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MINISTRY OF TRANSPORT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 46/VBHN-BGTVT
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Hanoi, August 07, 2023
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CIRCULAR
AIR TRANSPORTATION AND GENERAL AVIATION OPERATION
Circular No.
81/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on air
transportation and general aviation operation, which comes into force from
March 01, 2015 is amended by:
Circular No.
21/2020/TT-BGTVT dated September 28, 2020 on amendments to Circular No.
81/2014/TT-BGTVT dated December 30, 2014 of Minister of Transport on air
transportation and general aviation operation (hereinafter referred to as
“Circular No. 81/2014/TT-BGTVT dated December 30, 2014”), Circular No.
14/2015/TT-BGTVT dated April 27, 2015 of Minister of Transport on compensation
for non-refunded advance in airway passenger transportation (hereinafter
referred to as “ Circular No. 14/2015/TT-BGTVT dated April 27, 2015”) and
Circular No. 33/2016/TT-BGTVT dated November 15, 2016 of Minister of Transport
on operational and statistical report in Vietnam civil aviation (hereinafter
referred to as “Circular No. 33/2016/TT-BGTVT dated November 15, 2016”), which
comes into force from November 15, 2020.
2. Circular No.
19/2023/TT-BGTVT dated June 30, 2023 of the Minister of Transport on amendment
and annulment of several Articles under Circulars relating to air transport.
Pursuant to the 2006
Law on Civil Aviation of Vietnam;
Pursuant to Decree No.
30/2013/ND-CP dated April 8, 2013 of the Government on air transportation
business and general aviation operation
Pursuant to Decree No.
110/2011/ND-CP dated December 05, 2011 of the Government on management of lease
and purchase of aircraft and aircraft engines, spare parts and supplies and
services for maintenance and repair of aircraft, aircraft engines, spare parts
and supplies;
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At the request of
Director of Transportation and Director General of Civil Aviation Authority of
Vietnam
The Minister of
Transport promulgates Circular on air transportation and general aviation
operation [1].
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular provides
guidance on the following contents:
1. Procedures and
requirements:
a) Approval for rental
and lease of aircraft between Vietnamese organizations, individuals and foreign
organizations, individuals;
b) Registration of Air
Transport Regulation by Vietnam’s airlines;
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d) [3] Issuance and
revocation of Certificate of registration of house airway bill issuance;
e) Approval for
cooperation contracts directly related to right to air transport.
2. [4] Minimum
obligations of carriers in regard to passengers who have had their seats
confirmed and obtained air tickets in case where air transport is delayed,
cancelled, departed early, or passengers are denied boarding due to carrier’s
fault.
3. Inspection and
supervision of operation of airlines, fulfillment of eligibility for license to
provide air transport service, license to provide general aviation services;
fulfillment of obligations to passengers, baggage, goods of airlines; operation
of other organizations related to air transport.
Article 2. Regulated
entities
This Circular applies to
Vietnamese organizations, individuals and foreign organizations, individuals
related to rental, lease of aircrafts, air transport, and general aviation
operation in Vietnam.
Chapter II
FLEET PLANNING AND RENTAL/LEASE OF
AIRCRAFTS
Article 3. Fleet
planning of air transport service providers (hereinafter referred to as
“airlines”) and general aviation service providers in Vietnam [5]
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2. Fleet planning of
airlines and general aviation service providers must contain:
a) Forecasted demand for
domestic and international air transport, each flight route provided by the
airlines;
b) Forecasted flight
network; cargo transport and passenger transport quantity (for passengers and
baggage); load factor; composition of the airline in international network,
domestic network, and each flight route;
c) Number of aircrafts by
type across the network; type of aircrafts operated on each flight route of the
airline;
d) Plan to assure (human,
financial) resources for fleet operation and maintenance.
3. If contents of fleet
planning under this Article are changed, enterprises shall be responsible for
reporting to the Civil Aviation Authority of Vietnam (hereinafter referred to
as “CAA”) within 30 days from the date on which the enterprise decides to
change their fleet planning.
4. Airlines and general
aviation service providers shall be responsible for sending reports on fleet
planning to the CAA which contain
a) Name of report: fleet
planning;
b) Content: Clause 2 of
this Article;
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d) Report submission
deadline: November 01 of the year preceding the planning year (in case of
annual plan) and 60 days prior to starting date of the plan (in case of
medium-term and long-term plans);
dd) Report data period:
by October 31 of the year preceding the planning year;
e) Report form: under
Appendix XV attached hereto.
Article 4. Procedures
for approval for rental/lease of aircrafts between Vietnamese organizations,
individuals and foreign organizations, individuals
1. Organizations and
individuals applying for approval for rental/lease of aircrafts shall submit
application in person or via post service or other appropriate means to the CAA
and shall be responsible for information in the application. The application
consists of:
a) Written application
using form under Appendix I attached hereto;
b) Report, presentation
for: Form of rental; legal status of parties to aircraft rental/lease contract;
rental/lease duration; quantity, type, and age of rented aircraft; aircraft
nationality; certificates related to aircraft; agreement on purchase of civil
liability insurance for passengers, baggage, goods, and third party on the
ground; organizations responsible for operating and maintaining aircrafts
according to air operator certificate.
c) Copies of aircraft
rental/lease contracts;
d) Copies of documents
affirming legal status and business operations of lessee (in case of aircraft
lease), lessor (in case of aircraft rental), air operator, and maintenance
personnel;
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e) Copies of document
indicating lessor’s right (to possess, own, use) to aircraft; cases of wet
lease, dry lease that require air operator certificate, aviation maintenance
certificate, insurance certificate;
g) Description of images
and brand fixed to aircraft exterior.
2. In regard to
Vietnamese enterprises at least 30% capital of which is held by the state that
apply for approval for aircraft rental, in addition to documents under Clause 1
of this Article, their application shall also contain:
a) Report and
presentation of implementation of regulations on methods, procedures for
selecting aircraft lease contractors; shopping; evaluation methods for aircraft
lease proposal;
b) Document on approval
for aircraft lease contract in regard to foreign partners of Board of directors
(Board of members) or General Directors, Directors of enterprises in regard to
enterprises that do not have Board of directors (Board of members).
3. Within 05 working days
from the date on which adequate application is received, the CAA shall be
responsible for reviewing, assessing application and issuing written approval
or rejection regarding aircraft rental/lease of the applicants. If the
CAA rejects the application, the CAA shall state their reasons in writing.
If the application for
aircraft rental/lease is inadequate as per the law, the CAA shall request the
applicants within 2 working days from the date on which they receive the
application to finalize the application. The duration for processing
application shall start from the date on which the CAA receives adequate
application.
4. Organizations and
individuals applying for aircraft rental/lease (hereinafter referred to as “applicants”)
shall incur charges as per the law.
Article 5.
Requirements for aircraft rental/lease
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2. Aircraft lessees shall
not enable any other person to directly or indirectly benefit from the use of
air transport rights other than the agreed rent or subscription together with
other directly related costs.
3. Aircraft lessees and
lessors have the obligations to engage in and provide presentation regarding
aircraft rental and lease.
4. Prior to bringing
aircrafts into operation, organizations and individuals shall be responsible
for notifying and providing the CAA with documents related to temporary import
and re-export of aircrafts (in case of aircraft rental) and temporary export
and re-import of aircrafts (in case of aircraft lease) of customs authority.
5. If aircraft rental
does not last longer than 7 consecutive days according to the Law on Vietnam
Civil Aviation, organizations and individuals shall inform the CAA in writing
about lessors' possession of appropriate air operator certificate.
