CIVIL
AVIATION ADMINISTRATION OF VIETNAM
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
826/CAAV
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Hanoi,
April 29th 1994
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REGULATION
OF
THE HEAD OF AUTHORITY OF CIVIL AVIATION OF VIETNAM ON MANAGEMENT TO CONTRACT
RELATING TO AIR-TRANSPORTATION IN VIETNAM
THE HEAD OF AUTHORITY OF CIVIL AVIATION OF VIETNAM
Based on the Civil Aviation Law of Vietnam state in
public according to Order No.63-LCT/HDBT8 dated January, 4th 1992 of the
Chairman of the State Council
- Based on Decree No.242/HDBT dated February 30th, 1991 of the Ministerial
Council.
- Based on Decision No.36/TTg dated February. 6th 1993 of the Prime Minister.
- In order to improve the state management to air-transportation in Vietnam.
STIPULATES
Article 1.
General regulation
1. Authority
of civil aviation of Vietnam manage all contracts, agreements signed between
Vietnamese air-transportation Businesses and Vietnamese/foreign Individuals
(legal Body) concerning to:
a.
Performance of commercial right of air transporting exploitation as:
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- Joint
service agreements, Joint operation agreements, pool agreement
- Code
sharing agreement
- Other kinds
of contract relating to commercial right of exploitation directly.
b. Buying
leasing of airplanes, leasing exploiter of airplanes in use total of continuos
leasing time is 3 months or more.
c. Join into
international organizations on civil aviation.
d.
Appointment general agent of selling documents for air-transportation
e. Other
letter according to requirements of authority of civil aviation of Vietnam
The above
mentioned agreements are economics agreements under the Law of Vietnam
2. Agreements
stated at class 1 of this article do not consist of agreements signed between
Vietnamese air-transportation Businesses and Vietnamese/foreign Individuals or
legal bodies on investment of foreign capital into air-transporting
exploitation of Vietnamese air-transportation Businesses according to
regulation of the investment Law.
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1. Signed
contracts state at. Section a, b and c class 1 of this
article must include a term which stipulates that those contracts only come
into effect after getting approval of authority of civil aviation of Vietnam.
2. Authority
of civil aviation of Vietnam approve the contracts according to the following
principles:
a.
Territory-sovereign, national security, social order of socialist republic of
Vietnam are ensured Vietnamese Law and international treaties that affect
Vietnam as participant are ensured.
b. Principle
of security and safety in civil air-transportation are ensured, public benefit,
environment and consumer's benefit are ensured.
c. Benefit of
Vietnamese air-transportation Businesses are ensured enable the Businesses to
exploit airplanes effectively, supervise and are responsible to
exploitation-rights of air-transportation of the business-exploitation and
finance.
d. Signing
contracts must meet demand of market and development of Vietnam's
air-transportation, suit with the state's economic policy and enlarge effect of
exploitation, business of Business.
Article 3.
Procedure of registration and approval to the contracts
1. Vietnamese
air-transportation Businesses must register the contracts with authority of
civil aviation of Vietnam within a duration of 15 days from the signing date to
signed contracts stated at the points a, b, c, d of class 1 article 1 of this
regulation.
2. files for
registration consist of:
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-
Participants of contracts
- Subject of
contracts
- Signing
date of contract
- Expire date
of contract
b. Contract
sheet
c. Documents
that certifies legal status and business of signing parties of contracts.
d. Legal
documents concerned to subject of contracts to the kind of contracts stated at
point b, class 1, article 1 of this regulation.
e. Report on
legal base, economic base and performance-possibility of contracts to the
article 1 of this regulation.
g. Other
documents according to requirements of authority of civil aviation of Vietnam
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For the
contracts stated at points d and e, class 1 article 1 of this regulation,
authority of civil aviation will consider and decide issue of certificate for
contractual registration within 7 days from the date full required files are
received.
Article 4.
Report on performance of contracts.
1. Vietnamese
air-transportation Businesses are responsible to report to authority of civil
aviation of Vietnam on serious breach-cases of the participants in performing
contracts and report on terminating contracts before due extending effective
duration of contracts.
2. for
contracts stated at points a, b, c class 1 article 1 of this regulation,
termination before due or extension effective duration of the contracts only
come into effect after getting approval of authority of civil aviation of
Vietnam.
Article 5.
Execution term
This
regulation comes into effect from the signing date.
Dao
Manh Nhuong
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