There is also the "OrderNo. of the General Administration of Civil Aviation of China 138", that is, the Regulations on Business License of Public Air Transport Enterprises (CCAR-20 1).
"OrderNo. of Civil Aviation Administration of China 195" refers to the Rules for Examination and Approval of Operating Qualification of Large Aircraft Air Transport Carriers (CCAR- 12 1-R4).
These are all rules and regulations that must be observed, but they are not just those listed above.
CCAR-20 1 stipulates the establishment conditions and application procedures.
Chapter II Conditions for the Establishment of Public Air Transport Enterprises
Article 7 The establishment of a public air transport enterprise shall meet the following conditions:
(1) Having purchased or leased not less than 3 civil aircraft and meeting the relevant requirements;
(2) The main person in charge of the overall operation and management of the enterprise shall have the management ability of a public air transport enterprise, and the personnel responsible for professional and technical work such as flight and aircraft maintenance shall meet the requirements of corresponding civil aviation laws and regulations, and the legal representative of the enterprise shall be a citizen of China;
(3) Having professional and technical personnel meeting the requirements of civil aviation regulations;
(4) Not less than the minimum registered capital stipulated by the State Council;
(5) Having fixed business premises and equipment such as the base airport required for operation;
(6) Other necessary conditions as stipulated by CAAC.
Article 8 The establishment of public air transport enterprises by foreign investors shall meet the investment proportion and other requirements stipulated in the Regulations on Foreign Investment in Civil Aviation Industry.
Article 9 In any of the following circumstances, the CAAC shall not accept the application for establishing a public air transport enterprise:
(a) does not meet the provisions of Article 5 (1), (2) and (3);
(two) wet lease of civil aircraft of existing public air transport enterprises in China or foreign public air transport enterprises to build public air transport enterprises;
(3) Enterprises or units that are directly related to public air transport enterprises, such as civil airports, air traffic management, aircraft manufacturing, aviation fuel supply and civil aviation computer information, and may affect fair competition in the air transport market, set up public air transport enterprises independently or in violation of regulations;
(4) Failing to meet other conditions stipulated by CAAC.
Chapter III Business License Procedures for Public Air Transport Enterprises
Article 10 An applicant applying for the establishment of a public air transport enterprise shall submit the following documents and materials in triplicate:
(1) An application report for preparation;
(2) Proof of the investor's credit ability;
(3) A copy of the agreement (contract) signed by all investors and the business license (or registration certificate) of the enterprise as a legal person or the identity certificate of a natural person;
(four) the post approval and resume of the person in charge of the preparation;
(5) Notice of pre-approval of enterprise name;
(6) Other documents and materials as stipulated by CAAC.
Article 11 An application report for the establishment of a public air transport enterprise shall include the following contents:
(1) Market analysis of the airline to be operated;
(2) The model and source of the civil aircraft to be selected and the conditions of the base airport to be used;
(three) the source of professional and technical personnel and training channels;
(4) The business scope to be applied for.
Article 12 Where a Sino-foreign joint venture air transport enterprise is established, the applicant shall submit the project application report of the enterprise to be established and its approval documents in accordance with the relevant provisions of the state.
Article 13 An applicant applying for the establishment of a public air transport enterprise shall submit the application materials to the Regional Civil Aviation Administration for preliminary examination. After receiving the applicant's application materials, the Regional Civil Aviation Administration will publish them on the website of the Civil Aviation Administration (www.CAAC.GOV.CN) for the applicant, interested parties and the public to consult and put forward their opinions. Interested parties and the public have opinions, which shall be put forward within 10 working days from the date of online publication.
The regional civil aviation administration shall, within 20 working days from the date of receiving the application materials of the applicant, put forward the preliminary examination opinions and submit them to the CAAC together with the application materials.
Article 14 If there is no major objection to the applicant's application for the establishment of a public air transport enterprise, the CAAC shall make a preliminary decision to approve the establishment within 10 working days from the date of accepting the application, and publish it on the CAAC website for the applicant, interested parties and the public to consult and make comments. The CAAC shall make a decision on whether to approve the preparation within 20 working days from the date of accepting the application.
If there is a major objection to the applicant's application for preparation, and the applicant or interested party requests a hearing, the Civil Aviation Administration will organize a hearing according to regulations. According to the results of the hearing, the CAAC made a preliminary decision on whether to approve the preparation, and published it on the CAAC website for the applicants, interested parties and the public to consult and make comments. If the applicant, interested parties and the public have any comments, they should put forward them within 10 working days from the date of online publication. The CAAC shall make a decision on whether to approve the preparation according to the situation of soliciting opinions.
Article 15 The Civil Aviation Administration of China shall, within 65,438+00 working days from the date of making the decision, serve the decision on approving the establishment and make an announcement.
If the preparatory establishment is not approved, it shall notify the applicant in writing within 10 working days from the date of making the decision, explain the reasons, and inform the applicant that he has the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 16 The decision to establish a public air transport enterprise shall include the following contents:
(1) The name of the enterprise to be established;
(2) The address of the enterprise to be established;
(3) The base airport to be used by the enterprise to be established;
(4) the person in charge of the enterprise;
(5) The type of enterprise to be established;
(6) The business scope of the enterprise to be established;
(7) Other necessary contents.
Seventeenth public air transport enterprises approved by the Civil Aviation Administration of China shall be valid for 2 years.
