民用航空运输销售代理业管理规定 PROVISIONS FOR THE ADMINISTRATION OF CIVIL AIR TRANSPORT SALES AGENCIES

sport 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 appro

val 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 agen

t.

　　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

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