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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: 46/2017/TB-LPQT
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Hà Nội, ngày 30
tháng 10 năm 2017
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THÔNG BÁO
VỀ
VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Điều 56 của Luật Điều
ước quốc tế năm 2016, 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 I-ta-li-a, ký tại Rô-ma ngày 21
tháng 6 năm 2013, có hiệu lực kể từ ngày 12 tháng 9 năm 2017.
Bộ Ngoại giao trân trọng gửi bản sao Hiệp định
theo quy định tại Điều 59 của Luật nêu trên./.
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TL. BỘ TRƯỞNG
VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
Lê Thị Tuyết Mai
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AIR SERVICES
AGREEMENT
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE
ITALIAN REPUBLIC
The Government of the Socialist Republic of
Viet Nam and the Government of the Italian Republic, hereinafter referred to as
the “Contracting Parties”;
Being Parties to the Convention on
International Civil Aviation opened for signature at Chicago, on 7th day of
December 1944;
Being equally desirous to conclude an
Agreement for the purpose of establishing and operating scheduled 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:
1. “Member States shall mean Member States of
the European Union and “EU Treaties” shall mean the Treaty on the European
Union and the Treaty on the Functioning of the European Union.
2. References in this Agreement to nationals
of the Italian Republic shall be understood as referring to nationals of Member
States of the European Union or to nationals of other states listed in Annex 2.
3. References in this Agreement to airline(s)
of the Italian Republic shall be understood as referring to airline(s)
designated by the Italian Republic
4. The term “Aeronautical Authorities” means,
in the case of the Socialist Republic of Viet Nam, the Civil Aviation Authority
of Viet Nam, Ministry of Transport and any person or body authorized and, in
the case of the Italian Republic, the Ministry of Infrastructures and Transport
and any person or body authorized to perform any functions at present exercised
by the said Authority or similar functions to perform any functions at present
exercised by the said Organization or similar functions.
5. 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:
a) any amendment thereto which has entered
into force under Article 94 (a) thereof and has been ratified by both
Contracting Parties; and
b) any Annex or any amendments thereto
adopted under Article 90 of that Convention, insofar as such amendment or Annex
is at any given time effective for those Contracting Parties.
6. The term “Agreement” means this Agreement,
the Annexes attached thereto, and any Protocols or similar documents amending
this Agreement or the Annexes.
7. The term “designated airline” means, any
airline which has been designated and authorized in accordance with the
provisions of Article 3 of this Agreement.
8. The term “agreed services” means scheduled
air services on the routes specified in Annex 1 to this Agreement for the
transport of passengers, cargo and mail, separately or in combination.
9. The term “capacity” in relation to an
aircraft means, the payload of that aircraft available on a route or section of
a route and the term “capacity” in relation to “an agreed service” means, the
capacity of the aircraft used on such service, multiplied by the frequency
operated by such aircraft over a given period and a route or section of a
route.
10. The term “territory” means the land areas
(mainland and islands), internal waters and territorial sea, and the airspace
above them, under the sovereignty of a Contracting Party.
11. The terms “air service”, “international
air service”, “airline” and “stop for non-traffic purposes” shall have the
meanings respectively assigned to them in Article 96 of the Convention.
12. The term “code sharing” means an
operation performed by one designated airline using the code letter and the
flight number of another airline in addition to its own code letter and flight
number.
13. The term “tariff means the price to be
charged for the carriage of passengers, baggage and cargo and the conditions
under which those prices apply, including prices and conditions for agency and
other auxiliary services performed by the carrier in connection with the air
transportation but excluding remuneration and conditions for the carriage of
mail.
14. The term “user charge” means a charge
made to airlines for the provision of airport, air navigation or aviation
security property or facilities.
It is understood that the titles given to the
Articles of this Agreement do in no way restrict or extend the meanings of any
of the provisions of this Agreement.
Article
2
Grant
of Rights
1. Each Contracting Party grants to the other
Contracting Party the rights specified in this Agreement for the conduct of
scheduled international air services by the airline(s) of the other Contracting
Party as follows:
a) To fly, without landing,
across the territory of the other Contracting party;
b) To make stops in the said territory for
non traffic purposes.
2. The airline(s) designated by each
Contracting Party, while operating on the specified routes, shall enjoy the
privilege to make stops in the said territory at the points on the route(s)
specified in the Route Schedule (Annex 1) annexed to this Agreement for the
purpose of taking on board and discharging international traffic in passengers,
cargo and mail, separately or in combination.
