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BỘ NGOẠI GIAO
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CỘNG HÒA XÃ
HỘI CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số: 04/2013/TB-LPQT
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Hà Nội, ngày
23 tháng 01 năm 2013
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại khoản
3 Điều 47 của Luật Ký kết, gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ
Ngoại giao trân trọng thông báo:
Hiệp định vận chuyển hàng
không giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ nước
Cộng hòa xã hội chủ nghĩa dân chủ Xri Lan-ca, ký tại Hà Nội ngày 17 tháng 7 năm
2012, có hiệu lực kể từ ngày 26 tháng 12 năm 2012.
Bộ Ngoại giao trân trọng gửi
bản sao Hiệp định theo quy định tại Điều 68 của Luật nêu trên./.
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TL. BỘ TRƯỞNG
VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
Nguyễn Thị Thanh Hà
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AIR SERVICES AGREEMENT
BETWEEN THE GOVERNMENT OF THE
SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST
REPUBLIC OF SRI LANKA
The Government of the
Socialist Republic of Viet Nam and the Government of the Democratic Socialist
Republic of Sri Lanka (hereinafter, “the Parties”);
Being parties to the
Convention on International Civil Aviation and the International Air Services
Transit Agreement opened for signature at Chicago on the seventh day of
December 1944; and
Desiring to conclude a
new Agreement for the purpose of establishing air services between and beyond
their respective territories;
Have agreed as
follows:
ARTICLE
1. DEFINITIONS
For the purpose of
this Agreement, unless the context otherwise requires:
(a) the term
“aeronautical authorities” means, in the case of the Socialist Republic of Viet
Nam, the Civil Aviation Authority of Vietnam, Ministry of Transport authorised
to perform any functions at present exercised by the said Minister or similar
functions; and in the case of the Democratic Socialist Republic of Sri Lanka,
the Minister in charge of the subject of civil aviation and any person or body
authorised to perform any functions at present exercised by the said Minister,
relating to civil aviation or similar function;
(b) the term
"agreed services” means scheduled international air services on “specified
routes” for the transport of passengers, baggage and cargo, separately or in
combination in accordance with agreed capacity entitlements;
(c) the term
“Agreement” means this Agreement, its Annex drawn up in application thereof,
and any amendment to the Agreement or to the Annex;
(d) the term
"Annex" shall mean the route schedules attached to the present
Agreement and any clauses or notes appearing in such Annex , and any
modification made thereto;
(e) the term "the
Convention" means the Convention on International Civil Aviation, opened
for signature at Chicago on the seventh day of December, 1944, and includes any
Annex adopted under Article 90 of that Convention and any amendment of the
Annexes or Convention under Articles 90 and 94 thereof;
(f) the term
"designated airline" means an airline which one Party shall have
designated, by written notification to the other Party, in accordance with
Article 3 of this Agreement, for the operation of air services on the routes
specified in such notification;
(g) the term
“specified routes” means a route specified in the Annex to this Agreement;
(h) the term “tariffs”
means the prices which the designated airlines charge for the transport of
passengers, baggage, or cargo and the conditions under which those prices apply
but excluding remuneration and conditions for carriage of mail;
(i) the term
"territory" in relation to a State has the meaning assigned to it in
Article 2 of the Convention;
(j) the term “user
charges” means charges made to airlines by the competent authorities or
permitted by them to be made for the provision of airport property or of air
navigation facilities; and
(k) the terms
"air service", 'international air service", "airline"
and "stop for nontraffic purposes" have the meanings respectively
assigned to them in Article 96 of the Convention.
ARTICLE
2. GRANT OF RIGHTS
(1) Each Party grants
to the other Party the following rights for the conduct of international air
services by the designated airlines of the other Party:
(a) the right to fly
across its territory without landing;
(b) the right to make
stops in its territory for non-traffic purposes;
(c) the right, in
accordance with the terms of their designations, to make stops at points
specified in the Annex for the purpose of taking on board and' discharging
passengers, baggage; cargo and mail coming from or destined for points on the
specified routes; and
(d) the rights
otherwise specified in this Agreement.
