民用航空运输销售代理业管理规定
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中国民用航空总局令第37号 Chapter I General Provisions Article 1 These Provisions are formulated in order to maintain the market order of civil air transport and safeguard the lawful rights and interests of the public， civil air transport enterprises and civil air transport sales agencies. Article 2 These Provisions are applicable to civil air transport sales agencies engaged in the sale of passenger and cargo transport on behalf of civil air transport enterprises in the territory of the People's Republic of China. Article 3 In these Provisions， （1） Civil air transport sales agency （hereinafter referred to as 'air transport sales agency'） refers to a profit-making undertaking appointed by a civil air transport enterprise to be engaged in the sale of air passenger and cargo transport and related business operations for and on behalf of the principal within the agreed scope of authority； （2） Civil air transport enterprise refers to an enterprise engaged in the carriage of passengers， baggages， cargo and mail with civil aircraft； （3） Civil air transport sales agent （hereinafter referred to as 'sales agent'） refers to an enterprise engaged in air transport sales agency； （4） Competent administrative organ of civil air transport of the People's Republic of China （hereinafter referred to as 'civil aviation competent administrative organ'） refers to the General Administration of Civil Aviation of China； （5） Regional administrative organ of civil air transport of the People's Republic of China （hereinafter referred to as 'civil aviation regional administrative organ'） refers to the regional administration of civil aviation of China. Article 4 Air transport sales agencies are divided into the following two categories in accordance with the scope of agency service： （1） Category-I air transport sales agency， engaged in the sales agency service of civil air transport on international routes or regional routes leading to Hongkong， Macao and Taiwan； （2） Category-II air transport sales agency， engaged in the sales agency service of civil air transport on domestic routes excluding regional routes leading to Hongkong， Macao and Taiwan. Article 5 Air transport sales agencies are administered in accordance with the following principles： （1） Meeting social demand， making things convenient for the public and distributing the network of sales agencies rationally； （2） Protecting just competition and promoting service quality. Article 6 Sales agents must observe the laws and regulations of China and subject themselves to the supervision and administration of civil aviation competent administrative organ or civil aviation regional administrative organ， as appropriate. Chapter II Conditions for Establishment Article 7 A sales agent shall obtain the corporate capacity of an enterprise of the People's Republic of China according to law. Article 8 The amount of registered capital of a sales agent shall conform to the following requirements： （1） The registered capital of a category-I air transport sales agent shall not be less than RMB 1，500，000 yuan； （2） The registered capital of a category-II air transport sales agent shall not be less than RMB 500，000 yuan. The registered capital of a sales agent shall be increased by RMB 500，000 yuan for the addition of every branch office or business point. For a sales agent concurrently engaged in the sale of air transport， its capital used specifically for such sale shall meet the above requirements. Article 9 A sales agent shall have available the following conditions for business operation： （1） fixed independent business location； （2） telecommunications facilities and other necessary business facilities； （3） civil air transport regulations and material corresponding to its sales agency service； （4） at least three people possessing appropriate qualification certificates of air transport sales personnel. Article 10 A foreign legal person or a foreigner， who has set up a Chinese-foreign joint venture or a Chinese-foreign cooperative enterprise in accordance with the relevant laws of the People's Republic of China and is qualified for the conditions stipulated in these Provisions， may be engaged in category-I air transport sales agency in the territory of the People's Republic of China after being approved by the civil aviation competent administrative organ； and may be engaged in the cargo sales of category-II air transport sales agency in the territory of the People's Republic of China after being approved by the civil aviation regional administrative organ. Chapter III Examination， approval and Registration Procedures Article 11 An air transport sales agency shall be applied for in accordance with the following procedures： （1） For category-I air transport sales agency， a written application shall be submitted to the civil aviation competent administrative organ； （2） For category-II air transport sales agency， a written application shall be submitted to the civil aviation regional administrative organ of the place where the business location of the applicant is situated. Article 12 In applying for air transport sales agency， the following documents and materials shall be submitted： （1） application in writing；（2） articles of association of the enterprise； （3） name， post and resume of the principal person in charge and the name list of sales personnel； （4） business facilities and telecommunications equipment available； （5） capital credit certificate； （6） proof of financial guarantee； （7） photocopy of the appropriate qualification certificates of air transport sales