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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ESTABLISHMENT, EXTENSION, ALTERATION AND TERMINATION OF REPRESENTATIVE OFFICES CHAPTER III ADMINISTRATION OF CHIEF REPRESENTATIVES AND REPRESENTATIVES CHAPTER IV SUPERVISION AND ADMINISTRATION OF REPRESENTATIVE OFFICES CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Administrative Measures are formulated according to the Interim Provisions of the State Council on the Administration of Permanent Representative Offices of Foreign Enterprises for the purpose of regulating the administration of permanent representative offices of foreign air transport enterprises (hereinafter referred to as representative offices) and their staff members. Article 2. The "representative offices" as mentioned in these Administrative Measures refers to the agencies that are established upon approval by foreign air transport enterprises within the territory of China and engage in the business operations. The "chief representatives" as mentioned in these Administrative Measures refers to the main principals of the agencies; and the "representatives" as mentioned in these Administrative Measures refers to other main staff members of the agencies. Article 3. To apply for establishing a representative office within the territory of the People's Republic of China, a foreign air transport enterprise shall obtain approval from the Civil Aviation Administration of China of the People's Republic of China (hereinafter referred to as the CAAC), and go through the registration formalities at the State Administration for Industry and Commerce of the People's Republic of China or the administrative bureau for industry and commerce of each province, autonomous region, municipality directly under the Central Government or city under separate state planning (hereinafter referred to as the registration organ). Article 4. A foreign air transport enterprise shall not establish a representative office within the territory of the People's Republic of China without approval and registration, nor may it carry out any business operation with respect to air transport. Article 5. The representative offices and their staff members shall abide by the laws, regulations and rules for civil aviation of the People's Republic of China, and shall not damage the security of the People's Republic of China or the social and public interests. The lawful rights and interests of the representative offices and their staff members shall be protected by the laws of China. Article 6. The CAAC shall, according to the laws of the People's Republic of China and the authorization of the State Council, perform the administrative functions for the representative offices within its own authorities. CHAPTER II ESTABLISHMENT, EXTENSION, ALTERATION AND TERMINATION OF REPRESENTATIVE OFFICES Article 7. To establish a representative office, a foreign air transport enterprise shall meet the following basic conditions: (1) The foreign air transport enterprise has, according to the air transport treaty or the relevant agreement between the government of the country where the foreign air transport enterprise is situated and the government of the People's Republic of China, obtained the designated qualification for providing air transport services between two countries; The establishment of any representative office by a foreign air transport enterprise that has not obtained the designated qualification for providing air transport services between two countries shall be subject to special approval of the CAAC; and (2) The foreign air transport enterprise shall go through the approval formalities according to these Administrative Measures. Article 8. To apply for establishing a representative office, a foreign air transport enterprise shall submit the application materials to the CAAC in light of different situations: (1) A designated foreign air transport enterprise shall submit the following application materials to the CAAC for establishing a representative office: 1. a photocopy of the business license or any other approval document issued by the CAAC; 2. an application form signed by the legal representative of the foreign air transport enterprise, which shall indicate: the purposes of establishing the representative office, the name of the representative office, the persons to be assigned to the representative office (chief representative and representatives), scope of business, office address, and the contact information, etc.; 3. letter of attorney issued by the legal representative of the foreign air transport enterprise for entrusting the chief representative and representatives of the representative office, as well as a photocopy of the valid travel certificates of the chief representative and representatives; and 4. Registration Forms for the Staff Members of Representative Offices of Foreign Air Transport Enterprises in duplicate as filled in by the chief representative and representatives. (2) A non-designated foreign air transport enterprise shall submit the following application materials to the CAAC for establishing a representative office: 1. a photocopy of the relevant agreement reached between the authorities of the country where the foreign air transport enterprise is situated or the foreign air transport enterprise and the CAAC; 2. an application form signed by the legal representative of the foreign air transport enterprise, which shall indicate: the brief information about the enterprise, the purposes for establishing the representative office, the name of the representative office, the persons to be assigned to the representative office (chief representative and representatives), scope of business, office address, and the contact information, etc.; 3. the certificate (duplicate) on lawful business initiation