(2) Each designated
airline may on any or all flights and at its option:
(a) operate flights in
either or both directions;
(b) combine different
flight numbers within one aircraft operation,
(c) serve intermediate
and beyond'points and points in the territories of the Parties on the routes in
any combination and in any order;
(d) omit stops at any
point or points;
(e) transfer traffic
from any of its aircraft to any of its other aircraft at any points on the
routes;
(f) exercise only own stopover
rights between points in the feififesf if the other Party;
(g) carry transit
traffic through the other Party’s territory; and
(h) combine traffic on
the same aircraft regardless of where such traffic originates without
directional or geographic limitation and without loss of any right to cany
traffic otherwise permissible under this Agreement.
(3) The provisions of
paragraph (2) of this Article shall apply subject to the requirement that the service
serves a point in the territory of the Party designating the airline.
(4) Nothing in this
Article shall be deemed to confer on the designated airline or airlines of one
Party the rights to take on board, in the territory of the other Party, passengers,
their baggage, cargo, or mail carried for remuneration and destined for another
point in the territory of that other Party.
ARTICLE
3. DESIGNATION AND AUTHORISATION
(1) Each Party shall
have the right to designate in writing to the other Party through diplomatic
channels, one or more airlines for the purpose of operating the agreed services
on the specified routes.
(2) On receipt of the
designation, the other Party shall, subject to the provisions of paragraph (3) and
(4) of this Article, without delay grant to the airline or airlines designated
the appropriate operating authorisation provided that:
(a) the airline holds
a current Air Operator’s Certificate or a similar licence issued by the
aeronautical authority of the Party designating the airline;
(b) substantial
ownership and effective control of the airline is vested in the Party
designating the airline, its nationals, or both;
(c) the airline is
qualified to meet the conditions prescribed under the laws, regulations and
rules normally and reasonably applied to the operation of international air
transport by the Party considering the application or applications in
conformity with the provisions of the Convention; and
(d) the Party
designating the airline is maintaining and administering the standards set
forth in Articles 7 and 8 of this Agreement.
(3) Each Party shall
have the right to withhold or revoke the grant to a designated airline of the
privileges specified in paragraph (2) of Article 2 of this Agreement or to
impose such conditions as it may deem necessary on the exercise by a designated
airline of those privileges in any case where:
(a) substantial
ownership and effective control of that airline is not vested in the Party
designating the airline, its nationals or both; or
(b) such airline does
not hold a current Air Operator’s Certificate or similar licence issued by the
aeronautical authority of the Party designating the airline.
At any time after the
provisions of paragraphs (1) and (2) of this Article have been complied with,
an airline so designated and authorised may begin to operate the agreed
services provided the designated airline complies with the applicable
provisions of this Agreement.
(4) Each Party shall
have the right to suspend the exercise by a designated aMine of the privileges
specified in paragraph (2) of Article 2 of this Agreement or to impose such
conditions as it may deem necessary on the exercise by a designated-airline of
those privileges in any case where the designated airline fails to comply with
the laws or regulations of the Party granting those privileges or otherwise
fails to operate in accordance with the conditions prescribed in this
Agreement; provided that, unless immediate suspension or imposition of
conditions is essential to prevent further infringements of laws or
regulations, this right shall be exercised only after consultation with the
other Party as provided for in Article 13 of this Agreement.
(5) Each Party shall
have the right to revoke, suspend, limit or impose conditions on the operating
authorisation of an airline designated by the other Party where the other Party
is not maintaining and administering safety, standards as set forth in Article
7 of this Agreement, provided that, unless immediate action is necessary, this
right shall be exercised only after consultation with the other Party as
provided for in Article 13 of this Agreement and that other Party fails to take
the appropriate action within a reasonable period of time.
ARTICLE
4. CUSTOMS AND OTHER DUTIES
(1) Aircraft operated
on agreed services by the designated airlines of either Party, as well as their
regular equipment, spare parts (including engines), supplies of fuels and
lubricants and aircraft stores (including but not limited to such items as food,
beverages, liquor, tobacco and other products for sale to or use by passengers
during flight) on board such aircraft shall be exempt from all custom duties,
inspection fees, not based on the cost of services provided, and other duties
or taxes on arriving in the territory of the other Party, in accordance with
the national laws and regulations of the two Parties, provided such equipment
and supplies remain on board the aircraft up to such time as they are
re-exported.
