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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ORGANS AND PERSONNEL IMPLEMENTING ADMINISTRATIVE INSPECTION CHAPTER III IMPLEMENTATION OF ADMINISTRATIVE INSPECTION CHAPTER IV MANDATORY MEASURES IN THE ADMINISTRATIVE INSPECTION CHAPTER V SUPERVISION OVER ADMINISTRATIVE INSPECTION AND LEGAL LIABILITIES THEREOF CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. With a view to regulating the administrative inspection acts of civil aviation administrative organs, and ensuring the administration of civil aviation administrative organs by law, and maintaining the lawful rights and interests of citizens, legal persons, and other organizations, the present Rules are formulated in accordance with the Civil Aviation Law of the People's Republic of China, Work Safety Law of the People's Republic of China, and the provisions of relevant state laws and regulations. Article 2. The administrative inspection mentioned in the present Rules shall refer to the acts of civil aviation administrative organs and the organizations and individuals entrusted by them, as well as the organizations authorized by laws and regulations to inspect and know the citizens, legal persons, or other organizations that undertake civil aviation activities in accordance with the provisions of state laws, regulations, and civil aviation rules, and master their observance of relevant laws, regulations, and rules, and urge them to fulfill their obligations. The present Rules shall be applied to the various administrative inspections conducted on citizens, legal persons, or other organizations that undertake civil aviation activities, unless there are different provisions in any law or regulation. Article 3. The principle of abiding by law, openness, convenience for the people, and reasonableness shall be followed for the administrative inspection. Article 4. The administrative law enforcement handbooks mentioned in the present Rules shall refer to the work directory documents compiled by Civil Aviation Administration of China (hereinafter "CAAC") for satisfying the need of administrative licensing, administrative inspection, administrative punishment, and industrial administration conducted by civil aviation supervisors of China (hereinafter referred to the supervisors). CHAPTER II ORGANS AND PERSONNEL IMPLEMENTING ADMINISTRATIVE INSPECTION and the Functions Thereof Article 5. The civil aviation administrative organs shall make inspection on the following activities: (1) Civil aviation activities to which administrative license shall be granted by the civil aviation administrative organs according to law; (2) Civil aviation activities that shall not be subject to the license by civil aviation administrative organs, but shall be supervised by the civil aviation administrative organs according to law; and (3) Other civil aviation activities that shall be subject to industrial administration by civil aviation administrative organs. Article 6. The following civil aviation administrative organs shall exercise corresponding administrative inspection rights independently in their own names according to the provisions of state laws, regulations, and rules. (1) CAAC; (2) Regional administrations of CAAC. Article 7. CAAC shall formulate administrative inspection rules and systems, give guidance to and supervise the administrative inspection work of each regional administration and civil aviation safety supervision and administration office (hereinafter referred to the regulatory office). CAAC may organize to implement special administrative inspection on special matters countrywide. Article 8. The regional administrations of CAAC shall formulate and implement measures for the implementation of administrative inspection regulations and systems of CAAC, and organize and give guidance to the regulatory offices to carry out administrative inspection within their own jurisdictions. The regional administrations of CAAC may organize the implementation of special administrative inspection on special matters within their own jurisdictions. Article 9. The regulatory offices shall carry out administrative inspection according to the division of work and authorization of regional administrations of CAAC they are subordinate to. Article 10. In case there is any dispute between regional administrations of CAAC on the scope of administrative inspection or inspection matters, it shall be determined by CAAC. The regional administrations of CAAC, regulatory offices and the supervisors thereof may, under the clear authorization of the superior organs, implement administrative inspection tasks by crossing the jurisdictions. Article 11. Unless there is clear authorization by any law or regulation, the Air Traffic Management Bureau of CAAC shall, according to the division of work and entrustment of CAAC, organize and carry out administrative inspection in the name of CAAC. Each regional Air Traffic Management Bureau shall, according to the division of work and entrustment of the regional administration of CAAC it is subordinate to and the arrangements of Air Traffic Management Bureau of CAAC, carry out administrative inspection in the name of the regional administration of CAAC. The relevant provisions of the present Rules concerning the civil aviation administrative organs and the supervisors thereof shall be applicable to Air Traffic Management Bureau of CAAC, each regional Air Traffic Management Bureau and the supervisors thereof. Article 12. The functional departments of the civil aviation administrative organs shall undertake the handling of concrete administrative inspection matters in the name of their own organs, and shall not conduct administrative inspection in the name of the departments. Article 13. Any other organization that implements administrative punishment and other administration matters upon the entrustment of the civil aviation administrative organ shall carry out administrative inspection in the name of the entrusting organ according to the present Rules. Article 14. Except the civil aviation administrative organs and the organizations prescribed in Articles 6, 9, 11, and 13 of the present Rules, no other organization or individual may carry out administrative inspection with the contents of civil aviation industrial administration. Article 15. The staff members carrying out administrative inspection shall have the qualification of supervisors. Other staff members or professionals who do not have the qualification of supervisors may assist in the inspection under the guidance of the supervisors. Article 16. The supervisors shall carry out administrative inspection on the