6. Aircraft lessees and
lessors shall be responsible for informing the CAA about violations committed
by both parties in execution of aircraft rent/lease contract; premature
termination or extension of aircraft rent/lease, actual time of bringing
aircraft out of Vietnam (in case of aircraft rental), bringing aircraft into
Vietnam (in case of aircraft lease) for inspection.
Chapter III
AIR TRANSPORT REGULATIONS
Article 6.
Promulgation of transport regulations [6]
Airlines shall be
responsible for developing, registering, and promulgating transport
regulations. Transport regulations shall contain rights and obligations of
carriers, rights and obligations of passengers appropriate to regulations of
the law.
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1. Any airline applying
for transport regulations shall submit an application in person or via post
service or via other appropriate means to the CAA and shall be responsible for
information in the application. The application consists of:
a) Written application
using form under Appendix II attached hereto;
b) Copies of
Transport regulations.
2. Within 5 working days
from the date on which adequate application is received, the CAA shall be
responsible for reviewing and issuing written approval or rejection of
application for transport regulations. If the CAA rejects the
application, the CAA shall state their reasons in writing.
If application for
transport regulations is inadequate, the CAA shall be responsible for
requesting airlines in writing to complete the application within 2 working
days from the date on which they receive the application. The duration for
processing application shall start from the date on which the CAA receives
adequate application.
Article 8. Minimum
obligations of carriers in regard to passengers who have had their seats
confirmed and obtained air tickets when air transport is delayed, cancelled,
departs early, or passengers are denied boarding due to carrier’s fault [7]
1. Airlines shall be
responsible for immediately notifying passengers of change to off-block time of
their flights.
2. A flight is considered
to be delayed flight when its actual off-block time (hereinafter referred to as
“AOBT”) is more than 15 minutes later than its scheduled off-block time
(hereinafter referred to as “SOBT”).
3. If delayed flight is
not caused by passengers, carriers shall be responsible for adequately
informing passengers via appropriate means; issuing apologies to passengers;
taking care of meals, rest, travel, and incurring other relevant costs for
passengers waiting at airports according to transport regulations and ensuring
passenger service quality at airports according to regulations of the Minister
of Transport.
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a) If a flight is delayed
for at least 2 hours: within the scope of service provision of carriers, change
appropriate route for passengers or transfer passengers to different flights,
grant exemption from route change or flight transfer restrictions and related
surcharges (if any) for passengers;
b) If a flight is delayed
for at least 5 hours: in case passengers do not request carriers to fulfill
obligations under Point a of this Clause but require a refund for their air
tickets, issue a refund for air tickets that have not been used to passengers
at airports or representative offices, branches, or ticket agencies designated
by airlines;
c) If a flight is delayed
for an indefinite amount of time: in addition to obligations under Point a or
Point b of this Clause, when requested by passengers, make a non-refundable
advance compensation for passengers who have had their seats on the flights
confirmed and obtained air tickets in accordance with regulations on
non-refundable advance compensation in passenger air transport of the Minister
of Transport.
5. A flight is considered
to be cancelled when its schedule for booking and ticket sale have been
publicized on central reservation system (CRS) of carriers within 24 hours
prior to SOBT where carriers no longer operate the flight.
6. If passengers are
denied from transport service due to carriers’ fault and if a flight is
cancelled where passengers are not informed by carriers in advance, in addition
to obligations under Clause 3 of this Article, carriers shall:
a) Make non-refundable
advance compensation for passengers who have had their seats on the flights
confirmed and obtained air tickets for the flights in accordance with
regulations on non-refundable advance compensation in passenger air transport
of the Minister of Transport;
b) Within the scope of
services of carriers, change appropriate route for passengers or transfer
passengers to different flights, grant exemption from route change or flight
transfer restrictions and related surcharges (if any) for passengers;
c) If passengers refuse
the adoption of Point b of this Clause, issue a refund for air tickets that
have not been used to passengers at airports, representative offices, branches,
or ticket agencies designated by airlines;
d) If passengers refuse
the adoption of Point b and Point c of this Clause, carriers may fulfill other
obligations according to agreement with the passengers.
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8. If passengers who have
had their seats confirmed are denied from boarding and have not received notice
on earlier departure time or do not agree with earlier departure time as a
result of carriers’ faults, carriers shall be responsible for fulfilling
obligations under Clause 6 of this Article.
9. Ticket refund for
passengers under this Article is regulated as follows:
a) Ticket refund and
refund fee restrictions (if any) shall be exempted;
b) In regard to entirely
unused tickets, refund shall equal value of the ticket which the passengers
have paid; ticket value consists of: transport service fees; taxes and fees
regulated by the Government, passenger and luggage security service charges,
airport service charges which the airlines have collected; other relevant
surcharges according to legitimate invoice provided by the passengers;
c) In regard to partially
used tickets, the refund shall not be lower than the difference between total
value of air tickets and value of tickets, other services that have been used
by the passengers.
Article 9. Transport
of special passengers
1. Special passengers
include:
a) Persons with
disabilities;
b) The elderly;
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d) Children.
2. Airlines shall fulfill
obligations similar to those applicable to regular passengers while assigning
employees to provide care and assistance; organize and implement support
services during transport of special passengers.
3. Fees and charges for
transporting aids of special passengers shall be exempted.
4. Airlines shall
elaborate mandatory support services for each type of special passenger and
advance notice provided by the passengers for provision of special support
services under transport regulations and publicly list at ticket agencies.
Chapter IV
REPRESENTATIVE AND TICKET SALE OF FOREIGN
AIRLINE
Article 10. Procedures
for issuing, re-issuing, revoking License to establish representative office,
ticket agency of foreign airline in Vietnam [8]
1. Foreign airline
applying for License to establish representative office, ticket agency shall
submit an application in person or via post service or other appropriate means
to the CAA and shall be responsible for information in the application.
The application consists of:
a) Written application
using form under Appendix III attached hereto;
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c) Copies of operating
regulations of the applicants (in either Vietnamese or English);
d) Copies of documents
verifying use right of head office where representative office, ticket agency
is located in Vietnam;
dd) Copies excerpted from
master register or copies and original copies or certified true copies (in case
of application in person), certified true copies (in case of application via
post service) of documents assigning head of representative office, ticket
agency (in either Vietnamese or English).
2. Within 05 working days
from the date on which adequate application is received, the CAA shall be
responsible for evaluating and issuing license using form under Appendix XIII
attached hereto. If the CAA rejects the issuance, the CAA shall state their
reasons in writing.
If application is
inadequate, the CAA shall be responsible for requesting airlines in writing to
complete the application within 2 working days from the date on which they
receive the application. The duration for processing application shall start
from the date on which the CAA receives adequate application
3. License to establish
representative office or ticket agency is effective from the date on which it
is signed and expires due to revocation in case of commission of violations
against regulations under Clause 5 Article 123 of the Law on Vietnam Civil
Aviation or at request of airlines.
4. If any content of
existing License to establish representative office or ticket agency is
revised, foreign airline shall submit an application for reissuance of the
License in person or via post service or other appropriate means to the CAA and
be responsible for contents of the application.
a) The application
consists of: written application using form under Appendix IV attached hereto
and documents relating to the revision in either Vietnamese or English;
b) Within 03 working days
from the date on which adequate application is received, the CAA shall be
responsible for reviewing and re-issuing the License using form under Appendix
XIII attached hereto;
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5. Airlines applying for
issuance, re-issuance of License to establish representative office, ticket
agency shall pay charges as per the law.
6. Airlines applying for
re-issuance of the License as previous License is damaged or lost shall comply
with Clause 4 of this Article.