(2) Supplies of fuels,
lubricants (including hydraulic fluids), spare parts (including engines),
regular equipment, aircraft stores, printed ticket stock, air waybills, any
printed material bearing insignia of a designated airline of a Party and usual
publicity material distributed without charge by that designated airline
introduced into the territory of one Party by or on behalf of a designated
airline of the other Party or taken on board the aircraft operated by such
designated airline and intended solely for use in the operation of international
services shall be exempt from all national duties and charges, including custom
duties and inspection fees, not based on the cost of services provided, imposed
in the territory of the first Party, in accordance with the existing laws and
regulations of the two Parties, even when these supplies are to be used on the
parts of the journey performed over the territory of the Party in which they
are taken on board. The materials referred to above may be required to be kept
under customs supervision or control up to such time as they are re-exported or
otherwise disposed of in accordance with customs regulations and procedures.
(3) The regular
airborne equipment, spare parts, aircraft stores and supplies of fuel and
lubricants (including hydraulic fluids) retained on board the aircraft of
either Party may be unloaded in the territory of the other Party only with the
approval of the customs authorities of that Party, who may require that these
materials be placed under their supervision up to such time as they are
re-exported or otherwise disposed of in accordance with customs regulations.
(4) The exemptions
provided for by this Article shall also be available in situations where the
designated airlines of either Party have entered into arrangements with another
airline or airlines, for the loan or transfer in the territory of the other
Party, of the regular equipment and the other items referred to paragraphs (1)
and (2) of this Article, provided that such other airline of airlines similarly
enjoy such exemptions from that other Party.
ARTICLE
5. DIRECT TRANSIT TRAFFIC
Passengers, baggage,
cargo and mail in direct transit across the territory of one Party and not
leaving the area of the airport reserved for such purpose shall only be subject
to a very simplified control except in respect of security measures against
violence, air piracy and narcotics control. Such baggage, cargo and mail shall
be exempt from customs duties, excise duties and similar duties, fees and
charges not based on the cost of services provided on arrival.
ARTICLE
6. APPLICATION OF LAWS
(1) The laws and
regulations of one Party governing entry into and departure from its territory
of aircraft engaged in international air navigation or flights of such aircraft
over that territory shall apply to the designated airlines of the other Party.
(2) The laws and
regulations of one Party governing entry into, sojourn in, and departure from
its territory of passengers, crew, cargo or mail, such as formalities regarding
entry, exit, emigration and immigration, aviation security, currency, postal
laws and regulations, as well as customs and sanitary measures shall apply to
passengers, crew, cargo or mail carried by the aircraft of the designated
airline of the other Party while they are within the said territory.
(3) Each Party
undertakes not to grant any preferences to its own airlines with regard to the
designated airlines of the other Party in the application of the laws and
regulations provided for by the present Article.
ARTICLE
7. AIRWORTHINESS
(1) Certificates of
airworthiness, certificates of competency, and licences issued or rendered
valid by one Party, shall, during the period of their validity, be recognised
as valid by the oilier Party for the purpose of operating the air services
provided for in this Agreement, provided that the requirements under which such
certificates or licences were issued or rendered valid are equal to or above
the minimum standards.which may be established pursuant to the Convention, Each
Party reserves the right, however, to refuse to recognise, for the purpose of
flights above its own territory, certificates of competency and licences
granted to its own nationals by the other Party.
(2) Each Party may
request consultations at any time concerning the safety and security standards
and requirements in any area relating to aeronautical facilities, aircrew,
aircraft, and the operation of the designated airlines which are maintained and
administered by the other Party. Such consultations shall take place within
thirty (30) days of that request.
(3) If, following such
consultations, one Party finds that the other Party does not effectively
maintain and administer safety and security standards and requirements in any such
area that are at least equal to or above the minimum standards established at
that time pursuant to the Convention, the first Party shall notify the other
Party of those findings and the steps considered necessary to conform with
those minimum standards, and that the other Party shall take appropriate
corrective action. Failure by the other Party to take appropriate action within
fifteen (15) days or such longer period as may be agreed, shall be grounds for
the application of paragraph (5) of Article 3 of this Agreement.