issued by the authorities of the country where the foreign air transport enterprise is situated; 4. letter of attorney issued by the legal representative of the foreign air transport enterprise for entrusting the chief representative and representatives of the representative office, as well as a photocopy of the valid travel certificates of the chief representative and representatives; and 5. Registration Forms for the Staff Members of Representative Offices of Foreign Air Transport Enterprises in duplicate as filled in by the chief representative and representatives. Article 9. The CAAC shall handle the applications put forward by the applicants in light of the following conditions: (1) If there is any error in the application materials that can be corrected on the spot, the CAAC shall allow the applicant to make corrections on the spot; (2) If the application materials are incomplete or inconsistent with statutory forms, the CAAC shall, within 5 days, notify the applicant of all the contents that need to be corrected once and for all. If it fails to do so within the aforesaid time limit, it shall be deemed as having accepted the application materials from the day when it receives them; and (3) If the application materials are complete and consistent with statutory forms, or the applicant has submitted all the corrected application materials as required, the CAAC shall accept the application. Article 10. The CAAC shall, within 20 days as of the date of acceptance, make a decision on approval or disapproval of the establishment of a representative office. If it can not make a decision within 20 days, the time limit may be extended to another 10 days upon approval of its principal, and it shall notify the reasons for the extension to the applicant. If the CAAC makes a decision on approval of the establishment of the representative office, it shall issue an approval certificate to the applicant within 10 days as of the day when the decision is made; if it makes a decision on disapproval of the establishment of the representative office, it shall notify this to the applicant and explain the reasons for the disapproval. Article 11. After an application of a foreign air transport enterprise for establishing a representative office is approved, this representative office shall go through the registration formalities at the registration organ according to the relevant provisions. If it fails to do so within the aforesaid time limit, the approval certificate shall be invalidated automatically. Article 12. The valid term of the approval document on the representative office of a designated foreign air transport enterprise shall be consistent with that of the business license issued by the CAAC. The valid term of the representative office of a non-designated foreign air transport enterprise shall generally be 3 years computed as of the day when the CAAC issues the approval document. If the valid term expires and needs to be extended, the foreign air transport enterprise shall, 45 days in advance, file an application with the examination and approval organ, and go through the formalities for the extension. Article 13. To apply for an extension, a representative office shall submit the application materials in light of different situations: (1) A designated foreign air transport enterprise shall submit the following materials: 1. a photocopy of the valid business license or any other approval document issued by the CAAC; 2. an application form for extension signed by the legal representative of the enterprise; and 3. a photocopy of the approval document and the registration certificate of the permanent representative office of the enterprise. (2) A non-designated foreign air transport enterprise shall submit the following materials: 1. a photocopy of the relevant agreement reached between the authorities of the country where the foreign air transport enterprise is situated or the foreign air transport enterprise and the CAAC; 2. an application form for extension signed by the legal representative of the enterprise; and 3. a photocopy of the approval document and the registration certificate of the permanent representative office of the enterprise. Article 14. The valid extension term of an approval document on the representative office of a designated foreign air transport enterprise shall be consistent with that of the business license issued by the CAAC. The valid extension term of an approval document for the representative office of a non-designated foreign air transport enterprise shall generally be 3 years. After an application for extension filed by a representative office is approved, the CAAC shall issue a certificate on approval of the extension, and the representative office shall go through the registration formalities for the extension according to the relevant provisions. Article 15. If a foreign air transport enterprise requests for altering the name of its representative office, replacing or adding the chief representative or representatives, altering the business scope or office address of its representative office, it shall submit an application form signed by the legal representative of the enterprise and the relevant materials about the matter to be altered to the CAAC. An application form for altering the office address within the same city may be signed by the chief representative of the representative office. Article 16. After an application for alteration is approved, the CAAC shall issue a certificate on approval of the alteration, and the representative office shall go through the registration formalities according to the relevant provisions. Article 17. If a representative office does not file an application for extension after the expiration of the term of dispatch, the CAAC shall write off its original approval document. If a foreign air