7. If the License is revoked, the CAA shall promulgate
decision on revocation of the License and airlines shall immediately terminate
operation of representative offices and ticket agencies.
Article 11. This
Article is annulled [9]
Article 12. Notifying
and reporting operation of representative office, ticket agency of foreign
airlines in Vietnam [10]
1. Within 60 days from
the date on which the License is issued, representative offices and ticket
agencies of foreign airlines shall be responsible for notifying the CAA of
their operation in form of physical document or electronic document or fax
using form under Appendix VI attached hereto. Airlines shall be responsible for
truthfulness and adequacy of the report.
2. Within 45 days from
the date on which License is issued, representative offices and ticket agencies
shall operate at registered head office and post on 3 consecutive issues of a
newspaper sold in Vietnam. The newspaper post shall contain:
a) Name, address of
representative office, ticket agency;
b) Name, address of head
office of the foreign airline;
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d) List of foreign
employees (name, nationality, passport number, and effective work permit (if
any));
dd) Number, date of
issuance, and effective period of the License;
e) Operation of
representative office, ticket agency.
3. In case of changes in
foreign personnel, representative offices and ticket agencies shall be
responsible for informing the CAA in writing about the changes within 10 days
from the date on which such changes occur.
4. Representative offices and ticket agencies shall be
responsible for submitting annual operation reports to the CAA and held
accountable for truthfulness and accuracy of contents of the reports. The
reports contain:
a) Name of report:
Operation report of representative office, ticket agency of foreign airline in
Vietnam;
b) Content of report:
information on representative office, ticket agency; operation of
representative office, ticket agency; general evaluation and proposal;
c) Report submission and
receipt methods: report shall be in physical or electronic form and submitted
directly, via post service, fax, or other appropriate means as per the law;
d) Report data period:
from January 1 to December 31 of the reporting year;
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e) Report form: under
Appendix VII attached hereto.
Article 13.
Termination of operation of representative office, ticket agency of foreign
airline in Vietnam [11]
1. Operation of representative office, ticket agency shall be
terminated when:
a) Foreign airline
requests so;
b) Foreign airlines
terminate their operation in accordance with regulations and law of countries
where they establish or register;
c) License to establish
representative office, ticket agency is revoked in accordance with Clause 5
Article 123 of the Law on Vietnam Civil Aviation.
2. Within 30 days prior to termination in accordance with
Point a and Point b Clause 1 of this Article, representative office, ticket
agency shall send written notice on termination using form under Appendix VIII
attached hereto to the CAA, creditors, employees, and other persons with
relevant obligations and benefits. The notice shall specify expected date of
termination, be publicly listed at representative office and ticket agency, and
posted on a newspaper eligible for publication in Vietnam for 3 consecutive
issues.
3. Foreign airlines, representative offices, and ticket
agencies shall be responsible for fulfilling all debt obligations and other
obligations with organizations, individuals as per the law.
Chapter V
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Article 14. Procedures
for issuance of certificate of house airway bill issuance [12]
1. Vietnamese enterprises
applying for issuance of their house airway bills shall send an application for
issuance of house airway bill to Airport Authority in person, via post service,
via electronic means, or other methods and shall be responsible for accuracy of
information therein: The application consists of:
a) Written application
using form under Appendix IX attached hereto;
b) House airway bills of
consignors and consignees.
2. Vietnamese enterprises
applying for issuance of house airway bills of foreign consignors or consignees
shall send an application for issuance of house airway bill to Airport
Authority in person, via post service, via electronic means, or other methods
and shall be responsible for accuracy of information therein. The
application consists of:
a) Written application
using form under Appendix X attached hereto;
b) House airway bills of
foreign consignors and consignees.
3. Within 3 working days
from the date on which adequate application is received, Airport Authority
shall be responsible for reviewing and issuing certificate of house airway bill
issuance using form under Appendix XIV attached hereto. If the registration is
rejected, a written reason shall be provided.
If the application is
inadequate, within 01 working day from the date on which the application is
received, Airport Authority shall issue documents guiding applicants to revise
the application where the duration for revising the application starts from the
date on which airport authority receives adequate documents.
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4. Applicants shall pay
issuance fees as per the law. Duration for paying issuance fees is not
included in the duration of administrative procedures.
5. Certificate of house
airway bill issuance enters into force from the date of signing and is revoked
when:
a) The applicants cease
to issue house airway bills for 6 consecutive months from the date on which
certificate is issued without notifying certificate issuing authority;
b) Other cases decided by
competent authority occur.
6. If certificate of
house airway bill issuance is revoked, Airport Authority shall issue decision
on revocation of certificate of house airway bill issuance and enterprises
shall immediately cease to issue house airway bills If Airport Authority
decides to revoke certificate of house airway bill issuance which was
previously issued by CAA, Airport Authority shall notify CAA for monitoring.
Article 15.
Requirements for air freight delivery services
1. Provision of air freight delivery services is not
considered air transport of an airline according to the Law on Vietnam Civil
Aviation.
2. Providers of air freight delivery services shall only adopt
procedures for receiving goods at airports, aerodromes once they have obtained
certificate of house airway bill issuance.
Chapter VI
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Article 16. Procedures
for air transport licensing
1. Vietnamese airlines
applying for air transport licensing shall submit an application in person or
via post service or via other appropriate means to the CAA and shall be
responsible for information in the application. The application consists of:
The application consists of:
a) Written application
using form under Appendix XI attached hereto;
b) Copies of Air operator
certificate;
c) Report on flight route
and expected operation plan;
d) Copies of documents
verifying juridical person and regulations of the airlines.
2. Foreign airlines
applying for regular air service licensing shall add the followings to
documents under Clause 1 of this Article: Documents of home country of the
airlines designating or confirming designation that the airlines are allowed to
provide air transport services in accordance with international agreements to
which the Socialist Republic of Vietnam is a signatory.
3. Within 10 working days
from the date on which adequate application is received, the CAA shall be
responsible for reviewing and evaluating whether to grant air transport
licensing. If air transport licensing is not granted, the CAA shall state their
reasons in writing.
If application is
inadequate, the CAA shall be responsible for requesting the airlines in writing
to complete the application within 2 working days from the date on which they
receive the application. The duration for processing application shall start
from the date on which the CAA receives adequate application.
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1. Market demand:
a) In regard to new
flight routes that are not used by any airline, air transport licensing shall
be granted on the basis of application of the airline wishing to use the flight
routes;
b) In regard to active
flight routes, air transport licensing shall be granted on the basis of results
of operation on these flight routes at the time of application.
2. Capability of
airlines:
a) Financial, air crew,
personnel capability;
b) Feasibility of
operating plan at the time of application.
3. Balance between flight
route network and economic development goals:
a) Fulfilling capability
of airport, aerodrome infrastructures;
b) Stable and reasonable
development of flight routes;
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d) Reasonable flight
distribution for Vietnamese airlines on flight routes,
Article 18.
Cooperation agreements relating to air transport licensing
1. Cooperation agreements
relating to air transport licensing include:
a) Codeshare agreement;
b) Other contracts whose
primary subjects are the use and exercising of air transport licensing.
2. A codeshare
agreement is a contract that allows airlines to use their flight designator on
flights of other airlines in Vietnam.
3. Requirements for
signing and execution of codeshare agreement related to air transport
licensing:
a) The agreement shall
contain clauses which only take effect once approved by the CAA;
b) Airlines participating
in the agreement shall have air transport licensing on respective flight
routes; the approval of the agreement shall secure general benefits of Vietnam
and Vietnamese airlines;
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Article 19. Procedures
for approving codeshare agreement related to air transport licensing
1. Any airline applying
for approval of codeshare agreement related to air transport licensing shall
submit an application to the CAA in person or via post service or other
appropriate means and be responsible for information in the application.
