aircraft which has crashed, or has been missing and the search of which has been stopped;

  (4) termination of the lease contract of a civil aircraft in conformity with the provisions of the second paragraph of Article 2 of these Regulations; and

  (5) other circumstances which call for nullification of the registration as prescribed by the competent department of civil aviation under the State Council.

  Article 13 An applicant going through the formalities of civil aircraft nationality registration shall pay the registration fee. The rate of registration fee shall be fixed by the competent department of civil aviation under the State Council in conjunction with the competent department of price control under the State Council.

  Article 14 The competent department of civil aviation under the State Council or its authorized regional civil aviation administrations may ban the take-off of such civil aircraft which has no or does not carry a civil aircraft nationality registration certificate.

  Chapter III Nationality Mark and Registration Mark

  Article 15 The civil aircraft nationality mark of the People's Republic of China shall be the Romanized capital letter B.

  The civil aircraft registration mark of the People's Republic of China shall be the Arabic numerals and the Romanized capital letter or the combination of both.

  Article 16 The civil aircraft nationality mark of the People's Republic of China shall be placed ahead of the registration mark, with a hyphen between the nationality mark and registration mark.

  Article 17 A civil aircraft having obtained the nationality of the People's Republic of China shall spray-paint the nationality mark and registration mark on the civil aircraft or attach them to the civil aircraft in other ways that can maintain equal durability and keep them clearly visible.

  The position, size and letter-form of the nationality mark and registration mark on civil aircraft shall be prescribed by the competent department of civil aviation under the State Council.

  Article 18 No unit or individual shall spray-paint or stick any pattern, mark or symbol on civil aircraft liable to create confusion with the nationality mark and registration mark.

  Article 19 A civil aircraft having obtained the nationality of the People's Republic of China shall carry an identification plaque made of refractory metal or other refractory materials and with the nationality mark and registration mark engraved thereon.

  Chapter IV Provisional Registration

  Article 20 With respect to a civil aircraft having not obtained a civil aircraft nationality registration certificate, the applicant shall, within 30 days prior to the following flights and pursuant to the format prescribed by the competent department of civil aviation under the State Council, truthfully fill out the application form and present the relevant certification documents to the competent department of civil aviation under the State Council for going through the formalities of provisional registration:

  (1) orientation test flights and production test flights;

  (2) performance flights;

  (3) orientation flights for delivery or export; and

  (4) other necessary flights.

  Applicants referred to in the preceding paragraph mean the manufacturers, sellers of civil aircraft or other applicants acknowledged by the competent department of civil aviation under the State Council.

  Civil aircraft the provisional registration of which has been approved by the competent department of civil aviation under the State Council shall determine the provisional registration mark and be issued a provisional registration certificate.

  Article 21 Civil aircraft having obtained the provisional registration mark may, for export, attach the provisional registration mark on the civil aircraft using erasable materials and shall completely cover the foreign nationality mark and registration mark already spray-painted thereon as requested by the foreign party.

  Chapter V Supplementary Provision

  Article 22 These Regulations shall enter into force as of the date of promulgation.

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