catalogue
Chapter I General Provisions
Chapter II Certification Institutions for Sales Agents' Qualification
Chapter III Qualification Conditions for Sales Agents
Chapter IV Procedures for Determining the Qualification of Sales Agents
Chapter V Management of Qualification Accreditation Certificates
Chapter VI Supervision and Inspection
Chapter VII Handling of Violations
Chapter VIII Transitional Provisions
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 In order to strengthen the self-discipline management of air transport sales agency activities and promote the healthy and orderly development of air transport sales market, these Measures are formulated in accordance with the Articles of Association of China Air Transport Association and the Notice of the General Administration of Civil Aviation of China on the Transfer of Air Transport Sales Agency Qualification (No.[2006]141of the General Administration of Civil Aviation).
Article 2 The term "sales agency enterprise" as mentioned in these Measures refers to an enterprise legal person who has obtained the Qualification Certificate of China Civil Air Transport Sales Agency Business issued by China Air Transport Association (hereinafter referred to as "China Air Transport Association"), accepted the entrustment of air transport enterprises, and engaged in sales agency activities within the entrusted business scope according to the sales agency contract signed by both parties.
The term "sales agency activities" as mentioned in these Measures refers to the sales agency business activities of air passenger transport and cargo transport in the name of a sales agency enterprise with a qualification certificate within the sales business scope entrusted by an air transport enterprise.
Article 3 These Measures shall apply to the air transport sales agency activities entrusted by civil air transport enterprises established in People's Republic of China (PRC).
Foreign air transport enterprises shall abide by these Measures when entrusting sales agents to engage in sales agency activities within the territory of People's Republic of China (PRC).
These Measures are not applicable to air transport enterprises that engage in the management of air transport sales activities in their own names for the purpose of air transport marketing.
Article 4 China Airlines Association shall perform the qualification accreditation function of air transport sales agents according to law, and have the right to issue, renew, change and cancel the qualification accreditation certificate, and supervise and manage the sales agents who have obtained the qualification accreditation certificate.
Article 5 A sales agency enterprise engaged in air transport sales agency activities shall obtain the qualification accreditation certificate issued by China Airlines Association.
No unit or individual who has not obtained the qualification certificate may engage in air transport sales agency business activities.
Air transport enterprises (including foreign air transport enterprises) must choose their own agents from the sales agents recognized by China Air Transport Association to engage in the entrusted sales of their own enterprises.
Article 6 The China Air Transport Association shall follow the principles of openness, fairness and impartiality in determining the qualifications of sales agents and its supervision and management.
Sales agency enterprises engaged in sales agency activities shall follow the principles of convenience, honesty and fair competition, and abide by national laws and regulations and industry norms formulated by CAAC.
Chapter II Certification Institutions for Sales Agents' Qualification
Seventh China Airlines Association is responsible for the national civil air transport sales agent qualification accreditation.
The regional representative office (hereinafter referred to as the "regional representative office") implements the qualification accreditation of local sales agents within the scope authorized by CAAC, is responsible for accepting the application for the qualification accreditation of local sales agents, and supervises and manages the business activities of local sales agents.
Article 8 China Airlines Association shall perform the following duties:
(a) to formulate and publish the working procedures, charging items and standards for the qualification of sales agents;
(2) Accepting and examining applications for accreditation;
(three) the issuance, renewal, alteration and cancellation of qualification certificates;
(four) to supervise and inspect the qualification, entrusted situation, service quality and business norms of the sales agency;
(five) to identify and manage the qualifications of institutions that train employees of sales agency enterprises;
(six) the implementation of air transport ticket management;
(seven) to standardize the guarantee or insurance matters in the sales agency business activities;
(eight) to accept and deal with complaints about sales agency business activities;
(nine) to investigate, deal with and punish the illegal acts in the sales agency activities;
(ten) other necessary functions related to qualification management.
Article 9 In order to safeguard the interests of the air transport industry and promote fair competition, China Air Transport Association may adjust and control the qualifications of sales agents according to the development of the air transport market. When necessary, CAAC can stop accepting applications for sales agent qualification within a certain period of time.