(4) Notwithstanding
the obligations mentioned in Article 33 of the Convention, it is agreed that
any aircraft operated by or, under the lease agreement, on behalf of the
airline or airlines of one Party on services to or from the territory of
another Party may, while within the territory of the other Party, be made the
subject of an examination by the authorised representatives of the other Party,
on board, and around the aircraft to check both the validity of the aircraft
documents and those of its crew and the apparent condition of the aircraft and
its equipment (in this Article called “ramp inspection”), provided this does
not lead to unreasonable delay.
(5) If any such ramp
inspections or series of ramp inspections give rise to:
(a) serious concerns
that an /aircraft or the operation of an aircraft does not comply with the
minimum standards established at the time pursuant to the Convention; or
(b) serious concerns
that there is a lack of effective maintenance and administration of safety
standards established at that time pursuant to the Convention;
the Party carrying out
the inspection shall, for the purposes of Article 33 of the Convention, be free
to conclude, that the requirements under which the certificate or licences in
respect of that aircraft or in respect of the crew of that aircraft had been
issued or rendered valid, or that the requirements under which that aircraft is
operatec, are not equal to or above the minimum standards established pursuant
to the Convention.
(6) In the event that
access for the purpose of undertaking a ramp inspection of an aircraft operated
by, or, on behalf of the designated airlines of one Party in accordance with
paragraph (4) of this Article is denied by the representative of that
designated airline or airlines, the other Party shall be free to infer that
serious concerns of the type referred to in paragraph (5) of this Article arise
and draw the conclusions refened to in that paragraph.
(7) Each Party
reserves the right to suspend or vary the operating permission of a designated
airline or airlines of the other Party immediately in the event the first Party
concludes, whether as a result of ramp inspection, a series of ramp
inspections, a denial of access for ramp inspection, consultations or otherwise,
that immediate action is essential to the safety of an airline operation.
(8) Any action by one
Party is accordance with paragraphs (3) or (7) of this Article shall be
discontinued once the basis for the taking of that action crases to exis.
ARTICLE
8. SECURITY
(1) Consistent with
their rights and obligations under international law, each Party reaffirms that
its obligation to the other Party to protect the security of civil aviation
against acts of unlawful interference forms an integral part of this Agreement.
Without limiting the generality of its rights and obligations under
international law, each Party shall in particular act in conformity with the
provisions of the Convention on Offences and Certair Other Acts Committed on
Board Aircraft signed at Tokyo on 14 September 1963, the Convention for the
Suppression of Unlawful Seizure of Aircraft signed at The Hague on 16 December
1970, the Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation signed at Montreal on 23 September 1971, the Protocol for the
Suppression of Unlawful Acts of Violence at Airports Serving International
Civil Aviation, signed at Montreal on 24 February 1988 and any other
multilateral agreement governing civil aviation security binding upon both Parties.
(2) Each Party shall
provide upon request all necessary assistance to the other Party to prevent
acts of unlawful seizure of civil aircraft and other unlawful acts against the
safety of such aircraft, its passengers and crew, airports and air navigation
facilities, and any other threat to the security of civil aviation.
(3) The Parties shall,
in their mutual relations, act in conformity with the aviation security
provisions established by the International Civil Aviation Organisation and
designated as Annexes to the Convention to the extent that such security
provisions are applicable to the Parties.
(4) The Parties shall
require that operators of aircraft of their registry or operators of aircraft
who have their principal place of business or permanent residence in their
territory and the operators of airports in their territory, act in conformity
with such aviation security provisions.
(5) Each Party agrees
that such operators of aircraft may be required to observe the aviation
security provisions referred to in paragraph (3) of this Article required by
the other Party for entry into, departure from, or while within, the territory
of that other Party. Each Party shall ensure that adequate measures are
effectively applied within its territory to protect the aircraft and to inspect
passengers, crew, carry-on items, baggage, cargo, mail and aircraft stores
prior to and during boarding or loading. Each Party shall also give positive
consideration to any request from the other Party for reasonable special security
measures to meet a particular threat.
(6) When an incident
or threat of an incident of unlawful seizure of civil aircraft or other
unlawful acts against the safety of such aircraft, their passengers and crew,
airports or air navigation facilities occur, the Parties shall assist each
other by facilitating communications and other appropriate measures intended to
terminate rapidly and safely such incident or threat thereof to the extent
practicable under the circumstances, with minimum risk to life.