The application consists of:
a) Written application
using form under Appendix XII attached hereto;
b) Copy of codeshare
agreement related to air transport licensing.
2. Within 7 working days
from the date on which adequate application is received, the CAA shall be
responsible for reviewing, evaluating, assessing the application, and issuing
decision approving codeshare agreement related to air transport
licensing. If the CAA rejects the application, the CAA shall state their
reasons in writing.
If the application is
inadequate, the CAA shall be responsible for requesting the airlines in writing
to complete the application within 2 working days from the date on which they
receive the application. The duration for processing application shall start
from the date on which the CAA receives adequate application.
Article 20.
Requirements for utilization of air transport licensing
1. Airlines are only allowed
to provide air transport within the scope of granted air transport licensing.
2. Airlines are not
allowed to trade air transport licensing, engage in anti-competitive practices,
or engage in unhealthy competition.
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IMPLEMENTATION
Article 21.
Responsibilities of Vietnam Civil Aviation Authority
1. Examining and adopting
procedures for acknowledging and admitting effect of documents on aircraft
operation and maintenance as per the law.
2. Periodically
publicizing essential flight routes according to the Government's declaration
of disadvantaged areas depending on criteria of per capita income, level of
difficulty faced by other means of transport, impact of flight routes on
economic development in rural, remote areas, national defense and security.
3. Directing Vietnamese
airlines to utilize essential flight routes at an appropriate rate as per the
law.
4. Inspecting and
supervising:
a) Maintaining
eligibility for license to provide air transport, license to provide general
aviation operations of airlines and issuing Instruction manuals for this task;
b) Exercising obligations
of Vietnamese, foreign organizations and individuals and conditions,
requirements in operation of these organizations, individuals upon having
documents issued or amended in accordance with this Circular;
c) Developing,
promulgating, and organizing passenger service regulations, procedures
according to regulations on service quality of enterprises providing services
related to air transport in order to ensure effective, coordinated air
transport operations.
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a) Purposes and
objectives of airline inspection and supervision;
b) Principles, details,
methods (including communication and reporting of airlines), and procedures for
inspection and supervision.
6. Notifying People’s
Committees of provinces, tax authorities, provincial police departments where
representative offices, ticket agencies, Vietnamese juridical persons are located
of termination of representative offices, ticket agencies, representative
operation of Vietnamese juridical persons.
7. Annulled [13].
8. Cancelling, revoking,
suspending license, certificate, approval, licensing when:
a)
Organizations/individuals obtaining license, certificate, right, or approval
violate this Circular or Vietnamese regulations or international agreements to
which the Socialist Republic of Vietnam is a signatory;
b) Organizations,
individuals obtaining license, certificate, right, or approval are no longer
eligible as per the law;
c) Relevant parties
terminate contracts, agreements;
d) Documents,
reports are intentionally produced during evaluation in a dishonest manner;
...
...
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9. Consolidating and
reporting issues and difficulties that arise during implementation to the
Ministry of Transport.
Article 22.
Responsibilities of Airport Authority
1. Inspecting and
supervising the fulfillment of obligations of Vietnamese, foreign organizations
and individuals, conditions and requirements in operations of these
organizations and individuals at airports, aerodromes according to this
Circular.
2. Consolidating and
reporting issues, difficulties that arise during implementation to the CAA.
Article 23.
Responsibilities of organizations and individuals
Vietnamese organization,
individuals and foreign organizations, individuals related to air transport
shall stay under supervision of the CAA and Airports Authority according to the
law and this Circular.
Article 24. Entry into
force, responsibilities for implementation [14]
1. This Circular comes
into force from March 01, 2015.
2. Circular No.
26/2009/TT-BGTVT dated October 28, 2009 of the Minister of Transport and
Circular No. 16/2011/TT-BGTVT dated March 31, 2011 of the Minister of Transport
shall be annulled.
...
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CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Le Anh Tuan
APPENDIX I
(Enclosed with Circular No. 81/2014/TT-BGTVT dated December
30, 2014 of the Minister of Transport).
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
......., date....month...year.....
...
...
...
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To: Vietnam Civil Aviation Authority
Name of the
company/airline (name in capital letters as specified in
Establishment/Business Registration
License):.............................................................................................Phone
number:................ Fax:......................., Email:.............
Website (if any).......
Application for aircraft
rental/lease
Between
Name of the
company/airline:
...............................................................................
And
Name of the company/airline
(name in capital letters as specified in Establishment/Business Registration
License):.............................................................................................
Phone
number:................ Fax:......................., Email:.............
Website (if any).......
..............................................................................................................................
...
...
...
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- Take full
responsibility for truthfulness and adequacy of the attached application.
- Fully and strictly
comply with regulations of Vietnamese law on aircraft rental/lease.
Attached documents
include:
-......................;
Competent representative of the company
(title, signature and seal)
APPENDIX II
(Enclosed with Circular No. 81/2014/TT-BGTVT dated December
30, 2014 of the Minister of Transport).
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
...
...
...
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APPLICATION FOR AIR TRANSPORT REGULATIONS
To: Vietnam Civil Aviation Authority
Name of the
company/airline (name in capital letters as specified in Establishment/Business
Registration
License):.............................................................................................
Abbreviated name of the
company/airline (if any):
..............................................................
Phone
number:................ Fax:......................., Email:.............
Website (if any).......
Application for
passenger/baggage/cargo transport regulations
I/we undertake to:
- Take full
responsibility for truthfulness and adequacy of the attached application.
- Fully and strictly
comply with regulations of Vietnamese law on passenger/baggage/cargo transport
regulations
...
...
...
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Attached documents
include:
-......................;
-......................;
Competent representative of the company
(title, signature and seal)
APPENDIX III
(Enclosed with Circular No. 81/2014/TT-BGTVT dated December
30, 2014 of the Minister of Transport).
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
......., date....month...year.....
APPLICATION FOR ISSUANCE OF LICENSE TO ESTABLISH
REPRESENTATIVE OFFICE/TICKET AGENCY
To: Vietnam Civil Aviation Authority
...
...
...
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Abbreviated name of the
airline (if any):
...............................................................................
Nationality of the
airline: ...............................................................................
Address of the head
office (address as specified in Establishment/Business Registration
License):.............................................................................................
Establishment/Business
Registration License No. :........................................................
Issued
by:.....................................date of
issuance:............at:............................
Main operation
fields/sectors:....................................................................................
Charter
capital:...........................................................................................................
Account
No:........................................... At
(bank):....................................
Phone number:................
Fax:.............. Email:........... Website (if any).......
...
...
...
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Full
name:..............................................................................................................
Title:................................................................................................................
Nationality:..............................................................................................................
Written summary of the
airline’s operations:
.....................................................................
...............................................................................................................................
Application for issuance
of License to establish representative office and/or ticket agency (passenger
ticket and/or house airway bill) in Vietnam contains:
Name of representative
office/ticket agency:.................................................
Abbreviated name (if
any):
...............................................................................
Transaction name in
English (if
any):................................................................
...
...
...
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...............................................................................................................................
Operation of the
representative office/ticket agency (including operation sectors).
Head of the
representative office/ticket agency:
Full
name:............................................
Gender:.................................................
Nationality:..............................................................................................................
Passport/ID
number:.....................................................................
Issued
by:.....................................date of
issuance:............at:............................