personnel； （8） intention letter of agency appointment issued by a civil air transport enterprise； （9） other documents and material for submission as required. An applicant applying for category-I air transport sales agency to be engaged in cargo sales shall also submit a photo copy of 'Confirmation of International Cargo Transport Agency of the People's Republic of China'. Article 13 The civil aviation competent administrative organ or civil aviation regional administrative organ shall make a decision of approval or disapproval in accordance with these Provisions within 30 days beginning from the day of accepting the application. The civil aviation competent administrative organ or civil aviation regional administrative organ shall verify and issue appropriate certificate of approval for the operation of air transport sales agency to applicants conforming to the conditions for engaging in such agency. The period of validity of the certificate of approval for the operation of air transport sales agency is three years. Article 14 The sales agent shall apply for registration with the administration of industry and commerce at the place of its business location against the certificate of approval for the operation of air transport sales agency issued by the civil aviation competent administrative organ or civil aviation regional administrative organ. Article 15 A sales agent operating an air transport sales agency may apply for setting up branch offices or business points in case its annual sales volume was more than double the minimum level prescribed in Article 28 of these Provisions for two consecutive years， and it was not subject to the penalty of fine or suspension of business for rectification during these two years. Article 16 A sales agent to set up branch offices or business points to operate air transport sales agency shall apply for separate certificates of approval for the operation of air transport sales agency for its branch offices or business points in accordance with these Provisions. A sales agent shall be responsible for the business behavior of its branch offices or business points. Article 17 The civil aviation competent administrative organ may decide to suspend the acceptance of applications for air transport sales agency within prescribed period in the light of the macro supply and demand of civil air transport market. The decision made by the civil aviation competent administrative organ in accordance with the preceding paragraph shall be announced. Chapter IV Control of Operation Article 18 In the appointment and operation of agency the civil air transport enterprise and sales agent shall comply with the regulations of the civil aviation competent administrative organ， prevent error in business and man-made accident in transport， and safeguard public interest. Article 19 A sales agent shall perform civil air transport sales agency within the scope of approved agency category. Article 20 A sales agent may sign air transport sales agency agreement with any civil air transport enterprise having the right of operation in the territory of the People's Republic of China within the scope of approved agency category so as to perform civil air transport sales agency. In the appointment and operation of agency the civil air transport enterprise or sales agent must not practise any unjust act of competition. Article 21 The sales agent and civil air transport enterprise shall determine through consultation the standard of air transport sales agent commission in accordance with the principle of equality and mutual benefit， except the legal standard prescribed by the civil aviation competent administrative organ and competent price department. The sales agent shall publish the standard of business charges at its business location and submit such charges to the civil aviation competent administrative organ or civil aviation regional administrative organ which issued the certificate of approval for the operation of air transport sales agency for file. Article 22 The sales agent and civil air transport enterprise shall strictly carry out the air transport sales agency agreement signed between the two parties. The sales agent shall submit the air transport sales agency agreement to the civil aviation competent administrative organ or civil aviation regional administrative organ which issued the certificate of approval for the operation of air transport sales agency for file. Article 23 The sales agent shall use special invoices for air transport sales agency while carrying out passenger sales of category-I air transport sales agency. Article 24 The sales agent shall submit an annual report of its operation to the civil aviation competent administrative organ or civil aviation regional administrative organ which issued the certificate of approval for the operation of air transport sales agency for file. A sales agent concurrently engaged in air transport sales agency shall maintain separate account numbers and account books for the revenue and expenditure accrued in the operation of air transport sales agency. Article 25 The sales agent must observe the regulations concerning air transport price and air transport sales agency service charges of China. Article 26 The sales agent must not transfer air transport documents to others for sale， or complete air transport documents at a business location not registered. Article 27 A sales agent who continues the operation of sales agency after the expiration of its certificate of approval for the operation of air transport sales agency shall apply in writing for renewing the certificate to