3. Nothing in the provisions of paragraph (1)
shall be deemed to confer on the airline(s) of one Contracting Party the right
to take on board, in the territory of the other Contracting Party, passengers,
cargo or mail carried for remuneration or hire and destined for another point
in the territory of the other Contracting Party.
Article
3
Designation
and Authorizations
1. Each Contracting Party shall have the
right to designate, and inform in writing, the other Contracting Party, one or
more airlines for the purpose of operating the agreed services on the specified
routes, and to withdraw or alter such designations.
2. On receipt of such a designation the other
Contracting Party shall grant the appropriate authorizations and permissions
with the minimum procedural delay, provided:
a) in the case of an airline designated by
the Italian Republic:
i) it is established in the territory of
Italy under the EU Treaties and has a valid Operating Licence in accordance
with the law of the European Union; and
ii) effective regulatory control of the
airline(s) is exercised and maintained by the Member State of the European
Union responsible for issuing its Air Operator’s Certificate and the relevant
aeronautical authority is clearly identified in the designation; and
iii) the airline is owned, directly or
through majority ownership, or it is effectively controlled by Member States
and/or nationals of Member States, and/or by other states listed in Annex 2
and/or nationals of such other states;
b) in the case of an airline designated by
the Socialist Republic of Viet Nam:
i) it is established in the territory of the
Socialist Republic of Viet Nam and is licensed in accordance with the
applicable law of the Socialist Republic of Viet Nam; and
ii) the Socialist Republic of Viet Nam has
and maintains effective regulatory control of the airline(s); and
iii) the airline is owned directly or through
majority ownership by the Socialist Republic of Viet Nam and/or nationals of
the Socialist Republic of Viet Nam, or is effectively controlled by such state
and/or its nationals;
c) the designated airline is qualified to
meet the conditions prescribed under the laws and regulations normally applied
- in conformity with the provisions of the Convention - to the operation of
international air services by the Party receiving the designation.
3. On receipt of the operating authorization
of paragraph 2, a designated airline may at any time begin to operate the
agreed services for which it is so designated, provided that the airline
complies with the applicable provisions of this Agreement.
Article
4
Suspension
and Revocation
1. Either Contracting Party may revoke,
suspend or limit the operating authorization or technical permissions of an
airline by the other Contracting Party, where:
a) in the case of an airline designated by
the Italian Republic:
i) it is not established in the territory of
the Italian Republic under the EU Treaties or does not have a valid Operating
Licence in accordance with the law of the European Union; or
ii) effective regulatory control of the
airline is not exercised or not maintained by the Member State of the European
Union responsible for issuing its Air Operator’s Certificate or the relevant
aeronautical authority is not clearly identified in the designation; or
iii) the airline is not owned, directly or
through majority ownership, or it is not effectively controlled by Member
States and/or nationals of Member States, and/or by other states listed in
Annex 2 and/or nationals of such other states;
b) in the case of an airline designated by
the Socialist Republic of Viet Nam:
i) it is not established in the territory of
the Socialist Republic of Viet Nam and is not licensed in accordance with the
applicable law of the Socialist Republic of Viet Nam; or
ii) the Socialist Republic of Viet Nam is not
maintaining effective regulatory control of the airline; or
iii) the airline is not owned directly or
through majority ownership by the Socialist Republic of Viet Nam and/or
nationals of the Socialist Republic of Viet Nam, or is not at all times
effectively controlled by such State and/or its nationals;
c) such airline is unable to prove that it is
qualified to fulfill the conditions prescribed under the laws and regulations
normally and reasonably applied in conformity with the Convention to the
operation of international air services by the Party receiving the designation;
or
d) the airline fails to comply with the laws
and/or regulations of the Contracting Party granting these rights; or
e) the airline otherwise fails to operate in
accordance with the conditions prescribed under this Agreement.
2. Unless immediate revocation or suspension
or imposition of the conditions mentioned in paragraph 1 of this Article is
essential to prevent further infringements of laws and/or regulations, such
right shall be exercised only after consultation with the other Contracting
Party, in conformity with Article 15 of this Agreement.
Article
5
Applicability
of laws and regulations
1. The laws, regulations and procedures of
one Contracting Party relating to entering into, remaining in or departing from
its territory of aircraft engaged in international air navigation or to the
operation and navigation of such aircraft shall be complied with by the
designated airline(s) of the other Contracting Party upon entry into, while
within and departure from the said territory.