I/we undertake to:
- Take full
responsibility for truthfulness and adequacy of the application and attached
documents.
...
...
...
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Attached documents
include:
-......................;
-......................;
Competent representative of the airline
(title, signature and seal)
APPENDIX IV [15]
(Enclosed with Circular No. 81/2014/TT-BGTVT dated December
30, 2014 of the Minister of Transport).
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
......., date....month...year.....
APPLICATION FOR RE-ISSUANCE OF ESTABLISHMENT LICENSE
...
...
...
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To: Vietnam Civil Aviation Authority
Name of the airline (name
in capital letters as specified in Establishment/Business Registration
License):.............................................................................................
Abbreviated name of the
airline (if any):
...............................................................................
Nationality of the
airline:
...............................................................................
Address of the head
office (address written on Establishment/Business Registration
License):.............................................................................................
Establishment/Business
Registration License No.
:........................................................
Issued
by:.....................................date of
issuance:............at:............................
Main operation
fields/sectors:....................................................................................
Charter
capital:...........................................................................................................
...
...
...
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Phone
number:................ Fax:......................., Email:.............
Website (if any).......
Legal representative:
(competent representative)
Full
name:..............................................................................................................
Title:................................................................................................................
Nationality:..............................................................................................................
..........................
.....................................................................................................................................
Written summary of the
airline’s operations:
......................................................................
............................................................................................................................................
...
...
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……………….......................................................................................................................
Application for
re-issuance of License to establish representative office and/or ticket agency
(passenger ticket and/or house airway bill) in Vietnam contains:
[Example:
Name of representative
office/ticket agency:.................................................
Abbreviated name (if
any):
...............................................................................
Transaction
name in English (if
any):................................................................
Address of the head
office of the representative office/ticket agency (clearly stating house
number, street, ward/commune, district, and
province/city):.................................................
Operation of the
representative office/ticket agency (including operation sectors).
Head of the
representative office/ticket agency:
...
...
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Nationality:..............................................................................................................
Passport/ID
number:.....................................................................
Issued
by:.....................................date of
issuance:............at:............................
I/we undertake to:
- Take full responsibility
for truthfulness and adequacy of the application and attached documents.
- Fully and strictly
comply with regulations of Vietnamese law on representative offices/ticket
agencies of foreign airlines in Vietnam and regulations of License to establish
representative offices/ticket agencies
Attached documents
include:
-......................;
-......................;
Competent representative of the airline
(title, signature and seal)
...
...
...
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APPENDIX V [16] (annulled)
APPENDIX VI [17]
(Enclosed with Circular No. 81/2014/TT-BGTVT dated December
30, 2014 of the Minister of Transport).
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
......., date....month...year.....
OPERATING NOTIFICATION
OF REPRESENTATIVE OFFICE/TICKET AGENCY
(Name is written according to the License)
...
...
...
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Representative
office/ticket agency of (name in capital letters as specified in Establishment
License):.............................................................................................
Address of the head
office (address written on Establishment
License):.............................................................................................
Representative
office/ticket agency officially operates from:
date.....month.....yeah.......The official notification of operation contains:
I. Representative
office/ticket agency
Name of the
representative office/ticket agency: (name in capital letters and in
bold as specified in the
License)..........................................
Transaction name in
English: (name in capital letters as specified in the
License)........................................................................................
Abbreviated name (if
any):
...............................................................................
Issued
by:.....................................date of issuance:
Address of the head
office of representative office/ticket agency (as specified in the
License)...........................................................................................................................
...
...
...
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Foreign currency
account:.................at (bank):.............. (if any)
VND
account:………………………………..at (bank):…………………………
II. Personnel of
representative office/ticket agency
1. Head of the
representative office/ticket agency:
Full name (capital letters):.............................................................................................
Gender:...........................
Nationality:..............................................................................................................
Passport/ID
number:.....................................................................
Issued
by:.....................................date of
issuance:............at:............................
Registered temporary
residence (for foreigners)/registered permanent residence (for
Vietnamese):..............................................................................................................
...
...
...
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- Foreign employees
working at the representative office/ticket agency: (clearly specifying full
name, gender, nationality, passport number, date and place of issuance and
title of each employee);
- Vietnamese employees
working at the representative office/ticket agency: (clearly specifying full
name, gender, nationality, ID number, date and place of issuance and title of
each employee);
The representative
office/ticket agency (name as specified in License) has carried out procedures
for publishing its operating notification in newspaper (specifying name of
hand-written newspaper or online newspaper). Number of newspaper
issues:.........Date of issue:.........
Attached documents:
1. Receipt record made by
the hand-written or electronic newspaper agency of agreement on publication of
the operating notification or other documents proving the publication;
2. Copy of certificate of
specimen seal of the representative office/ticket agency issued by the police
authority;
3. Copy of application
for opening account of the representative office/ticket agency at the bank that
legally operates in Vietnam;
4. Copies of documents,
including entry visa, employment contract of the head of the representative
office/ticket agency; CV (certified by the local authority), employment
contract of each Vietnamese employee working at the representative
office/ticket agency; passport, entry visa, employment contract of each foreign
employee working at the representative office/ticket agency.
...
...
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Head of representative office/ticket agency
(title, signature and seal)
APPENDIX VII [18]
(Enclosed with Circular No. 81/2014/TT-BGTVT dated December
30, 2014 of the Minister of Transport).
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
......., date....month...year.....
REPORT
REPRESENTATIVE OFFICE/TICKET AGENCY’S OPERATION
In (year) ......................
...
...
...
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The representative
office/ticket agency (specifying name as specified in the License) reports its
operation from 01 January, .... (year) to December 31, .... (year). To be
specific:
I. Representative
office/ticket agency:
Name of the
representative office/ticket agency (name in capital letters and in bold as
specified in the License)...........................................................................................................................
Transaction name in
English: (name in capital letters as specified in the
License)........................................................................................
Abbreviated name (if
any):
...............................................................................
Issued
by:.....................................date of issuance:............
Address of the head
office of representative office/ticket agency (as specified in the
License)...........................................................................................................................
Phone
number:................ Fax:........................ Email:......................(if
any)
Foreign currency
account:.................at (bank):.............. (if any)
...
...
...
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II. Personnel of
representative office/ticket agency
1. Head of the
representative office/ticket agency:
Full name (capital
letters):.............................................................................................
Gender:...........................
Nationality:..............................................................................................................
Passport/ID
number:.....................................................................
Issued
by:.....................................date of
issuance:............at:............................
Registered temporary
residence (for foreigners)/registered permanent residence (for
Vietnamese):..............................................................................................................
2. Employees working
at the representative office/ticket agency
- Foreign employees working
at the representative office/ticket agency: (clearly specifying full name,
gender, nationality, passport number, date and place of issuance and title of
each employee);
...
...
...
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3. Changes in personnel
in year (detailed report):
- Change in the head of
the representative office/ticket agency (if any):
- Change in the number of
foreign employees working at the representative office/ticket agency (if
any);
- Change in the number of
Vietnamese employees working at the representative office/ticket agency
(if any);
4. Provision of benefits
for each employee working at the representative office/ticket agency:
salary, bonuses, insurance, other benefits, etc.
III. Representative
office/ticket agency’s operation
1. Actual operation in
the year:
(The representative
office/ticket agency only reports operations specified in the License (if any))
2. Other operations:
advertisement, fairs, displays, exhibitions, etc. according to regulations of
law, social operations (if any).............
..........................................
...
...
...
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1. General
assessment::................................................................................................
2. Suggestion and
recommendation:........................................................