civil aviation competent administrative organ or civil aviation regional administrative organ one month before the expiration of such certificate. In case a sales agent fails to apply for the renewal of the certificate of approval for operation in accordance with the provision in the preceding paragraph， it shall automatically forfeit its qualification for air transport sales agency at the time of expiration of such certificate. Article 28 The certificate of approval for the operation of air transport sales agency shall not be renewed if the annual average sales volume of a sales agent fails to reach the following minimum standard： （1） For a category-I air transport sales agent， the sale of transportation of 2，000 passengers or 100 tons of cargo； （2） For a category-II air transport sales agent， the sale of transportation of 5，000 passengers or 200 tons of cargo. The provision of the preceding paragraph shall not apply if in the opinion of the civil aviation competent administrative organ or civil aviation regional administrative organ it is still necessary to maintain a sales agent because the sales agent is the sole sales agent in the area where such agent is situated and the service quality of such agent is good. Article 29 A civil air transport enterprise must not sign an air transport sales agency agreement with a unit or an individual under one of the following circumstances： （1） a unit or an individual not in possession of a certificate of approval for the operation of air transport sales agency； （2） the business scope of the business license of the unit or individual does not include air transport sales agency. Article 30 In case the certificate of approval for the operation of air transport sales agency of a sales agent is with drawn or expires， the civil air transport enterprise shall immediately terminate its performance of the air transport sales agency agreement signed with such agent. Chapter V Penalty Article 31 A sales agent in violation of these Provisions shall be penalized by the civil aviation competent administrative organ or civil aviation regional administrative organ as follows： （1） Violation of Article 21， paragraph 2 of Article 22 and Article 24 of these Provisions shall be penalized by warning and instruction to correct within prescribed time； failure to correct within the prescribed time or a second violation within six months shall be penalized by suspension of operation for rectification for 3 to 15 days. （2） Violation of Article 19 and Article 23 shall be penalized by instruction to correct within prescribed time and imposition of a fine of over RMB 1，000 yuan but below 10，000 yuan； failure to correct within prescribed time or a second violation within six months shall be penalized by suspension of operation for rectification for 7 to 30 days. （3） Violation of Article 18， paragraph 2 of Article 20， Article 25 and Article 26， shall be penalized by the imposition of a fine of over RMB 3，000 yuan but below 30，000 yuan or the suspension of operation for rectification for 15 to 90 days at the same time in addition to instructing the sales agent to indemnify the victim for economic loss； serious cases resulting in adverse influence or the recurrence of same violation for three times within two years shall be penalized by the withdrawal of the certificate of approval for the operation of air transport sales agency. Article 32 In case the certificate of approval for the operation of air transport sales agency of a sales agent is with drawn， the civil aviation competent administrative organ or civil aviation regional administrative organ shall suggest that the administration of industry and commerce revoke or change the business license of the sales agent. Article 33 In the case of unlawful operation of civil air transport sales agency without the certificate of approval for the operation of air transport sales agency， the civil aviation competent administrative organ or civil aviation regional administrative organ， as appropriate， shall ban the unlawful operation of such sales agent， confiscate its unlawful earnings and impose a fine to the amount of over RMB 30，000 yuan but below 100，000 yuan. Article 34 In the case of violation of Article 18， the second paragraph of Article 20， Article 29 and Article 30 by a civil air transport enterprise， the civil aviation competent administrative organ or civil aviation regional administrative organ， as appropriate， shall instruct the enterprise to correct immediately and impose a fine of over RMB 10，000 yuan but below 100，000 yuan. Article 35 In the case of gross violation of these Provisions constituting a crime， criminal responsibility shall be investigated and affixed in accordance with the law. Article 36 If a party refuses to comply with the specific administrative act performed by the civil aviation competent administrative organ or civil aviation regional administrative organ in accordance with these Provisions， it may apply for reconsideration of the case to the civil aviation competent administrative organ and may also initiate administrative proceedings directly to the people's court within 15 days beginning from the day on which the specific administrative act comes to its knowledge. Chapter VI Supplementary Provisions Article 37 Rules for the implementation of these Provisions shall be formulated by the General Administration of Civil Aviation of China. Article 38 The General Administration of Civil Aviation of China shall be responsible for the interpretation of these Provisions. Article 39 These Provisions shall go into effect on the day of their promulgation. |