Chapter III Qualification of Sales Agents
Article 10 Sales agent qualifications are divided into first-class air transport sales agent qualifications and second-class air transport sales agent qualifications.
A class of air transport sales agent qualification refers to the qualification of civil air passenger and freight sales agent operating international routes or routes in Hongkong, Macau and Taiwan Province provinces.
Category II air transport sales agent qualification refers to the civil air passenger and freight sales agent qualification for domestic routes other than Hongkong, Macau and Taiwan Province Province.
These Measures shall not apply to the qualification of air transport sales agent for dangerous goods.
Article 11 An enterprise applying for the qualification of sales agent shall obtain the Business License of Enterprise as a Legal Person registered by the administrative department for industry and commerce according to law.
Article 12 The registered capital of an enterprise applying for a qualification certificate shall meet the following requirements:
(a) engaged in a class of air transport sales agency business, the paid-in registered capital shall not be less than RMB 6.5438+500,000 yuan;
(two) engaged in second-class air transport sales agency business, the paid-in registered capital should be not less than 500 thousand yuan.
Thirteenth Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures established in People's Republic of China (PRC) according to law may apply for the qualification of first-class passenger transport, freight transport and second-class freight sales agents, and the proportion of foreign investment shall comply with the provisions of relevant state laws and regulations.
A foreign-capital enterprise shall not establish a wholly-owned sales organization or engage in sales agency business.
Enterprises in Hongkong, Macau and Taiwan Province Province apply for the qualification of sales agent, and their investment proportion shall be implemented in accordance with the relevant provisions of the state.
Article 14 An enterprise applying for a qualification certificate shall meet the following conditions:
(a) meet the conditions stipulated in Article 12 and Article 13 of these Measures;
(two) at least three employees who have obtained the corresponding air transport sales agency business qualification certificates;
(3) Having a fixed and independent business place;
(4) Having telecommunication equipment and other necessary business facilities;
(5) Other necessary conditions stipulated by China Air Transport Association.
Article 15 Every time a sales agency applies for establishing a branch, it must increase its registered capital by 500,000 yuan, and have at least three qualified air transport sales agents and other conditions required by these Measures.
Article 16 Enterprises or units that are prohibited or restricted from investing in the sales agency industry by national laws and regulations shall not engage in sales agency activities.
Chapter IV Procedures for Determining the Qualification of Sales Agents
Seventeenth China Airlines Association and its regional representative offices to implement qualification accreditation matters, including the application form, application conditions, procedures, accreditation period, etc., should be announced to the public.
Article 18 To apply for the qualification of sales agent, the Application Form for the Qualification of Air Transport Sales Agent uniformly formulated by China Airlines Association shall be used.
Article 19 An application for the accreditation of Class I and Class II air transport sales agents shall be submitted to a regional representative office, which shall conduct a preliminary examination.
After the application for accreditation is approved by the regional representative office in the first instance, it shall be submitted to the China Aviation Association for review, and the China Aviation Association shall decide whether to grant the qualification accreditation certificate.
Article 20 To apply for the qualification of air transport sales agent, the following documents and materials shall be submitted:
(a) an application form for the qualification of air transport sales agents;
(2) The original (photocopy) and photocopy of the articles of association and business license of the enterprise;
(3) Capital verification report or recent audit report;
(4) economic guarantee certificate (including the business license and credit certificate of the guarantee enterprise as a legal person);
(5) Copy of ID card and resume of the legal representative or principal responsible person of the enterprise;
(6) A list of telecommunication equipment and business facilities, and documents certifying the domicile and business premises of the enterprise (including detailed address, copy of the property right certificate or lease contract of the office premises, and photos inside and outside the premises). To apply for the qualification of freight sales agent, it shall also provide the certificate of the place where the goods are stored;
(7) Qualification certificates and photocopies of at least three sales agents;
(eight) the shareholder investment agreement signed by the enterprise investor and the business license (photocopy) of each shareholder or the identity certificate of a natural person;
(8) Other necessary documents and materials.
Article 21 An applicant for the qualification of air transport sales agent shall ensure that the application documents or materials provided by him are true, lawful and effective.
Article 22 After receiving the application for the qualification of air transport sales agent, the regional representative office shall, within 5 working days, review whether the application documents or materials are complete and make a decision on whether to accept it.