ARTICLE
9. FAIR COMPETITION
(1) Each Party shall
allow fair and equal opportunity for the designated airlines of both Parties to
compete in and operate the agreed services.
(2) Each Party shall
allow each designated airline to determine the frequency and capacity of the
international air transportation it offers based upon commercial considerations
in the marketplace. Consistent with this right, no Party shall act to limit the
volume of traffic, frequency or regularity of service, or the aircraft type or
types operated by the designated airlines of the other Parties, except as may
be required for customs, technical, operational, or environmental reasons under
uniform conditions consistent with Article 15 of the Convention.
(3) No Party shall
impose on the other Party’s designated airlines a first-refusal requirement,
uplift ratio, no-objection fee, or any other requirement with respect to
capacity, frequency or traffic.
(4) No Party shall
require the filing of schedules, programs for charter flights, or operational
plans by designated airlines of the other Party for approval, except as may be
required on a non-discriminatory basis to enforce the uniform conditions
foreseen by paragraph (2) of this Article. If a Party requires filings to
enforce the uniform conditions as foreseen by paragraph (2) of this Article or
requires filings for informational purposes, it shall minimize the
administrative burdens of filing requirements and procedures on air
transportation intermediaries and on designated airlines of the other Party.
ARTICLE
10. TARIFFS
(1) The Parties agree
to give particular attention to tariffs which may be objectionable because they
appear unreasonably discriminatory, unduly high or restrictive because of the
abuse of a dominant position, artificially low because of direct or indirect
subsidy or support, or "predatory”.
(2) Each Party may
require notification or filing of tariffs proposed by the designated airline(s)
of both Parties for carriage to or from its territory. Such notification or filing
may be required not more than 30 days before the proposed date of introduction.
In special cases, this period may be reduced.
(3) Neither Party
shall take unilateral action to prevent the inauguration of a proposed tariff
or the continuation of an effective tariff of a designated airline of either
Party or on the basis of reciprocity of the airline(s) of a third State for
carriage between the territories of the Patties or between the territory of the
other Party and that of a third State.
(4) Approval of
tariffs consequent upon the provisions of Paragraph 3 above may be given
expressly by either Party to tli^ airline(s) filing the tariffs. Where either
Party believes that a tariff falls within the categories described in Paragraph
1 above, such Party shall give notice of dissatisfaction to the other Party as
soon as possible and at least within 21 days of the date of notification or
filing of the tariff, and may avail itself of the consultation procedures set
out in Paragraph 5 below. However, unless both Parties have agreed in writing
to disapprove the tariffs concerned under those procedures, the tariffs shall
be considered approved.
(5) Each Party may
request consultation regarding any tariff of an airline of either Party for
services covered by this Agreement, including where the tariff concerned has
been subject to a notice of dissatisfaction. Such consultations shall be held
not later than 14 days after receipt of the request. The Parties shall
cooperate in securing information necessary for reasoned resolution of the
issues. If the Parties reach agreement with respect to a tariff for which
notice of dissatisfaction has been given, each Party shall use its best efforts
to put that agreement into effect but if no agreement is reached the tariff in question
shall go into or continue in effect.
ARTICLE
11. COMMERCIAL OPPORTUNITIES
(1) The designated
airlines of each Party shall have the right to:
(a) establish offices
in the territory of the other Party for the promotion and sale of air
transportation;
(b) engage in the sale
of air transportation in the territory of the other Party directly and, at the
airlines’ discretion, through their agents. The designated airlines shall have
the right to sell such transportation, and any person shall be free to purchase
such transportation, in local currency or in freely convertible currencies;
(c) convert and remit
to the territory of its incorporation, on demand, local revenues in excess of
sums locally disbursed in accordance with applicable laws and regulations of
the Party in the territory of which the revenue accrued. Conversion and
remittance shall be permitted promptly without restrictions in respect thereof
at the rate of exchange applicable to current transactions and remittance on
the date the carrier makes the initial application for remittance;
(d) to, at their
option, select among competing agents for ground-handling services in whole or
in part; and
(e) pay for local
expenses, including purchases of fuel, in the territory of the other Party in
local currency. At their discretion, the designated airlines of each Party may
pay for such expenses in the territory of the other Party in freely convertible
currencies according to local currency regulation.