2. The laws and regulations of one
Contracting Party relating to entry, clearance, staying or transit, emigration
or immigration, passports, customs and quarantine shall be complied with by the
designated airline(s) of the other Contracting Party and by or on behalf of its
crew, passengers, cargo and mail upon transit of, admission to, while within
and departure from the territory of such Contracting Party.
3. Passengers, baggage and cargo in direct
transit across the territory of one Contracting Party and not leaving the area
of the airport reserved for such purpose shall only be subject to a simplified
control. Baggage and cargo in direct transit shall be exempt from customs
duties and other similar taxes.
Article
6
Recognition
of Certificates and Licences
1. Certificates of airworthiness,
certificates of competency and licences issued or validated in accordance with
the laws and regulations of one Contracting Party, including in the case of the
Italian Republic the laws and regulations of the European Union, and unexpired
shall be recognised as valid by the other Contracting Party, for the puipose of
operating the agreed services, provided always that the requirements under
which such certificates or licences were issued or validated are equal or above
the minimum standards established under the Convention. Each Contracting Party
reserves the right, however to refuse to recognize, for the purpose of flights
above its own territory, certificates of competency and licences granted to its
own nationals or rendered valid for them by the other Contracting Party or by
any other State.
2. If the privileges or conditions of the
licences or certificates referred to in paragraph (1) above, issued by the
Aeronautical Authorities of one Contracting Party to any person or designated
airline or in respect of an aircraft operating the agreed services on the
specified routes would permit a difference from the standards established under
the Convention, and which difference has been filed with the International
Civil Aviation Organization, the Aeronautical Authorities of the other
Contracting Party may request consultations in accordance with Article 15 of
this Agreement with the Aeronautical Authorities of that Contracting Party with
a view to satisfying themselves that the practice in question is acceptable to
them. Failure to reach a satisfactory agreement will constitute grounds for the
application of Article 4 of this Agreement.
Article
7
Aviation
Safety
1. Each Contracting Party may request
consultations at any time concerning safety standards maintained in respect of
an airline designated by the other Contracting Party in any area relating to
aircrew, aircraft or their operation. Such consultations shall take place
within 30 days of that request.
2. If, following such consultations, one
Contracting Party finds that the safety standards in the areas referred to in
paragraph 1 that are at least equal to the minimum standards established at
that time pursuant to the Chicago Convention, are not being effectively
maintained and administered in respect of airline(s) designated by the other
Contracting Party, the first Contracting Party shall notify the other
Contracting Party of those findings and the steps considered necessary to
conform with the ICAO Standards and that other Contracting Party shall take
appropriate corrective action. Failure by the other Contracting Party to take
appropriate action within 15 days or such longer period as may be agreed, shall
be grounds for the application of Article 4 of this Agreement.
3. Notwithstanding the obligations mentioned
in Article 33 of the Chicago Convention it is agreed that any aircraft operated
by or on behalf of the designated airline or airlines of one Contracting Party
on services to or from the territory of the other Contracting Party may, while
within the territory of the other Contracting Party, be made the subject of an
examination by the authorised representatives of the other Contracting 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.
4. If any ramp inspection or series of ramp
inspections gives rise to:
a) serious concerns that an aircraft or the
operation of an aircraft does not comply with the minimum standards established
at that time pursuant to the Chicago 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 Chicago Convention,
the Contracting Party carrying out the
inspection shall, for the purposes of Article 33 of the Chicago Convention, be
free to conclude that the requirements under which the certificates 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
operated, are not equal to or above the minimum standards established pursuant
to the Chicago Convention.
5. In the event that access for the purpose
of undertaking a ramp inspection of an aircraft operated by the airline or
airlines of one Contracting Party in accordance with paragraph 3 above is
denied by the representative of that airline or airlines, the other Contracting
Party shall be free to infer that serious concerns of the type referred to in
paragraph 4 above arise and draw the conclusions referred in that paragraph.
6. Each Contracting Party reserves the right
to suspend or vary the operating authorisation of an airline or airlines of the
other Contracting Party immediately in the event the first Contracting Party
concludes, whether as a result of a ramp inspection, a series of ramp
inspections, a denial of access for ramp inspection, consultation or otherwise,
that immediate action is essential to the safety of an airline operation.
7. Any action by one Contracting Party in
accordance with paragraphs 2 or 6 above shall be discontinued once the basis
for the taking of that action ceases to exist.
8. Where the Italian Republic has designated
an air carrier whose regulatory control is exercised and maintained by another
Member State of the European Union, the rights of the Socialist Republic of
Viet Nam under this article shall apply equally in respect of the adoption,
exercise or maintenance of safety standards by that other Member State and in
respect of the operating authorisation of that air carrier.