If the application materials are complete, it shall make an acceptance decision and issue a written certificate.
If the application materials are incomplete, the applicant shall be informed of all the contents that need to be supplemented at one time.
Article 23 If the materials examined are complete and meet the requirements of these Measures, the regional representative office shall make a decision on the approval of the preliminary examination within 15 working days from the date of acceptance, and report it to CAAC for review within 5 working days from the date of making the decision.
China Airlines Association shall make a reexamination decision within 15 working days from the date of receiving the preliminary examination materials, and make qualification certificates and relevant licenses.
If the applicant does not meet the qualification requirements of sales agent, the regional representative office shall make a decision of disapproval within 15 working days, inform the reasons for disapproval, and return the application materials. If the applicant disagrees with the decision not to approve, he has the right to apply to China Air Transport Association for reconsideration, and the reconsideration decision is the final decision of China Air Transport Association.
Twenty-fourth qualification certificate is valid for three years.
Twenty-fifth in line with the provisions of article fifteenth of these measures, you can apply for the establishment of branches.
The branch does not have independent legal person status, and the sales agent shall bear legal responsibility for all business activities of the branch.
Twenty-sixth sales agency enterprises to set up branches, should apply for a separate sales agency enterprise qualification certificate.
When applying for the establishment of a branch, a sales agency shall submit the following documents and materials:
(1) An application form for establishing a branch;
(2) Business license of enterprise as a legal person and business license of branches;
(three) a copy of the qualification certificate;
(4) Where a branch is established across regions, the written opinions of the original regional representative office shall be provided;
(5) A list of telecommunication equipment and business facilities, and documents certifying the domicile and business premises of the enterprise (including detailed address, a copy of the property right certificate or lease contract of the office premises, and photos inside and outside the premises). To apply for the qualification of freight sales agent, it shall also provide the certificate of the place where the goods are stored;
(6) The post-holding documents of the person-in-charge of the branch and copies of the qualification certificates of at least three sales agents in corresponding positions;
(seven) other necessary documents and materials.
Article 27 The relevant provisions of this chapter shall apply to the procedures for accepting, examining and deciding the application for establishing a branch.
Twenty-eighth without obtaining the qualification certificate issued by the China Airlines Association, sales agency activities may not be carried out through the Internet.
If a sales agency chooses the Internet to carry out sales agency business activities, it shall file with CAAC in accordance with the following matters:
(1) The name and domain name of the Internet website;
(two) the nature of the website, the scope of application and the required host address;
(3) Detailed information of the server or proxy server and other written materials.
Sales activities carried out through the Internet shall comply with national laws, regulations and relevant provisions of the industry.
Chapter V Management of Qualification Accreditation Certificates
Twenty-ninth air transport sales agency registered items change, it shall promptly notify the China Airlines Association, and apply for the change of qualification certificate related matters.
In case of any of the following changes to the qualification accreditation certificate, an application for change shall be submitted to the regional representative office for review within 30 working days from the date of making the change decision:
(a) the name of the enterprise;
(2) Business address;
(3) Legal representative.
Thirtieth without the approval of the China Airlines Association, the sales agency shall not change the matters recorded in the qualification certificate without authorization.
When the proportion of investment shareholders and their shares of a sales agent enterprise changes, it shall be filed with the representative office of China Airlines Association in the region.
Article 31 Where a sales agency applies to change the name, business address and legal representative of a regional representative office, it shall submit an application for change and relevant documents. The relevant provisions of Chapter IV shall apply to the procedures for acceptance, examination and decision of change applications.
If the submitted materials are complete and conform to the provisions of these Measures, the China Air Transport Association shall make changes and issue a new qualification certificate.
Article 32 China Aviation Association shall conduct annual inspection on the qualification of sales agents, and the annual inspection time shall be from March/KLOC-0 to June 30th every year.
The annual inspection focuses on the following matters:
(a) the validity period of the qualification certificate;
(2) Changes of registered items;
(3) Qualification certificates of employees;
(4) sales situation.