citizens, legal persons, or other organizations that undertake civil aviation activities according to law, and exercise the following powers: (1) Checking illegal acts; (2) Patrolling or inspecting the sites of civil aviation activities (including the certificates, materials, facilities, equipment, and aircrafts, and etc.) and the working process of civil aviation practitioners; (3) Interviewing or inquiring of the person in charge of the entity under inspection and other relevant personnel; (4) Picking up, making excerpts, reproducing, sealing up, or detaining the relevant materials or articles; (5) Sampling and obtaining evidence; (6) Bringing forward administrative punishment suggestions to the departments or organizations they are subordinate to or making on-site punishment according to law; and (7) Other powers prescribed by any law, regulation, or rule. Article 17. The supervisors shall, when discovering any defect in the existing laws, regulations and rules during the process of administrative inspection, bring forward proposals for making legislation on, amending, or repealing the said laws, regulations and rules to the department of policies and regulations of the civil aviation administrative organ at the corresponding level. Article 18. The staff members carrying out administrative inspection shall have the obligation to keep confidential the business secrets or personal privacy they know of in the administrative inspection, and shall not disclose them to others without permission. CHAPTER III IMPLEMENTATION OF ADMINISTRATIVE INSPECTION Article 19. When the civil aviation administrative organs organize to carry out administrative inspection, they shall compile administrative law enforcement handbooks, the contents of which shall include: the legal basis, contents of inspection, procedures for inspection, ways of inspection, relevant technical specifications, work schedule, and other contents believed necessary by civil aviation administrative organs. The inspection contents, procedures, ways, and technical standards thereof prescribed in the administrative law enforcement handbooks shall not violate the provisions of any state law, regulation, or rule. Article 20. Each functional department of CAAC and the Air Traffic Management Bureau of CAAC shall compile annual administrative inspection syllabus and other types of directory documents in respect of administrative inspection, so as to guide the regional administrations of CAAC to compile annual inspection plan. Each functional department of CAAC and the Air Traffic Management Bureau of CAAC shall, for the administrative inspection items concerning which the frequency of annual administrative inspection can be determined in the administrative inspection syllabus, bring forward request for the frequency of administrative inspection, so as to have it as the basis for regional administrations and regulatory offices to make administrative inspection plans. Article 21. The regional administrations of CAAC and the regulatory offices shall compile annual administrative inspection plans, which shall be implemented under the supervision of the persons in charge of the regional administrations of CAAC, and shall be put on archives by the departments of policies and regulations. The contents of the inspection plan shall include the task, target, scope, and ways of administrative inspection, time arrangement, responsible person, and other contents believed necessary by the regional administrations of CAAC and the regulatory offices. Article 22. Where the functional departments of regional administrations of CAAC, regional Air Traffic Management Bureaus, and regulatory offices believe there is necessity to change the administrative inspection plan, administrative inspection frequency or scope, they shall report to the persons in charge of their corresponding administrative organs for approval, and report to the departments of policies and regulations for archival filing. Article 23. The regulatory offices and supervisors shall conduct routine administrative inspection or special administrative inspection according to the administrative inspection plan or upon the approval of the persons in charge of the administrative organs at the corresponding level. Where the supervisors believe that the situation is urgent, and there is necessity to carry out administrative inspection activities immediately, they may conduct administrative inspection, and report the inspection conditions to the persons in charge of their own departments in a timely manner. Article 24. The supervisors shall, when conducting administrative inspection, show certificates of civil aviation supervisors of China, and inform the inspected of the matters of administrative inspection. Article 25. The citizens, legal persons, or other organizations that undertake civil aviation activities shall cooperate with the supervisors so that they may fulfill administrative inspection obligations according to law, and shall not refuse or obstruct their inspection. Article 26. The supervisors shall record the time, place, and contents of administrative inspection, and the problem discovered therein and the handling thereof into the inspection sheet according to the requirements of the administrative law enforcement handbooks, and shall have it signed by the supervisors or the inspected or the person-in-charge thereof. If the inspected or the person-in-charge thereof refuses to sign his/its name, the supervisors shall record it into the file. Article 27. In case the supervisors discover or suspect that the inspected has illegal acts during administrative inspection, they may register and keep in advance the relevant documents and materials or articles that may be lost or are difficult to obtain afterwards, and make a handling decision within 7 days. Article 28. The civil aviation administrative organs shall make the following handling on any problem discovered in the administrative inspection: (1) If it does not violate the law, but has hidden trouble or will imperil the rights and interests of others, the civil aviation administrative organs shall issue the letter of suggestions on rectification, and suggests the parties pay attention to it or make correction on it; (2) If it has violated the law, but the circumstance is light, the civil aviation administrative organs shall issue the notice of rectification, requesting the party to correct within a prescribed time limit; or (3) If it has violated the law, and shall be given administrative punishment according to laws, regulations, and rules, the civil aviation administrative organs shall implement administrative punishment in light