Article
8
Aviation
Security
1. Consistent with their rights and
obligations under international law, the Contracting Parties reaffirm that
their obligation to each other to protect the security of civil aviation
against acts of unlawful interference forms an integral part of this Agreement.
Without limiting the generality of their rights and obligations under
international law, the Contracting Parties shall in particular act in
conformity with the provisions of the Convention of Offences and Certain 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 and 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 Against the Safety of
International Airports, signed at Montreal on 24 February 1988 and all other
international instruments in the same field which may be ratified in the future
by the Contracting Parties.
2. The Contracting Parties shall provide upon
request all necessary assistance to each other to prevent acts of unlawful
seizure of civil aircraft and other unlawful acts against the safety of such
aircraft, their passengers and crew, airports and air navigation facilities,
and any other threat to the security of civil aviation.
3. The Contracting Parties shall, in their
mutual relations, act in conformity with the aviation security provisions
established by the International Civil Aviation Organization and designated as
Annexes to the Convention on International Civil Aviation to the extent that
such security provisions are applicable to the Contracting Parties; they shall
require that operators of aircraft of their registry or operators of aircraft
which have their principal place of business or permanent residence in the
territory of the Contracting Parties or, in the case of the Italian Republic,
operators of aircraft which are established in its territory under the EU
Treaties and have valid Operating Licences in accordance with the law of the
European Union, and the operators of airports in their territory act in
conformity with such aviation security provisions.
4. Each Contracting Party agrees that its
operators of aircraft shall be required to observe, for departure from or while
within the territory of the other Contracting Party, aviation security
provisions in conformity with the law in force in that country, including, in
the case of the Italian Republic, the law of the European Union. Each
Contracting Party shall ensure that adequate measures are effectively applied
within its territory to protect the aircraft and to screen passengers and their
carry-on items and to carry out appropriate checks on crew, baggage, cargo and
aircraft stores prior to and during boarding or loading. Each Contracting Party
shall also give positive consideration to any request from the other
Contracting Party for reasonable special security measures to meet a particular
threat.
5. 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 occurs, the Contracting Parties shall assist each other by
facilitating communications and other appropriate measures intended to
terminate rapidly and safely such incident or threat thereof.
Article
9
Commercial
Opportunities
1. The designated airline(s) of one
Contracting Party shall have the right to maintain its own representation in
the territory of the other Contracting Party.
2. The designated airline(s) of one
Contracting Party may, in accordance with the laws and regulations of the other
Party relating to entry, residence and employment, bring in and maintain in the
territory of the other Contracting Party managerial, sales, technical,
operational and other specialist staff required for the provision of air
services.
3. In case of nomination of a general agent
or a general sales agent, this agent shall be appointed in accordance with the
relevant applicable laws and regulations of each Contracting Party.
4. Each designated airline shall have the
right to engage in the sale of air transportation in the territory of the other
Contracting Party directly or through its agents and any person shall be able
to purchase such transportation in accordance with the relevant applicable laws
and regulations.
5. Each Party shall permit airline(s) of the
other Party to convert and transmit abroad, all local revenues from the sale of
air transport services and associated activities directly linked to air
transport in excess of sums locally disbursed, including the related banking
interests without any delay or limitation, with conversion and remittance
permitted promptly at the rate of exchange applicable as of the date of the
request for conversion and remittance.
6. If one Contracting Party imposes restrictions
on the transfer of the excess of receipts achieved by the designated airline(s)
of the other Contracting Party, the other Party will also have the right to
impose the same restrictions to the other Contracting Party’s airline(s).
7. Subject to the laws and regulations of
each Contracting Party including, in the case of Italy, the law of the European
Union, each designated airline shall have in the territory of the other
Contracting Party the right to perform its own ground handling (“self-handling”)
or, at its option, the right to select among competing suppliers that provide
ground handling services in whole or in part. Where such laws and regulations
limit or preclude self-handling and where there is no effective competition
between suppliers that provide ground handling services, each designated
airline shall be treated on a non-discriminatory basis as regards their access
to self-handling and ground handling services provided by a supplier or
suppliers.
