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Chapter Law Content

Title: International Airport Park Development Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter IV. Operation of Airport Park
Article 12
Airport Corporation is responsible for the following functions:
1.Planning, construction, and operation management of Airport Zone.
2.Management and provision of air transportation services in Airport Zone.
3.Development and operation of FTZ inside Airport Park.
4.Investment and/or re-investment in domestic and foreign businesses related to aviation and transportations.
5.Investment and/or re-investment in businesses in FTZ enterprises.
6.Other responsibilities of airports and airport operators according to legal regulations.
7.Other matters permitted by the competent authority.
The industry competent authority may delegate the competent authority of Airport Park or its designated agency to conduct the following items:
1.FTZ labor administration, occupational safety and health, and labor inspection.
2.Approval and issuance of business registration licenses in FTZ.
3.Approval and issuance of certificates for industrial power supply in FTZ.
4.Permission for employment of foreign or overseas Chinese specialists or technicians to work in FTZ.
5.Confirmation and issuance of certificates for tax reductions and exemptions for business operations in FTZ.
6.Issuance of import and export visas, certificates of origin and certificates of re-export for products FTZ.
7.Land use control and building administration.
Items not prescribed in the preceding paragraph shall fall under the responsibility of the personnel of each industry competent authority stationed in Airport Park.
Article 13
Airport Corporation shall impose on users of Airport Zone and related facilities fees for usage, service and noise control. The criteria are to be established by Airport Corporation and approved by the competent authority.
Article 14
The Airport Corporation shall appropriate the following sums for the government of special municipality or county (city) where Airport Park is located to conduct related work:
1.Appropriation of a certain proportion of landing fees, included in the usage fees prescribed in the preceding article, as the feedback fund for people residing around the airport inside 60 decibel noise line. And the feedback fund could be delivered by cash.
2.The noise control fee described in the preceding paragraph shall be paid by cash. And it may be used in health related facilities, or in deduction for electricity bills, house taxes and land value taxes etc. for the residents who is located inside 60 decibel noise line around airports.
The proportion described in Item 1 of the preceding article shall be determined by the competent authority.
The use of the feedback fund and the noise control fees shall be determined by the government of the special municipality or county (city) where Airport Park is located.
Article 15
The airport service fees Airport Corporation collects according to Article 38 of the Act for the Development of Tourism, besides the portion for the Tourism Development Fund, shall all be spent on Airport Zone and the related construction projects for Airport Zone.
Article 16
Airport Corporation shall take out liability insurance for the public facilities inside Airport Park. The minimum insured amount shall be determined by the competent authority.
Article 17
The Airport Corporation shall provide free-of-charge venues required for customs, immigration, quarantine and security inspection operations, as well as facilities for inspection of goods and luggage.
Article 18
Besides public land that is subject to the regulation of the public land law of Paragraph 2 of Article 11, CAA may lease or provide as capital investment the property under its jurisdiction inside Airport Park to be used by Airport Corporation without subjection to the regulation of Article 28 of the National Property Law or local public property administration regulations.
All Airport Park asset management contracts signed between third parties and CAA or CAA subordinate agencies (organizations) before this Act takes effect shall be succeeded by Airport Corporation starting from the day it is established.
Article 19
Airport Corporation may provide for profit property that it uses or acquires according to Paragraph 1, 2 of Article 11 and Paragraph 1 of the preceding paragraph to be used by a third party.
Airport Park enterprises leasing land from Airport Corporation to construct facilities required for their operations, in addition to the rents, shall also be responsible for the public facility construction expenses.
Airport Corporation shall establish the criteria for the rents for land, buildings and equipment as well as regulations for collection of public facility construction expenses and present them to the competent authority for approval.
The rents for land and buildings described in the preceding paragraph shall not be restricted by the regulation of Articles 97, 99, 101 and 105 of the Land Law.
Article 20
Airport Corporation shall acquire the consent of the competent authority before making arrangements for buildings constructed on public land and for land acquired according to the regulation of Paragraph 1 of Article 11.
Arrangements described in the preceding paragraph made without the consent of the competent authority shall be deemed invalid.
Article 21
The regulation of business tax exemption and application for waiving business tax exemption in Article 8 of the Value-added and Non-Value-added Tax Act shall apply to the usage fees and service fees Airport Corporation imposes according to Article 13 of this Act as well as the airport service fees according to Article 15.
The land airport Corporation acquired in accordance with Paragraph 1 of Article 11 in Airport Zone for aircraft landing and takeoff, surface movement as well as public use shall be exempted from land tax. The public land CAA provides according to Paragraph 2 of Article 11 for Airport Corporation to use as Airport Zone shall also be exempted from land tax.
The buildings Airport Corporation acquired or constructed according to Paragraph 1 of Article 18 as capital investment in Airport Zone, besides providing to a third party for profit, shall be exempted from house tax.
Article 22
The rents or royalties Airport Corporation turns in according to Paragraph 2 of Article 11 and Paragraph 1 of Article 18 after it is officially established shall go to CAA Operating Fund.
Airport Corporation, after paying taxes, offsetting losses and registering a legal reserve, shall appropriate 18% of the surplus for the special municipality or county (city) government. The remaining surplus shall go to CAA Operating Fund.