of administrative punishment procedures. The civil aviation administrative organs shall trace the problems discovered in the inspection and urge the inspected to correct on schedule. CHAPTER IV MANDATORY MEASURES IN THE ADMINISTRATIVE INSPECTION Article 29. In case any civil aviation administrative organ discovers great hidden trouble of safety when conducting administrative inspection according to law, it shall take the following measures immediately: (1) For the hidden trouble of accidents discovered in the administrative inspection, it shall order the relevant citizen, legal person, or other organization to eliminate it immediately. If the security is unable to be assured before the great hidden trouble of accident is eliminated or during the process of elimination, it shall order the relevant citizen, legal person, or other organization to suspend the use of the relevant facilities and equipment, and shall detain the certificates and licenses of the relevant personnel, as well as order the relevant citizen, legal person, or other organization to stop production or business operations for the time being if necessary. After the hidden trouble of great accidents is eliminated, the use of relevant facilities and equipment and the production and business operations may not be assumed until after they are approved after examination; (2) It shall seal up or detain the facilities and equipment that do not comply with the laws, regulations, rules, or national or industrial standard for work safety, and make a decision on disposal within 15 days according to law; (3) It shall detain the certificates and licenses of the relevant personnel who violate the laws, regulations, rules, or national or industrial standard for work safety, and make a decision on disposal within 15 days according to law. Article 30. The administrative mandatory measures shall be implemented in light of the following provisions: (1) Except emergencies, the implementation shall be reported to the person in charge of the administrative organ at the corresponding level for approval; (2) A letter of determination on administrative mandatory measures shall be issued and signed and accepted by the parties concerned; (3) The measures shall be implemented by two or more supervisors; (4) The parties shall be informed of the facts, reasons, legal basis on the spot, and their rights, which shall be recorded in the on-site written records; and (5) The relevant evidence shall be collected and on-site written records shall be made. In case of conducting sealing up or detainment, a list of sealing up or detainment shall be made with the signature of the supervisors and the parties. Article 31. After a civil aviation administrative organ takes administrative mandatory measures, it shall implement administrative punishment in light of administrative punishment procedures on those that shall be given administrative punishment according to the provisions of laws, regulations, and rules, and urge the parties to correct their illegal acts. After the parties have corrected their illegal acts or eliminated the hidden troubles of accidents, the civil aviation administrative organs shall, upon the application of the parties, examine and confirm that they have corrected the illegal acts in accordance with the relevant laws, regulations, and rules or eliminated hidden troubles of accidents, and shall remove the administrative mandatory measures. Article 32. The civil aviation administrative organs shall, when removing the administrative mandatory measures, issue the letter of determination on removing administrative mandatory measures, which shall be signed and accepted by the parties. CHAPTER V SUPERVISION OVER ADMINISTRATIVE INSPECTION AND LEGAL LIABILITIES THEREOF Article 33. In case any citizen, legal person, or other organization believes that the civil aviation administrative organs or the supervisors thereof have infringed upon his/its lawful rights and interests in the administrative inspection, he/it shall have the right to make a complaint to the administrative organs at the corresponding level or the administrative organs at the higher level, and the administrative organs at the corresponding level or the administrative organs at the higher level shall make careful investigation and handling according to the relevant provisions. Article 34. In case any staff member who conducts administrative inspection has any of the following acts in the inspection work, and results in serious consequences, the department of administrative supervision at the corresponding level shall handle it according to law, and give administrative punishment correspondingly according to the relevant provisions, or investigate legal liabilities according to law: (1) Failing to report required and in a timely manner or disguising the illicit conditions of the inspected; (2)Violating the relevant provisions by failing to perform legal inspection functions, or conducting inspection acts by exceeding their power; (3)Conducting inspection acts in violation of the administrative inspection procedures prescribed in the present Rules; or (4) Implementing administrative mandatory measures in violation of legal procedures. Article 35. In case any staff member who implements administrative inspection violates the present Provisions, and discloses the business secrets or individual privacy of the inspected he knows of in the administrative inspection work to others, the administrative supervision department at the corresponding level shall investigate his administrative liabilities according to the relevant provisions, if it results in serious consequences, he shall be subject to legal liabilities according to law. Article 36. In case any citizen, legal person, or other organization that undertakes civil aviation activities refuses the administrative inspection implemented by the civil aviation administrative organ according to law or obstructs the fulfillment of administrative inspection duties by supervisors according to law, the civil aviation administrative organ shall give him/it a warning or a fine less than 30,000 Yuan according to the circumstances or the consequences it results in. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 37. The civil aviation administrative organs shall establish archives for administrative inspection in light of the administrative provisions on law enforcement files of civil aviation administrative organs, and put on files the document and materials formed or collected during administrative inspection. Article 38. The present Rules shall come into force as of March 20, 2006. |
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