We undertake to take full
responsibility for truthfulness and adequacy of the report.
Head of representative office/ticket agency
(title, signature and seal)
APPENDIX III
(Enclosed with Circular No. 81/2014/TT-BGTVT dated December
30, 2014 of the Minister of Transport).
...
...
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To: Vietnam Civil Aviation Authority
Name of the airline (name
in capital letters as specified in Establishment/Business Registration
License)...........................................................................................................................
Abbreviated name of the
airline (if any):...........................................................................................................................
Nationality of the
airline:..........................................................................
Address of the head
office (as specified in Establishment/Business Registration
License)...........................................................................................................................
Establishment/Business
Registration License No.....................................................
Issued
by:.....................................date of
issuance:............at:............................
Debts have been paid and
obligations to terminate operation of the following representative office/ticket
agency have been fulfilled:
Name of the
representative office/ticket agency (name in capital letters and in bold as
specified in the
License)...........................................................................................................................
...
...
...
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...............................................................................................................................
Transaction name in
English: (name in capital letters as specified in the application)
Abbreviated name: (if
any)...........................................................................................................................
Issued
by:.....................................date of issuance:............
Operation duration:
from.........to.........
Address of the head
office of representative office/ticket agency (as specified in the
License)...........................................................................................................................
Phone
number:......................... Fax:........................
Email:......................(if any)
We undertake to take full
responsibility for truthfulness and adequacy of the notification.
Attached documents:
...
...
...
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2. Receipt record made by
the hand-written or electronic newspaper agency of expected termination of
operation of the representative office/ticket agency or other documents proving
the publication;
3. Copies of documents
proving that the representative office/ticket agency has fully fulfilled its
obligations to pay debts and other obligations to the state, relevant
organizations and individuals of the State of Vietnam according to regulations
of the law.
Competent representative of the foreign airline
(title, signature and seal)
APPENDIX IX [19]
(Enclosed with Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of the
Minister of Transport)
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
...
...
...
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APPLICATION FOR CERTIFICATE OF REGISTRATION OF
HOUSE AIRWAY BILL ISSUANCE
(Applicable to Vietnamese enterprise applying for house airway
bill issuance)
To:................Airport Authority *
Name of the enterprise
(name in capital letters as specified in Establishment/Business Registration
License)...........................................................................................................................
Abbreviated name of the
enterprise: (if
any)...........................................................................................................................
Address of the head
office (as specified in Establishment/Business Registration
License)...........................................................................................................................
Establishment/Business
Registration License No.:
Issued by:.....................................date
of issuance:............at:............................
...
...
...
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Phone
number:......................... Fax:............, Email:.............. Website
(if any)..........
Legal representative:
Full
name:..............................................................................................................
Title:................................................................................................................
Nationality:..............................................................................................................
Application for
certificate of registration of house airway bill issuance of Vietnam enterprise
(specifying name of the organization/individual).
We undertake to:
- Take full
responsibility for truthfulness and adequacy of the application and attached
documents.
- Fully and strictly
comply with regulations of Vietnamese law on business activities in general,
and regulations on air freight delivery of Vietnamese providers in particular.
...
...
...
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Competent representative of the enterprise
(title, signature and seal)
Attached documents:
- House airway bills of consignors and consignees.
* Note: the agency
receiving and processing the application is Northern Airports Authority,
Central Airports Authority or Southern Airports Authority (depending on
selection of the applicant).
APPENDIX X [20]
(Enclosed with Circular No. 81/2014/TT-BGTVT dated December
30, 2014 of the Minister of Transport)
...
...
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......., date....month.....year.......
APPLICATION FOR CERTIFICATE OF REGISTRATION OF HOUSE AIRWAY
BILL ISSUANCE
(Applicable to Vietnamese enterprise applying for issuance
of house airway bill of foreign consignor or consignee)
To:................Airport Authority *
Name of the enterprise
(name in capital letters as specified in Establishment/Business Registration
License)...........................................................................................................................
Abbreviated name of the
enterprise: (if any)...........................................................................................................................
Address of the head
office (as specified in Establishment/Business Registration
License)...........................................................................................................................
Establishment/Business
Registration License No.:
Issued
by:.....................................date of
issuance:............at:............................
...
...
...
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Phone
number:......................... Fax:............, Email:.............. Website
(if any)..........
Legal representative:
Full name:..............................................................................................................
Title:................................................................................................................
Nationality:..............................................................................................................
It is required to issue
certificate proving that the Vietnamese enterprise has completed procedures for
registration of issuance of house airway bill of foreign consignor or consignee
according to agreement signed on (date......month….year......)
Between
Name of the
enterprise...........................................................................................
Head
office:.........................................................................................................
...
...
...
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Issued
by:.....................................Business line:............
And
Name of foreign
consignor/consignee..............................................................
Address of the head
office (address written on Establishment/Business Registration
License):.............................................................................................
Establishment/Business
Registration License No........................
Issued
by:.....................................date of
issuance:............at:............................
Legal representative:
Full
name:..............................................................................................................
Title:................................................................................................................
...
...
...
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We undertake:
- Take full
responsibility for authenticity and adequacy of the application and attached
documents.
- Fully and strictly
comply with regulations of Vietnamese law on business activities in general,
and regulations on air freight delivery of Vietnamese enterprises in
particular.
Competent representative of the enterprise
(title, signature and seal)
Attached documents:
- House airway bill of foreign consignor/consignee.
...
...
...
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APPENDIX XI
(Enclosed with Circular No. 81/2014/TT-BGTVT dated December
30, 2014 of the Minister of Transport)
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
......., date....month.....year.......
APPLICATION FOR AIR TRANSPORT LICENSING
To: Vietnam Civil Aviation Authority
Name of the airline (name
in capital letters as specified in Establishment/Business Registration
License):.............................................................................................
Abbreviated name of the
airline (if any):...........................................................................................................................
...
...
...
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Address of the head
office (as specified in Establishment/Business Registration
License)...........................................................................................................................
Establishment/Business
Registration License No. :........................................................
Issued
by:.....................................date of issuance:............at...
..............................................................................................................................
Air operator
certificate............issued by....... date of issuance.....................
Phone
number:......................... Fax:............, Email:.............. Website
(if any).......
Legal representative:
(competent representative)
Full name:..............................................................................................................
Title:................................................................................................................
...
...
...
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The Vietnam Civil
Aviation Authority is required to grant the right to commercially operate air
transport under the following conditions:
Airline;
Flight routes; aircraft to
be operated;
Flights and
passengers/cargoes to be transported;
Expected plan for
flights.
We undertake:
- Take full
responsibility for authenticity and adequacy of the application and attached
documents.
- Strictly comply with
regulations of Vietnamese laws on air transport business within the scope of
granted right to air transport.
...
...
...
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Competent representative of the airline
(title, full name and seal)
APPENDIX XII
(Enclosed with Circular No. 81/2014/TT-BGTVT dated December
30, 2014 of the Minister of Transport)
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
......., date....month.....year.......
APPLICATION FOR APPROVAL FOR COOPERATION CONTRACT DIRECTLY
RELATED TO RIGHT TO AIR TRANSPORT.
To: Vietnam Civil Aviation Authority
Name of the airline
(capital letters, name written on Establishment/Business Registration
License):.............................................................................................
...
...
...
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Nationality of the
airline:..........................................................................
Address of the head
office (address written on Establishment/Business Registration
License):.............................................................................................
Establishment/Business
Registration License No.
:........................................................
Issued
by:.....................................date of
issuance:............at:............................
Phone
number:................ Fax:......................., Email:.............
Website (if any).......