Article
10
Exemption
from customs and other duties
1. Each Contracting Party shall, on the basis
of reciprocity, exempt the designated airline(s) of the other Contracting Party
under its relevant applicable law from import restrictions, customs duties,
other taxes, inspection fees and other national duties and charges on aircraft,
fuel, lubricating oils, consumable technical supplies, spare parts including
engines, regular aircraft equipment, aircraft stores and other items intended
for use or used solely in connection with the operation or servicing of
aircraft of the designated airline(s) of such other Contracting Party operating
the agreed services, as well as the office equipment introduced in the
territory of either Contracting Party in order to be used in the offices of the
designated airline(s) within the limits of the international airports to which
the designated airline(s) operates, ticket stock, air way bills, any printed
material which bears the insignia of the company printed thereon and usual
publicity material distributed without charge by that designated airline.
2. The exemptions granted by this Article
shall apply to the items referred to in paragraph (1) of this Article:
a) introduced in the territory of one
Contracting Party by or on behalf of the designated airline(s) of the other Contracting
Party;
b) retained on board aircraft of the
designated airline(s) of one Contracting Party upon arriving in or leaving the
territory of the other Contracting Party;
c) taken on board aircraft of the designated
airline(s) of the other Contracting Party and intended for use in operating the
agreed services; whether or not such items are used or consumed wholly within
the territory of the Contracting Party granting the exemption, provided that
the ownership and/or use of such items is not transferred in the territory of
the said Contracting Party.
3. The regular airborne equipment, as well as
the materials and supplies normally retained on board the aircraft of either
Contracting Party may be unloaded in the territory of the other Contracting
Party only with the approval of the Customs Authorities of that Contracting
Party. In such case, they may be placed under supervision of the said
authorities up to such time as they are re-exported or otherwise disposed of in
accordance with customs regulations.
Article
11
User
Charges
1. User charges, that may be imposed by the
relevant Authorities or bodies from one Party on the designated airline(s) of
the other Party for the use of airport facilities and services, safety,
security, air navigation and other facilities under their control shall be
just, reasonable, non discriminatory and equitably apportioned among categories
of users.
2. Each of the Contracting Parties agree,
however, that such charges shall not be higher than would be paid for the use
of such airports and facilities by its national aircraft engaged in similar
international services.
Article
12
Capacity
Regulations and Approval of Timetables
1. The designated airline(s) of the
Contracting Parties shall be afforded fair and equal treatment in order that
they may enjoy equal opportunities in the operation of the agreed services on
the specified routes.
2. In operating the agreed services the
designated airline(s) of each Contracting Party shall take into account the
interests of the designated airline(s) of the other Contracting Party so as not
to affect unduly the services which the latter provide on the whole or part of
the same routes.
3. The agreed services provided by the
designated airline(s) of the Contracting Parties shall have as their primary
objective the provision, at a reasonable load factor, of capacity adequate to
carry the current and reasonably anticipated requirements for carriage of
passengers, cargo and mail between the territory of the Contracting Party
designating the airline(s) and the territory of the other Contracting Party.
4. Provision for the carriage of passengers,
cargo and mail both taken on board and discharged at points on routes to be
specified in the territories of states other than that designating the
airline(s) shall be agreed upon between the Aeronautical Authorities of the two
Contracting Parties.
5. The capacity to be provided including the
frequency of services by the designated airline(s) of the Contracting Parties
on the agreed services shall be agreed upon by the Aeronautical Authorities.
6. In case of disagreement between the
Contracting Parties, the issues referred to in paragraph 5 above shall be
settled in accordance with the provisions of Article 16 of this Agreement.
Until such agreement has been reached, the capacity provided by the designated
airline(s) shall remain unchanged.
7. The designated airline(s) of each
Contracting Party shall submit for approval to the Aeronautical Authorities of
the other Contracting Party not later than (30) thirty days prior to the
introduction of services on the specified routes the flight timetables. This
shall, likewise, apply to later changes. In special cases, this time limit may
be reduced subject to the approval of the said Authorities.
Article
13
Air
Transport Tariffs
1. Each Contracting Party shall allow tariffs
for air services to be established freely by each designated airline.
2. Neither Contracting Party may require
notification or filing of any tariff to be charged by an airline or airlines
designated under this Agreement.
The tariffs shall be established at
reasonable levels, due regard being paid to all relevant factors, including
interests of users, cost of operation, characteristics of service, reasonable
profit and other commercial considerations in the market-place. The tariffs
cannot be unreasonably discriminatory, unduly high, artificially low or
restrictive.
