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Civil Aviation Law of China (2018)

民用航空法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Dec 29, 2018

Effective date Dec 29, 2018

Validity status Valid

Scope of application Nationwide

Topic(s) Transportation and Traffic Law

Editor(s) C. J. Observer

The Civil Aviation Law was promulgated in 1995, and amended in 2009, 2015, 2016, 2017 and 2018 respectively. The latest revision entered into force on December 29, 2018.

There are 215 articles in total.

The key points are as follows:

1.The air space above the territorial land and waters of the People’s Republic of China (Article PRC) is the territorial sky of PRC, which enjoys complete and exclusive sovereignty over its airspace.(Article 2)

2.The department in charge of civil aviation under the State Council (Article CAA) exercises overall surveillance and administration over civil aviation activities throughout the country.

2.Civil aircraft refer to aircraft other than those used for flying mission of military, customs and police operations.(Article 5)

3.The acquisition, transference and disappearance of ownership of civil aircraft should be registered with CAA. The unregistered ownership may not counter the third party.(Article 14)

4.Civil aircraft of PRC nationality should have the certificate of airworthiness issued by CAA before they can be put on flight. (Article 37)

5.Aviation personnel should pass examinations of special training and obtain licenses issued by CAA before they can do the work specified in their licenses.(Article 40)

6.The planning of the distribution and construction of civil airports throughout the country is to be formulated by CAA in cooperation with other departments of the State Council which will organize its implementation after seeking approval in accordance with the State specified procedures. Civil airport construction plans should fit in with city construction plans. (Article 54 and 55)

7.The State exercises unified control over the airspace. Detailed measures for airspace control will be formulated by the State Council and the Central Military Commission.(Article 70 and 72)

8.Civil aircraft must first obtain the permission of the air traffic control unit in order to conduct flights within controlled airspace.(Article 74)

9.The limits on liability for compensation for domestic air transport carriers will be determined by the State Council department in charge of civil aviation and will be promulgated and implemented upon approval by the State Council.(Article 128)

10.The limits on liability for compensation for international air transport carriers will be implemented in accordance with the following stipulations:

(1) The limit on liability for compensation for each passenger is 16,600 calculation units. However, the passenger and the carrier may agree in writing on a higher limit on liability for compensation than that stipulated here.

(2) The limit on liability for compensation for consigned luggage or cargo is 17 calculation units to every kilogram.

(3) The limit on liability for compensation for articles carried by each passenger is 332 calculation units. (Article 129)

11.Foreign civil aircraft can only fly into and out of the territorial airspace of the People’s Republic of China or fly and land within the territory of the People’s Republic of China on the condition that they observe the provisions of treaties and agreements signed between the countries of their nationality registration and the government of the People’s Republic of China, or that they have obtained permission or approval from the State Council department in charge of civil aviation of the People’s Republic of China.(Article 174)

12.The operator of foreign civil aircraft will not be permitted to engage in any air transport business between two places within the territory of the People’s Republic of China.(Article 182)

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