Legal representative:
(competent representative)
Full
name:..............................................................................................................
Title:................................................................................................................
Nationality:..............................................................................................................
...
...
...
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Between...........................................................(name
of the airline/its head office)
And:...........................................................(name
of the airline/its head office)
We undertake:
- Take full
responsibility for authenticity and adequacy of the application and attached
documents.
- Strictly comply with
regulations of the Law on Civil Aviation and Circular No. 81/2014/TT-BGTVT
dated December 30, 2014 of the Minister of Transport.
Attached documents
include:
-......................;
-......................;
Competent representative of the airline
(title, full name and seal)
...
...
...
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(Enclosed with Circular No. 81/2014/TT-BGTVT dated December
30, 2014 of the Minister of Transport)
MINISTRY OF TRANSPORT
VIETNAM CIVIL AVIATION AUTHORITY
--------
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
No. /GP-CHK
Hanoi, ……….,date…..month
.... year ..…...
LICENSE FOR ESTABLISHMENT OF REPRESENTATIVE OFFICE/TICKET
AGENCY OF FOREIGN AIRLINE IN VIETNAM
Date of initial issuance
Date of re-issuance:....; re-issuance for the ..... time
...
...
...
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Pursuant
to..................................................................................................................;
Pursuant
to..................................................................................................................;
Pursuant
to..................................................................................................................;
HEREBY DECIDES:
Article 1. The airline is allowed to:..........................................................................
- Business Registration
License No........................
- Address of the head
office:................................................................................................
- Main operation
fields/sectors:....................................................................................the
representative office/ticket agency is established
at................................
Article 2. Name of the representative office/ticket agency:
...
...
...
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- Abbreviated
name:.........................................................................................................
- Transaction
name in English:................................................................
Article 3. Address of the representative office/ticket
agency:................................
...............................................................................................................................
Article 4. Head of the representative office/ticket agency:
- Full
name:..............................................................................................................
-
Nationality:..............................................................................................................
- Passport
No.............issued by....... date of issuance.....................
Article 5. Representative office/ticket agency’s operation
...
...
...
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2............................................................................................................................
Article 6. Responsibility of the airline that is not issued with the
License
1............................................................................................................................
2............................................................................................................................
Article 7. Effective period of the License
This License comes into
force from the date on which it is signed./.
APPENDIX XIV [22]
(Enclosed with Circular No. 81/2014/TT-BGTVT dated December
30, 2014 of the Minister of Transport)
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
No. /GCN-CVHK
Hanoi, ……….,date…..month .... year ..…...
CERTIFICATE
Registration of house airway bill issuance/issuance of
house airway bill of foreign consignor or consignee
The airport authority
.................................... certifies:
1. Name of the
enterprise...........................................................................................
2. Business Registration
License No........................date of issuance ..../..../...
...
...
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4. Main operation
fields/sectors:....................................................................................
5. Operation scope:
............................................................................................
6. Responsibility of the
enterprise issued with the certificate: the enterprise shall comply with
regulations of the Law on Civil Aviation No. 66/2006/QH11 dated June 29, 2006
and Law No. 61/2014/QH13 dated November 21, 2014 on amendments to the Law on
Civil Aviation, guiding Circulars and regulations of relevant laws.
HEAD OF CERTIFICATE-ISSUING AGENCY
(Signature and seal)
APPENDIX XV [23]
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Name of airline/general aviation service provider
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
REPORT
FLEET PLANNING ......(1)
To: Vietnam Civil Aviation Authority
Complying with
regulations in Article 3 of Circular No. 81/2014/TT-BGTVT dated December 30,
2014 of the Minister of Transport, .......(2) notifies the Vietnam Civil
Aviation Authority of the fleet planning. To be specific:
I. Forecasted demand for
domestic and international air transport and each flight route (under expected
operation):
II. Forecasted flight
network; cargo transport and passenger transport quantity (for passengers and
baggage); load factor; composition of the airline in international network,
domestic network, and each flight route;
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IV. Plan to assure
(human, financial) resources for fleet operation and maintenance;
This is fleet planning of
.... (Name of airline/general aviation service provider).
Attached
documents:
-
Date….month…year
Legal representative
(signature/seal)
(1) On an annual basis
(specifying the year)/on a mid-term basis (05 years: From…….to) or on a
long-term basis (10 years: From…….to).
(2) Name of
airline/general aviation service provider.
[1] Circular No. 21/2020/TT-BGTVT on amendments to Circular No.
81/2014/TT-BGTVT dated December 30, 2014 of Minister of Transport on air
transportation and general aviation operation (hereinafter referred to as
“Circular No. 81/2014/TT-BGTVT dated December 30, 2014”), Circular No.
14/2015/TT-BGTVT dated April 27, 2015 of Minister of Transport on compensation
for non-refunded advance in airway passenger transportation (hereinafter referred
to as “ Circular No. 14/2015/TT-BGTVT dated April 27, 2015”) and Circular No.
33/2016/TT-BGTVT dated November 15, 2016 of Minister of Transport on
operational and statistical report in Vietnam civil aviation (hereinafter
referred to as “Circular No. 33/2016/TT-BGTVT dated November 15, 2016”) is
promulgated pursuant to:
“The Law No. 66/2006/QH11 dated June 29, 2006 on Civil Aviation of
Vietnam and Law No. 61/2014/QH13 dated November 21, 2014 on amendments to the
Law on Civil Aviation;
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Decree No.
66/2015/ND-CP dated August 12, 2015 of the Government on aviation authorities;
Decree No.
92/2016/ND-CP dated July 01, 2016 of the Government on conditional business
lines in the civil aviation industry;
Decree No.
12/2017/ND-CP dated February 10, 2017 of the Government on functions, tasks,
powers and organizational structure of the Ministry of Transport;
Government’s Decree
No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of
Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in
the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 on air transport business and general aviation activities;
At the request of
Director of Transpotration and Director General of Civil Aviation Authority of
Vietnam
The Minister of
Transport promulgates Circular on amendments to Circular No. 81/2014/TT-BGTVT
dated December 30, 2014 of Minister of Transport on airway transportation and
general aviation operation (hereinafter referred to as “Circular No.
81/2014/TT-BGTVT dated December 30, 2014”), Circular No. 14/2015/TT-BGTVT dated
April 27, 2015 of Minister of Transport on compensation for non-refunded
advance in airway passenger transportation (hereinafter referred to as “
Circular No. 14/2015/TT-BGTVT dated April 27, 2015”) and Circular No.
33/2016/TT-BGTVT dated November 15, 2016 of Minister of Transport on operational
and statistical report in Vietnam civil aviation (hereinafter referred to as
“Circular No. 33/2016/TT-BGTVT dated November 15, 2016”);
Circular No.
19/2023/TT-BGTVT on amendment and annulment of several Articles under Circulars
relating to air transport is promulgated pursuant to:
“The Law No.
66/2006/QH11 dated June 29, 2006 on Civil Aviation of Vietnam and Law No.
61/2014/QH13 dated November 21, 2014 on amendments to the Law on Civil
Aviation;
Decree No.
56/2022/ND-CP dated August 24, 2022 of the Government on functions, tasks,
powers, and organizational structures of the Ministry of Transport;
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At request of Director
of Transportation Department and Director of Civil Aviation Authority of
Vietnam;
The Minister of
Transport promulgates Circular on amendment and annulment of several Articles
under Circulars relating to air transport”.
[2] This Point is amended
by Clause 1 Article 1 of Circular No. 21/2020/TT-BGTVT dated September 28, 2020
on amendments to Circular No. 81/2014/TT-BGTVT dated December 30, 2014,
Circular No. 14/2015/TT-BGTVT dated April 27, 2015 and Circular No.