Article
14
Supply
of Statistics
The Aeronautical Authorities of either
Contracting Party shall supply to the Aeronautical Authorities of the other
Contracting Party, at their request, such information and statistics relating
to the traffic carried on the agreed services by the designated airline(s) of
the first Contracting Party to and from the territory of the other Contracting
Party as may normally be prepared and submitted by the designated airline(s) to
their national Aeronautical Authorities. Any additional statistical traffic
data which the Aeronautical Authorities of one Contracting Party may desire
from the Aeronautical Authorities of the other Contracting Party shall, upon
request, be a subject of mutual discussion and agreement between the two
Contracting Parties.
Article
15
Consultations
and Modifications
1. Each Contracting Party or its Aeronautical
Authorities may at any time request consultations with the other Contracting
Party or with its Aeronautical Authorities.
2. A consultation requested by one of the
Contracting Parties or their Aeronautical Authorities shall begin within a
period of sixty (60) days from the date of receipt of the request.
3. This Agreement may be modified by mutual
consent by the Contracting Parties. Any modification to this Agreement shall
enter into force on the date of the last notification whereby the Contracting
Parties notify each other in writing, through the diplomatic channel, of the
fulfillment of their legal procedures for its entry into force.
4. Notwithstanding the provisions of
paragraph (3), modifications to the route schedule (Annex 1) annexed to this
Agreement may be agreed directly in writing between the Aeronautical
Authorities of the Contracting Parties.
Article
16
Settlement
of Disputes
1. If any dispute arises between, the
Contracting Parties relating to the interpretation or application of this Agreement
and its Annexes, the Contracting Parties shall in the first place endeavour to
settle it by negotiations.
2. If the Contracting Parties fail to reach a
settlement by negotiation of the said dispute, it shall be settled through
diplomatic channels and according to the laws and regulations of each
Contracting Party.
Article
17
Termination
Either Contracting Party may at any time give
written notice to the other Contracting Party of its intention to terminate
this Agreement, through diplomatic channels; such notice shall simultaneously
be communicated to the International Civil Aviation Organization.
In such case the Agreement shall terminate
twelve months after the date of receipt of the notice by the other Contracting
Party, unless the notice to terminate is withdrawn by agreement before the
expiry of this period. In the absence of acknowledgement of receipt by the
other Contracting 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
18
Conformity
with Multilateral Conventions
If a general multilateral air transport
convention or agreement, comes into force in respect of both Contracting
Parties, this Agreement and its Annexes shall be deemed to be amended
accordingly.
Article
19
Registration
This Agreement, its Annexes and all
amendments thereto shall be registered with the International Civil Aviation
Organization.
Article
20
Entry
into Force
This Agreement shall enter into force on the
date of the last notification whereby the Contracting Parties notify each other
in writing, through the diplomatic channel, of the fulfillment of their legal
procedures for its entry into force.
In witness thereof, the undersigned being duly
authorized by their respective Governments, have signed this Agreement.
Done at ROME in two original copies, on 21
June 2013, in the English language.
|
For the Government
of the Socialist Republic of Viet Nam
PHAM QUY TIEU
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For the Government
of the Italian Republic
BRUNO ARCHI
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ANNEX
1
Route Schedule
Routes to be operated by the designated
airline or airlines of the Italian Republic:
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Points of departure
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Intermediate Points
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Points in Viet Nam
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Beyond Points
|
|
Points in Italy
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Any points
|
Ha Noi and/or Ho Chi Minh City and/or a
third point in Viet Nam to be freely selected
|
Any points
|
Routes to be operated by the designated
airline or airlines of the Socialist Republic of Viet Nam:
|
Points of departure
|
Intermediate Points
|
Points in Italy
|
Beyond Points
|
|
Points in Viet Nam
|
Any points
|
Rome and/or Milan and/or a third point in
Italy to be freely selected
|
Any points
|
Notes
a) Intermediate and beyond points will be
operated without any directional or geographical constraints.
b) The right of the designated airline(s) of
either Contracting Party to transport passengers, cargo and mail between the
points in the territory of the other Contracting Party and points in the
territory of third parties shall be discussed and agreed upon by the
aeronautical authorities of the two Contracting Parties.
c) The airline(s) may omit any point provided
that the services originate or terminate in its home Country.
ANNEX
2
List of other States
referred to in Article 1 of this Agreement
(a) Republic of Iceland (under the Agreement
on the European Economic Area);
(b) The Principality of Liechtenstein (under
the Agreement on the European Economic Area);
(c) The Kingdom of Norway (under the
Agreement on the European Economic Area);
(d) The Swiss Confederation (under the
Agreement between the European Community and the Swiss Confederation on Air
Transport).