Provisions on domestic investment in civil aviation industry

Chapter I General Provisions Article 1 In order to regulate domestic investors' investment in the civil aviation industry, these Provisions are formulated in accordance with the Civil Aviation Law of People's Republic of China (PRC) and other state laws and administrative regulations. Article 2 Encourage and support domestic investors to invest in the civil aviation industry, and promote the rapid and healthy development of the civil aviation industry.

Domestic investors investing in the civil aviation industry should be conducive to consolidating and developing the public sector of the economy, encouraging, supporting and guiding the development of the non-public sector of the economy, and upholding and improving the basic economic system in which the public sector is the mainstay and various forms of ownership develop together.

Domestic investors should invest in the civil aviation industry in line with the national and civil aviation industry development policies, which is conducive to promoting fair and orderly competition. Article 3 These Provisions shall apply to domestic investors who invest in the civil aviation industry.

Domestic investors mentioned in these Provisions include state-owned investors and non-state-owned investors.

State-owned investors refer to governments at all levels and their authorized state-owned assets investment institutions, wholly state-owned or state-controlled enterprises and other state-owned economic organizations.

Non-state-owned investors refer to collective enterprises, private enterprises, other non-state-owned economic organizations and individuals.

The civil aviation industry mentioned in these Provisions includes the following fields:

Public air transport;

(2) General aviation;

(3) Civil airports, including civil transport airports and general aviation airports;

(4) Air traffic management system;

(5) Projects related to civil aviation activities, including aviation fuel sales, storage and filling, aircraft maintenance, freight warehousing, ground services, aviation food production and sales, parking lot management, passenger and cargo sales agents, computer reservation system services, aviation settlement and other related projects. Article 4 The General Administration of Civil Aviation of China (hereinafter referred to as the General Administration of Civil Aviation) and the Regional Administration of Civil Aviation (hereinafter referred to as the Regional Administration) shall supervise and administer domestic investors' investment in the civil aviation industry.

While relaxing investment access, the civil aviation industry gives equal treatment to the management policies of various civil aviation enterprises. Chapter II Investment Access Article 5 State-owned investors and non-state-owned investors may invest in the civil aviation industry individually or jointly. However, if there are clear restrictions in this provision, it shall meet its requirements. Article 6 Public air transport enterprises that need special management for domestic investment shall maintain state-owned holding or state-owned relative holding. Among them, the state-owned relative holding should be controlled by a single state-owned investor and its holding enterprise. Article 7 Civil transport airports are public infrastructure, and domestic investors are encouraged to make diversified investments. However, international hubs and regional hubs (hereinafter referred to as hub airports) and strategic civil transport airports (hereinafter referred to as strategic airports) included in the civil aviation development plan shall remain wholly state-owned, state-controlled or relatively state-controlled. Among them, the state-owned relative holding should be controlled by a single state-owned investor and its holding enterprise. Article 8 The construction or operation of a civil transport airport in the form of cooperation between government and social capital shall comply with the relevant provisions of the state on cooperation between government and social capital. Kujou Hajime First Civil Transport Airport, aviation fuel sales, storage, transportation and filling enterprises, computer reservation system service enterprises and their affiliated enterprises invest in public air transport enterprises other than all-cargo airlines, and the investment ratio shall not exceed 5%.

The enterprises mentioned in the preceding paragraph and their affiliated enterprises shall not invest in all-cargo airlines.

The affiliated enterprises mentioned in the preceding two paragraphs do not include public air transport enterprises. Tenth public air transport enterprises and their affiliated enterprises to invest in the hub airport or its terminal, the investment ratio shall not exceed 25%, and shall not be relatively controlled.

Public air transport enterprises can invest in the construction, operation, ownership or lease of special terminals and aprons at airports with terminals and aprons available, but they must conform to the overall airport planning. Article 11 Hub airports and their affiliated enterprises shall invest in aviation fuel sales, storage, transportation and filling enterprises and their facilities in the airport, and the investment ratio shall not exceed 25%, and they shall not be relatively controlled.

In a hub airport, when an airport has only one aviation fuel sales, storage, transportation and filling enterprise, public air transport enterprises and their affiliated enterprises shall invest in the aviation fuel sales, storage, transportation and filling enterprise and its facilities, and the investment ratio shall not exceed 25%, and they shall not be relatively controlled. If there are already aviation fuel sales, storage, transportation and filling enterprises in the airport, public air transport enterprises and their affiliated enterprises will invest in or participate in other aviation fuel sales, storage, transportation and filling enterprises, and they will not be limited by the investment ratio.

The airport aviation fuel storage, transportation and filling facilities mentioned in the preceding two paragraphs refer to special aviation fuel unloading stations, off-site and on-site aviation fuel storage depots, off-site aviation fuel pipelines, apron aviation fuel pipelines, aviation fuel transport vehicles, filling vehicles, apron refueling systems and aviation gas stations. Article 12 The air traffic management system is mainly invested by the central government. The air traffic management department shall not invest in other civil aviation fields outside the air traffic management system. Article 13 Directors and senior managers of public air transport enterprises shall not concurrently serve as senior managers of civil transport airports. Directors and senior managers of civil transport airports shall not concurrently serve as senior managers of public air transport enterprises.