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Laws of the People's Republic of China |
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| Category | CIVIL AVIATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1997-10-21 | Effective Date | 1997-10-21 |
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Regulations of the People's Republic of China on the Nationality Registration of Civil Aircraft |
|---|
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 Article 7 For application for civil aircraft nationality registration (1) documents proving the legal status of the applicant; (2) purchase contract and delivery documents as proofs of the obtainment (3) proofs of not having entered into nationality registration in foreign (4) other relevant documents required to be presented by the competent Article 8 The competent department of civil aviation under the State Article 9 The competent department of civil aviation under the State (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 Article 10 The civil aircraft nationality registration certificate Article 11 In the event of any of the following circumstances, a (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 Article 12 In the event of any of the following circumstances, a (1) a civil aircraft the ownership of which has been transferred (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 (4) termination of the lease contract of a civil aircraft in conformity (5) other circumstances which call for nullification of the registration Article 13 An applicant going through the formalities of civil Article 14 The competent department of civil aviation under the State Article 15 The civil aircraft nationality mark of the People's The civil aircraft registration mark of the People's Republic of China Article 16 The civil aircraft nationality mark of the People's Article 17 A civil aircraft having obtained the nationality of the The position, size and letter-form of the nationality mark and Article 18 No unit or individual shall spray-paint or stick any pattern, Article 19 A civil aircraft having obtained the nationality of the Article 20 With respect to a civil aircraft having not obtained a (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, Civil aircraft the provisional registration of which has been Article 21 Civil aircraft having obtained the provisional registration Article 22 These Regulations shall enter into force as of the date of
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serve as the proof of ownership of the civil aircraft.
Chapter II 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:
of ownership of the civil aircraft; or lease contract and delivery
documents as proofs of possession of the civil aircraft;
countries or of nullification of foreign nationality;
department of civil aviation under the State Council.
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.
Council shall carry the following particulars in the civil aircraft
nationality registration book:
registration.
shall be placed in a prominent position in the civil aircraft for
inspection and examination.
civil aircraft having obtained the nationality of the People's Republic
of China shall apply for going through the formalities of changes in
registration:
changes in registration as prescribed by the competent department of civil
aviation under the State Council.
civil aircraft having obtained the nationality of the People's Republic of
China shall apply for the nullification of the registration:
abroad in accordance with law and a certificate of airworthiness for export
of which has been obtained;
the search of which has been stopped;
with the provisions of the second paragraph of Article 2 of these Regulations;
and
as prescribed by the competent department of civil aviation under the State
Council.
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.
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
Republic of China shall be the Romanized capital letter B.
shall be the Arabic numerals and the Romanized capital letter or the
combination of both.
Republic of China shall be placed ahead of the registration mark, with a
hyphen between the nationality mark and registration mark.
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.
registration mark on civil aircraft shall be prescribed by the competent
department of civil aviation under the State Council.
mark or symbol on civil aircraft liable to create confusion with the
nationality mark and registration mark.
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
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:
sellers of civil aircraft or other applicants acknowledged by the
competent department of civil aviation under the State Council.
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.
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
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rotnroca596