(2) The designated
airlines of each Party shall have the right in accordance with the laws,
regulations and rules of the other Party relating to entry, residence, and
employment, to bring in and maintain in the territory of the other Party
managerial, sales, technical, operational, and other specialist staff required
for the provision of air transportation.
(3) In operating or
holding out the agreed services on the agreed routes, any designated airline of
a Party may, subject to the laws and regulations of the Party designating it,
enter into code share ahrangement's with:
(a) designated
airline(s) of the same Party;
(b) designated
airline(s) of the other Party; or
(c) airline(s) of a
third country, which hold the appropriate operating authorisation to operate
and/or hold out such services, provided that:
(i) such third country
authorises or allows comparable arrangements between the airlines of the other
Party and other airlines on services to, from and via such third country. The
non-exercise of an arrangement by the designated airlines of the other Parly
relating to third country code sharing arrangements to, from and via such third
country will not preclude the exercise of this entitlement by the designated
airlines of a Party; and
(ii) a designated
airline of one Party shall not hold out a service between a point in the
territory of the other Party and a point in a third country as the marketing
airline unless that service is held out as a continuation of a service operated
by that designated airline.
(4) When booking,
issuing and selling tickets pursuant to any code-share agreement, the marketing
airline shall advise its passengers of which airline will operate each sector
of the flight.
(5) The above
paragraphs (3) and (4) are subject to the condition that all airlines in the
above arrangements hold the appropriate route and traffic rights.
(6) Each code share
service held out by a designated airline as a marketing airline will not be
counted against the capacity entitlements of the Party designating that
airline.
(7) Notwithstanding
any other provision of this Agreement, designated airlines and indirect
providers of cargo transportation of the Parties shall be permitted, without
restriction, to employ in connection with international air transportation any
surface transportation for cargo to or from any points within or outside the
territories of the Parties, including transport to and from all airports with
customs facilities, and including, where applicable, the right to transport
cargo in bond under applicable laws and regulations. Such cargo, whether moving
by surface or by air, shall have access to airport customs processing and
facilities. Designated airlines may elect to perform their own surface
transportation or to provide it through arrangements with other surface
carriers, including surface transportation operated by other airlines and
indirect providers of cargo air transportation. Such intermodal cargo services
may be offered at a single, through price for the air and surface
transportation combined, provided that shippers are informed as to the facts
concerning such transportation.
ARTICLE
12. USER CHARGES
(1) Each Party shall
ensure that the user charges imposed or permitted to be imposed by its
competent charging bodies on the designated airline or airlines of the other
Party are just and reasonable. These charges shall be based on sound economic
principles and shall not be higher than those paid by other airlines for such
services.
(2) Neither Party
shall impose or permit to be imposed, on the designated airline or airlines of
the other Party user charges higher than those imposed on its own designated
airline or airlines operating similar international air: ervices using similar aircraft.
(3) Each Party shall
encourage consultations between charging authorities in its territory and the
airlines using the services and facilities. Each Party shall also encourage the
competent charging authorities to provide users with reasonable notice of any
proposal for changes in user charges to enable users to express their views
before changes are made.
ARTICLE
13. CONSULTATIONS
There shall be regular
and frequent consultation between the aeronautical authorities of the Parties
to ensure close collaboration in all matters affecting the fulfillment of this
Agreement.
ARTICLE
14. SETTLEMENT OF DISPUTES
(1) If any dispute
arises between the Parties relating to the interpretation or application of
this Agreement, the Parties shall in the first place endeavor to settle it by
negotiation.
(2) If a dispute
cannot be settled within three (3) months following the date on which such
negotiations were requested by either Party, it shall at the request of either
Party be submitted to an arbitral tribunal.
(3) Such arbitral
tribunal shall be constituted for each individual case in the following way.
Within two (2) months of the receipt of the request for arbitration, each Party
Shall appoint one member of the tribunal. Those two members shall then select a
national of a third State who on approval by the two Parties shall be appointed
the President of the tribunal. The President of the tribunal shall be appointed
within four (4) months from the date of appointment of the other two members.