33/2016/TT-BGTVT dated November 15, 2016, which comes into force from November
15, 2020.
[3] This Point is amended by Clause 1 Article 1 of Circular No.
21/2020/TT-BGTVT dated September 28, 2020 on amendments to Circular No.
81/2014/TT-BGTVT dated December 30, 2014, Circular No. 14/2015/TT-BGTVT dated
April 27, 2015 and Circular No. 33/2016/TT-BGTVT dated November 15, 2016, which
comes into force from November 15, 2020.
[4] This Clause is amended by Clause 1 Article 1 of Circular
No. 19/2023/TT-BGTVT on amendment and annulment of several Articles under
Circulars relating to air transport, which comes into force from September 1,
2023.
[5] This Article is amended by Clause 2 Article 1 of Circular
No. 21/2020/TT-BGTVT on amendments to Circular No. 81/2014/TT-BGTVT dated
December 30, 2014, Circular No. 14/2015/TT-BGTVT dated April 27, 2015 and
Circular No. 33/2016/TT-BGTVT dated November 15, 2016, which comes into force
from November 15, 2020.
[6] This Article is amended by Clause 3 Article 1 of Circular
No. 21/2020/TT-BGTVT on amendments to Circular No. 81/2014/TT-BGTVT dated
December 30, 2014, Circular No. 14/2015/TT-BGTVT dated April 27, 2015 and
Circular No. 33/2016/TT-BGTVT dated November 15, 2016, which comes into force
from November 15, 2020.
[7] This Article is amended by Clause 2 Article 1 of Circular
No. 19/2023/TT-BGTVT on amendment and annulment of several Articles under
Circulars relating to air transport, which comes into force from September 01,
2023.
[8] This Article is amended by Clause 5 Article 1 of Circular
No. 21/2020/TT-BGTVT on amendments to Circular No. 81/2014/TT-BGTVT dated
December 30, 2014, Circular No. 14/2015/TT-BGTVT dated April 27, 2015 and
Circular No. 33/2016/TT-BGTVT dated November 15, 2016, which comes into force
from November 15, 2020.
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[10] This Article is amended by Clause 7 Article 1 of Circular
No. 21/2020/TT-BGTVT on amendments to Circular No. 81/2014/TT-BGTVT dated
December 30, 2014, Circular No. 14/2015/TT-BGTVT dated April 27, 2015 and
Circular No. 33/2016/TT-BGTVT dated November 15, 2016, which comes into force
from November 15, 2020.
[11] This Article is amended by Clause 8 Article 1 of Circular
No. 21/2020/TT-BGTVT on amendments to Circular No. 81/2014/TT-BGTVT dated
December 30, 2014, Circular No. 14/2015/TT-BGTVT dated April 27, 2015 and
Circular No. 33/2016/TT-BGTVT dated November 15, 2016, which comes into force
from November 15, 2020.
[12] This Article is amended by Clause 3 Article 1 of Circular
No. 19/2023/TT-BGTVT on amendment and annulment of several Articles under
Circulars relating to air transport, which comes into force from September 01,
2023.
[13] This Clause is annulled by Clause 4 Article 1 of Circular
No. 19/2023/TT-BGTVT on amendment and annulment of several Articles under
Circulars relating to air transport, which comes into force from September 1,
2023.
[14] Article 4 of Circular No. 21/2020/TT-BGTVT on amendments to
Circular No. 81/2014/TT-BGTVT dated December 30, 2014, Circular No.
14/2015/TT-BGTVT dated April 27, 2015 and Circular No. 33/2016/TT-BGTVT dated
November 15, 2016, which comes into force from November 15, 2020 stipulates
that:
“Article 4.
Implementation
1. This Circular comes
into force from November 15, 2020.
2. This Circular
annuls:
a) Circular No.
52/2018/TT-BGTVT dated October 15, 2018 of the Minister of Transport on
amendments to some Articles of the Circular No. 81/2014/TT-BGTVT dated December
30, 2014 on air transport and general aviation;
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3. Chief of Office,
the Chief Inspector, Directors, Director of Civil Aviation Authority of
Vietnam, heads of agencies, relevant organizations and individuals shall be responsible
for the implementation of this Circular./.
Article 5 of Circular No.
19/2023/TT-BGTVT on amendment and annulment of several Articles under Circulars
relating to air transport, which comes into force from September 01, 2023
stipulates that:
”Article 5. Entry
into force
1. This Circular comes
into force from September 01, 2023.
2. Registration for
issuance of house airway bills submitted to Civil Aviation Authority of Vietnam
before the effective date hereof shall conform to Circular No. 21/2020/TT-BGTVT.
3. Certificate of
registration for house airway bills issued before the effective date hereof
shall remain valid until it is revoked.
4. Chief of Office,
the Chief Inspector, directors, Director of Civil Aviation Authority of
Vietnam, heads of agencies, relevant organizations and individuals shall be
responsible for the implementation of this Circular./.
[15] This Appendix is replaced according to Clause 11 Article 1
of Circular No. 21/2020/TT-BGTVT on amendments to Circular No. 81/2014/TT-BGTVT
dated December 30, 2014, Circular No. 14/2015/TT-BGTVT dated April 27, 2015 and
Circular No. 33/2016/TT-BGTVT dated November 15, 2016, which comes into force
from November 15, 2020.
[16] This Appendix is annulled according to Clause 10 Article 1
of Circular No. 21/2020/TT-BGTVT on amendments to Circular No. 81/2014/TT-BGTVT
dated December 30, 2014, Circular No. 14/2015/TT-BGTVT dated April 27, 2015 and
Circular No. 33/2016/TT-BGTVT dated November 15, 2016, which comes into force
from November 15, 2020.
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[18] This Appendix is replaced according to Clause 11 Article 1
of Circular No. 21/2020/TT-BGTVT on amendments to Circular No. 81/2014/TT-BGTVT
dated December 30, 2014, Circular No. 14/2015/TT-BGTVT dated April 27, 2015 and
Circular No. 33/2016/TT-BGTVT dated November 15, 2016, which comes into force
from November 15, 2020.
[19] This Appendix is replaced by Clause 5 Article 1 of Circular
No. 19/2023/TT-BGTVT on amendment and annulment of several Articles under
Circulars relating to air transport, which comes into force from September 1,
2023.
[20] This Appendix is replaced by Clause 5 Article 1 of Circular
No. 19/2023/TT-BGTVT on amendment and annulment of several Articles under
Circulars relating to air transport.
[21] This Appendix is added according to Clause 12 Article 1 of
Circular No. 21/2020/TT-BGTVT on amendments to Circular No. 81/2014/TT-BGTVT
dated December 30, 2014, Circular No. 14/2015/TT-BGTVT dated April 27, 2015 and
Circular No. 33/2016/TT-BGTVT dated November 15, 2016, which comes into force
from November 15, 2020.
[22] This Appendix is replaced by Clause 6 Article 1 of Circular
No. 19/2023/TT-BGTVT on amendment and annulment of several Articles under
Circulars relating to air transport, which comes into force from September 01,
2023.
[23] This Appendix is added according to Clause 12 Article 1 of
Circular No. 21/2020/TT-BGTVT on amendments to Circular No. 81/2014/TT-BGTVT
dated December 30, 2014, Circular No. 14/2015/TT-BGTVT dated April 27, 2015 and
Circular No. 33/2016/TT-BGTVT dated November 15, 2016, which comes into force
from November 15, 2020.