Article 33 When applying for annual inspection, a sales agency shall submit the original qualification certificate, the original business license of an enterprise as a legal person that has passed the annual inspection by the industrial and commercial department, the qualification certificates of all employees, sales volume and other necessary materials to the regional representative office for annual inspection.
Article 34 If a sales agency enterprise passes the annual inspection, the regional representative office shall affix the special seal for annual inspection on its qualification certificate.
Thirty-fifth sales agents in any of the following circumstances, the China Airlines Association may make a decision not to pass the annual inspection:
(a) no longer meet the standards and conditions stipulated in these measures;
(2) Failing to go through the formalities for changing matters related to the qualification certificate in accordance with the provisions of these Measures;
(3) Having been disciplined and punished by administrative organs and China Air Transport Association for more than two times during the year;
(4) Repeated illegal sales during the year, which were repeatedly complained by air transport enterprises, passengers and shippers, and were verified by verification;
(five) there are other serious violations of laws or regulations.
Article 36 A sales agent shall apply to the regional representative office for replacement 30 days before the expiration of the qualification certificate.
If the applicant fails to apply within the time limit without justifiable reasons, the China Airlines Association will cancel its qualification certificate.
Article 37 When applying for renewal of qualification certificate, a sales agency shall submit the following documents and materials:
(1) an application;
(2) Resumes, copies of ID cards, capital verification reports or recent audit reports of the legal representative and principal responsible person of the enterprise;
(3) Qualification certificates of employees;
(four) a copy of the annual inspection of the industrial and commercial business license stamped with the official seal;
(five) the original qualification certificate;
(6) Other necessary documents and materials.
Thirty-eighth qualification certificate renewal procedures, the relevant provisions of the fourth chapter of these measures.
Article 39 If a sales agency enterprise no longer engages in sales agency business due to separation, merger, cancellation or bankruptcy according to law, it shall apply to the regional representative office for cancellation and submit its qualification certificate in time.
If the sales agent qualification certificate is cancelled or the certificate is invalid, the air transport enterprise shall immediately terminate the air transport sales agency contract signed with it.
Article 40 If the Qualification Certificate is lost for any reason, the sales organization shall apply to the regional representative office for a replacement.
Chapter VI Supervision and Inspection
Article 41 The staff members of China Air Transport Association and its representative offices shall be conscientious, honest and trustworthy, fair and impartial, provide enthusiastic service and accept social supervision.
Sales agents shall, in accordance with the service quality standards of the civil aviation industry and the business norms of air transport enterprises, prevent mistakes, put an end to potential safety hazards, provide civilized services, and consciously accept the supervision and inspection of CAAC.
Article 42 A sales agent shall not forge, alter, lease, resell, buy or sell or transfer the qualification certificate.
Article 43 When a sales agency engages in sales agency business activities, it shall place the sales agency license and business license in a prominent position in the business premises, and place the qualification certificate of employees in the business premises for inspection.
Article 44 A sales agency enterprise shall truthfully record and keep the relevant information of passengers and shippers in sales agency activities in accordance with regulations, and shall not print and use tickets in violation of state regulations by itself.
Article 45 A sales agency enterprise shall not engage in sales agency activities beyond the business scope specified in the qualification certificate.
Article 46 A sales agent shall not fill in unqualified transport documents by improper means for the purpose of seeking illegal benefits.
Forty-seventh sales agency enterprises shall not transfer the transport documents to other enterprises, units or individuals for sale, or carry out sales agency activities outside the business address specified in the qualification certificate.
Forty-eighth sales agents shall not provide data access to civil aviation computer systems for enterprises, units and individuals that have not obtained qualification accreditation certificates.
Article 49 A sales agent shall not violate the sales rules and damage the legitimate rights and interests of air transport enterprises, other sales agents, passengers and shippers.
Article 50 A sales agency enterprise shall not, by virtue of its monopoly position in the market, manipulate market prices and harm the legitimate rights and interests of other operators or consumers.
Article 51 A sales agency shall not dump at a price lower than the cost or reduce the price in disguised form by other means for the purpose of crowding out or harming competitors.