(4) If either of the
Parties fails to nominate an arbitrator within the period specified, or if the
third arbitrator is not appointed within the period specified, the President of
the Council of the International Civil Aviation Organization may at the request
of either Party appoint an arbitrator or arbitrators as the case requires. In
such cases, the third arbitrator shall be a national of a third State and shall
act as President of the arbitration tribunal.
(5) The Parties shall
comply with any provisional ruling or final decision of the tribunal.
(6) The tribunal shall
determine the place where the proceedings will be held and the limits of its jurisdiction
in accordance with this Agreement. It shall establish its own procedure.
(7) The Parties shall
bear in equal proportion the costs of arbitration.
(8) Where either Party
fails to comply with a decision referred to in paragraph 5 of this Article, the
other Party may limit, suspend or revoke any rights or privileges which it has
granted under this Agreement to the Party in default.
ARTICLE
15. MODIFICATION
(1) If either of the
Parties considers it desirable to modify the terms of this Agreement, it may
request consultations between the aeronautical authorities of both Parties in
relation to the proposed modification. Consultations shall begin within a
period of sixty (60) days from the date of the request. When these authorities
agree on modifications to this Agreement, the modifications shall come into
effect when they have been confirmed by an. exchange of notes between the
Parties through diplomatic channels.
(2) Notwithstanding
the provisions of paragraph (1) above, amendments to the Annex to this
Agreement may be agreed upon directly between the aeronautical authorities of
the Parties. Such amendments shall enter into force when confirmed through
diplomatic channels.
(3) If both Parties
become parties to a multilateral agreement that addresses matters covered by
this Agreement, they shall consult to determine whether this Agreement should
be revised to take into account the multilateral agreement.
ARTICLE
16. TERMINATION
Either Party may at
any time give notice to the other, through diplomatic channels, if it desires
to terminate this Agreement. Such notice shall be simultaneously communicated
to the International Civil Aviation Organization. If such notice is given, this
Agreement shall terminate twelve (12) months after the date of receipt of the
notice by the other Party, unless the notice to terminate is withdrawn by
agreement before the expiry of this period. In the absence of acknowledgement
of the receipt of a notice of termination by the other Party, notice shall be
deemed to have been received fourteen (14) days after the receipt of the notice
by the International Civil Aviation Organization.
ARTICLE 17. REGISTRATION
This Agreement and any
amendments thereto shall be registered with the International Civil Aviation
Organization.
ARTICLE
18. TITLES
Titles to the Articles
in this Agreement are for convenience of reference only and shall not in any
way affect the interpretation of the Articles.
ARTICLE
19. ENTRY INTO FORCE
This Agreement shall
enter into force on the date when the Parties notify each other, through
diplomatic channels, that the respective requirements for the entryinto force
of this Agreement have been satisfied. Upon its entry into force, this Agreement
shall supersede the Air Services Agreement between the Government of the
Democratic Socialist Republic of Sri Lanka and the Government of the Socialist
Republic of Viet Nam done at Colombo on 29th July 1992.
IN WITNESS WHEREOF the
undersigned plenipotentiaries, being duly authorised thereto by their repective
Governments, have signed this Agreement.
Done this 17th
day of July 2012 at Ha Noi in duplicate in the English Languages.
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FOR THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
Pham Quy Tieu
Vice Minister of Transport
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FOR THE
GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Ganegama Sena Withanage
Additional Secretary
Ministry of Civil Aviation
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ANNEX
ROUTE SCHEDULE
Section I
Routes of the agreed services
performed by the airlines designated by the Government of the Socialist
Republic of Viet Nam shall be as follows in either or both directions;
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POINTS IN
VIETNAM
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INTERMEDIATE POINTS
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POINTS IN SRI LANKA
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POINTS BEYOND
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Any points
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Any Points
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Any points
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Any points
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Section II
Routes of the agreed
services performed by the airlines designated by the Government of the
Democratic Socialist Republic of Sri Lanka shall be as follows in either or
both directions;
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POINTS IN SRI LANKA
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INTERMEDIATE POINTS
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POINTS IN
VIETNAM
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POINTS BEYOND
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Any points
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Any Points
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Any points
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Any points
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Notes:
The right of the
designated airline of either Party to transport passengers, cargo and mail between
the points in the territory of the other Party and points in the territory of
third Parties shall be discussed and agreed upon by the aeronautical
authorities of the two Parties.