transport enterprise cancels a representative office before the expiration of the valid term, the legal representative of this air transport enterprise shall sign a notice on cancellation of the representative office 30 days before the termination, and a photocopy of the original approval document shall be submitted to the CAAC for archival filing. Article 18. The name of a representative office shall be determined in the pattern of "country + name of the enterprise + name of the city + representative office". Article 19. An application form for establishing, extending, altering or canceling a representative office or a letter of attorney for the chief representative or any representative shall be written in Chinese; and if it is written in any other language, a Chinese translation thereof shall be attached. If any other application material is written in the language other than Chinese, a Chinese translation thereof shall be attached. As to the legal force of the relevant documents or materials, the Chinese version thereof shall prevail CHAPTER III ADMINISTRATION OF CHIEF REPRESENTATIVES AND REPRESENTATIVES Article 20. A chief representative or representative of a representative office shall have the following qualifications: (1) a foreign citizen with a valid passport (excluding foreign students in China); (2) a Chinese citizen who is qualified for long-term residence abroad; (3) a citizen from Hong Kong, Macao or Taiwan who holds a valid certificate; and (4) if a foreign air transport enterprise hires a Chinese citizen to be the chief representative or representative of its representative office (excluding the Chinese citizens mentioned in Paragraph 2 of this Article), it shall go through the approval formalities according to the relevant laws and regulations of the People's Republic of China. Article 21. A foreign chief representative or representative of a representative office shall, after entering into the territory of China, obtain an employment permit upon the strength of his occupation visa and other relevant certificates; if he has no occupation visa, he shall obtain an occupation visa and an employment permit upon the strength of a Registration Certificate for the Permanent Representative Offices of Foreign Air Transport Enterprises and a Work Certificate for the Permanent Representative Offices of Foreign Air Transport Enterprises. If the country where the foreign air transport enterprise is situated has reached an agreement on mutual exemption of visas with China, he shall go through the formalities according to the agreement. Article 22. To apply for altering the chief representative of a representative office, the foreign air transport enterprise shall submit the following materials to the CAAC: (1) an application form signed by the legal representative of the foreign air transport enterprise; (2) a letter of attorney signed by the legal representative of the foreign air transport enterprise; (3) a Registration Form for the Staff Members of Representative Offices of Foreign Air Transport Enterprises in duplicate as filled in by the person to be appointed; and (4) a photocopy of the valid travel certificate of the person to be appointed. To apply for altering a representative, the representative office of a foreign air transport enterprise shall submit the following materials to the CAAC: (1) an application form signed by the chief representative of the representative office of the foreign air transport enterprise; (2) a letter of attorney signed by the legal representative of the foreign air transport enterprise; (3) a Registration Form on the Staff Members of Representative Offices of Foreign Air Transport Enterprises in duplicate as filled in by the person to be appointed; and (4) a photocopy of the valid travel certificate of the person to be appointed. CHAPTER IV SUPERVISION AND ADMINISTRATION OF REPRESENTATIVE OFFICES Article 23. The CAAC shall, according to the Interim Provisions on the Administration of Permanent Representative Offices of Foreign Enterprises, these Administrative Measures and other relevant laws and regulations, carry out the administration, supervision and inspection of the business operations of the representative offices of foreign air transport enterprises together with the relevant departments. Article 24. A foreign air transport enterprise shall assume the legal liabilities for all the business operations that are carried out by its representative offices within the territory of the People's Republic of China. Article 25. In case a representative office violates the laws or regulations of the People's Republic of China or these Administrative Measures, the CAAC shall impose administrative sanctions on it within the scope of its authorities and in light of the severity of the circumstances. CHAPTER V SUPPLEMENTARY PROVISIONS Article 26. The applications of foreign air transport enterprises for assigning permanent representatives to the People's Republic of China shall be governed by these Administrative Measures by analogy. The applications of foreign air transport services security enterprises for establishing representative offices within or assigning permanent representatives to the People's Republic of China shall be governed by these Administrative Measures by analogy. Article 27. The time limits prescribed in these Administrative Measures shall be the working days, and exclude statutory holidays. Article 28. These Administrative Measures shall come into force 30 days after the date of promulgation. The Notice on Implementing the Interim Provisions on the Administration of Permanent Representative Offices of Foreign Enterprises (No. 399 [80] of the Civil Aviation Administration of China) circulated on December 4, 1980 shall be simultaneously repealed. |
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