Chapter VII Handling of Violations
Article 52 If the staff of CAAC violates the relevant provisions of these Measures on handling accreditation matters, and issues qualification accreditation certificates to applicants who do not meet the prescribed conditions, or refuses to issue qualification accreditation certificates to applicants who meet the prescribed conditions, CAAC shall order them to make corrections and hold them accountable.
In the process of sales agent qualification recognition, those who ask for or accept other people's property or seek illegitimate interests shall be investigated for their legal responsibilities according to law.
Fifty-third in violation of the provisions of article twenty-first, providing false materials, has not yet obtained the qualification certificate, the applicant shall not apply again within one year; If the qualification certificate has been obtained, the qualification certificate shall be revoked.
Fifty-fourth in violation of the provisions of article twenty-eighth, through the Internet sales do not meet the requirements, the China Airlines Association can be ordered to correct; Refuses to correct, cancel its qualification certificate.
Article 55 In violation of the provisions of Article 29 and Article 30 of these Measures, if the certificate items are changed without authorization or the CAAC is not notified in time after the change of industrial and commercial registration, CAAC may give a warning, order it to make corrections or informed criticism; Refuses to correct, cancel its qualification certificate.
Fifty-sixth in violation of the provisions of article thirty-fifth, failed to pass the annual inspection, China Airlines Association shall order it to make corrections within a time limit; Refuses to correct, cancel its qualification certificate.
Fifty-seventh in violation of the following provisions, the China Airlines Association shall give a warning and order it to correct; Refuses to correct, cancel its qualification certificate:
(1) Forging, altering, leasing, trading or transferring the qualification certificate in violation of the provisions of Article 42 of these Measures;
(two) in violation of the provisions of article forty-third, not according to the provisions of the suspension number plate;
(three) in violation of the provisions of article forty-fourth, the relevant information is not kept truthfully, and the tickets and receipts are printed and used in violation of state regulations.
Fifty-eighth in violation of the following provisions, the China Airlines Association shall give a warning or informed criticism; If the circumstances are serious, the qualification certificate shall be withheld for more than one month and less than three months; Refuses to correct, cancel its qualification certificate:
(a) in violation of the provisions of Article 45, beyond the scope of business;
(two) in violation of the provisions of article forty-sixth, fill in the transport documents that do not meet the requirements;
(three) in violation of the provisions of article forty-seventh, the business premises are transferred to others for sale or foreign sale;
(four) in violation of the provisions of article forty-eighth, illegal access to information;
(five) in violation of the provisions of article forty-ninth, illegal sales;
(six) in violation of the provisions of article fiftieth of these measures, manipulating market prices;
(seven) in violation of the provisions of article fifty-first of these measures, dumping at a price lower than the cost or taking other means to reduce the price in disguise.
Article 59 CAAC may make a decision to lower the credit rating of an enterprise according to the circumstances of the violation of the sales agency. If the circumstances are serious enough to constitute a crime, CAAC may transfer it to an administrative organ or judicial organ for handling according to law.
Chapter VIII Transitional Provisions
Article 60 The sales agency business approval certificate issued by the civil aviation administrative organ can be used continuously within its validity period. Sales agency business approval certificate expires 30 days ago, the sales agency enterprise shall apply to China Airlines Association for renewal of qualification approval certificate.
After the expiration of the "Sales Agency Business Approval Certificate", if the sales agency enterprise fails to renew the certificate, its sales agency qualification will automatically become invalid.
If a sales agency is willing to change its qualification certificate in advance within the validity period of the business approval certificate, CAAC can handle the corresponding procedures for it.
Article 61 The sales agent training certificate issued by the training institution recognized by the civil aviation administrative organ may continue to be used within its validity period.
The measures for the examination and approval of the training institutions for employees of sales agents by China Aviation Association, and the examination and approval of training programs and training materials shall be formulated and published separately.
Chapter IX Supplementary Provisions
Article 62 The China Aviation Association may, according to the changes in booking and sales methods, formulate and issue corresponding management measures in a timely manner.
Article 63 CAAC shall perform the function of determining the qualification of sales agents according to law, and shall not bear any joint liability for the losses caused by illegal business practices of sales agents.
Article 64 The right to interpret these Measures belongs to China Air Transport Association.
Article 65 These Measures shall be implemented as of March 36, 2006.