If the applicant fails to obtain the business license according to the prescribed conditions within 2 years from the date when the Civil Aviation Administration approves the preparation, and there are sufficient reasons, the Civil Aviation Administration may grant an extension of the preparation period 1 year upon the application of the applicant and the preliminary examination of the Regional Civil Aviation Administration. If the business license is not obtained within the extended preparation period, the qualification for preparation will be lost.
The civil aviation administration will not accept the applicant who loses the qualification of alternate flight within 2 years.
Article 18 To apply for extension of the establishment of a public air transport enterprise, a written document shall be submitted to the Civil Aviation Administration to explain the reasons. The Civil Aviation Administration shall make a decision on whether to approve the extension within 20 working days from the date of receiving the applicant's application.
The Civil Aviation Administration shall, within 10 working days from the date of making the decision, serve the decision to extend the preparation of public air transport enterprises and make an announcement.
If the preparatory establishment is not postponed, it shall notify the applicant in writing within 10 working days from the date of making the decision, explain the reasons, and inform the applicant that he has the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 19 A public air transport enterprise approved to be established shall carry out the establishment work within the validity period of its establishment in accordance with the provisions and accreditation conditions of relevant national laws, administrative regulations and civil aviation rules.
Article 20 After completing the preparatory work, the applicant shall, after the preliminary examination by the Regional Civil Aviation Administration, apply to the General Administration of Civil Aviation for the business license of public air transport enterprises.
Article 21 To apply for the business license of a public air transport enterprise, the applicant shall submit the following documents and materials in triplicate:
(1) An application for the business license of a public air transport enterprise;
(two) a copy of the notice of pre-approval of the enterprise name;
(3) Articles of association of the enterprise;
(4) A capital verification certificate issued by a legally qualified capital verification institution;
(5) A copy of the enterprise domicile certificate;
(six) the enterprise logo and its approval documents;
(7) documents certifying the purchase or lease of a civil aircraft;
(8) Samples of passenger tickets and waybills and approval documents;
(9) The apron lease agreement and airport runway guarantee agreement signed with the base airport to be used;
(ten) the legal representative, the main person in charge, the comprehensive management of the enterprise's employment documents, resumes, copies of identity cards;
(eleven) the documents of the third party liability insurance on the ground;
(12) Names, domiciles and certificates of appointment, election or employment of the directors and supervisors of the enterprise;
(13) Other documents and materials as stipulated by CAAC.
The Sino-foreign joint venture air transport enterprise to be established shall also submit the approval documents of the contract and articles of association and the approval certificate of the foreign-invested enterprise.
Article 22 Where a public air transport enterprise is established as a joint stock limited company, the following documents and materials shall be submitted in triplicate in addition to the documents and materials specified in Article 21:
(1) Investment agreement (contract) signed by shareholders;
(2) the legal person qualification certificate or natural person identity certificate of the shareholder or promoter;
(three) the approval documents of the authorized departments of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the central government.
A joint stock limited company established by offering shall also submit the approval documents of the securities administration department of the State Council.
Article 23 An applicant applying for a business license shall submit the application materials to the regional civil aviation administration for preliminary examination. After receiving the applicant's application materials, the CAAC Regional Administration will publish them on the website of CAAC for the applicant, interested parties and the public to consult and make comments. Interested parties and the public have opinions, which shall be put forward within 10 working days from the date of online publication.
The regional civil aviation administration shall, within 20 working days from the date of receiving the application materials of the applicant, put forward the preliminary examination opinions and submit them to the CAAC together with the application materials.
Article 24 If there is no major objection to the applicant's application for business license, the CAAC shall make a preliminary decision on granting the business license within 10 working days from the date of accepting the application, and publish it on the CAAC website for the applicant, interested parties and the public to consult and make comments. The CAAC shall make a decision on whether to approve the business license within 20 working days from the date of accepting the application.
If there is a major objection to the applicant's application for business license, the Civil Aviation Administration shall organize a hearing if the applicant or interested party requests it. According to the results of the hearing, the CAAC makes a preliminary decision on whether to approve the business license, and publishes it on the CAAC website for the applicants, interested parties and the public to consult and make comments. If the applicant, interested parties and the public have any comments, they should put forward them within 10 working days from the date of online publication. The Civil Aviation Administration shall make a decision on whether to approve the business license according to the situation of soliciting opinions.
Article 25 The CAAC shall issue the business license of public air transport enterprise to the applicant within 65,438+00 working days from the date of making the decision.
If the business license is not granted, it shall notify the applicant in writing within 10 working days from the date of making the decision, explain the reasons, and inform the applicant that he has the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 26 The business license of a public air transport enterprise shall include the following contents:
(a) the name of the enterprise;
(2) the address of the enterprise;
(3) base airport;
(4) Type of enterprise;
(5) Registered capital;
(6) Legal representative;
(7) Business scope;
(8) Other necessary contents.
The business license of a public air transport enterprise is valid for 3 years.
Article 27 The applicant holds the business license of public air transport enterprise issued by the General Administration of Civil Aviation of China, and applies to the administrative department for industry and commerce for establishment registration according to regulations.
The applicant shall, within 10 working days from the date of receiving the Business License for Enterprise as a Legal Person, affix the company seal to the copy of the license and report it to CAAC for the record.
Twenty-eighth public air transport enterprises shall complete the examination and approval of operational qualification in accordance with the regulations before they are officially put into route operation.
I haven't figured out exactly how much it will cost, but I don't think it will work without several hundred million.