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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:
50/2011/TB-LPQT
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Hà
Nội, ngày 20 tháng 10 năm 2011
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại khoản 3 Điều 47 của Luật Ký kết, gia nhập và thực hiện điều ước quốc
tế năm 2005, Bộ Ngoại giao trân trọng thông báo:
Hiệp định vận chuyển hàng không
giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ nước Cộng
hòa dân chủ nhân dân Lào, ký tại Hà Nội ngày 15 tháng 9 năm 2010, có hiệu lực kể
từ ngày 29 tháng 9 năm 2011.
Bộ Ngoại giao trân trọng gửi Bản
sao lục Hiệp định theo quy định tại Điều 68 của Luật nêu trên./.
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TL.
BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
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 LAO PEOPLE'S
DEMOCRATIC REPUBLIC
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AIR SERVICES AGREEMENT
BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
AND THE GOVERNMENT OF THE LAO PEOPLES DEMOCRATIC REPUBLIC
The Government of the Socialist
Republic of Viet Nam and the Government of the Lao Peoples Democratic Republic
(hereinafter, "the Contracting Parties");
Desiring to promote an
international aviation system based on competition among airlines in the
marketplace with minimum government interference and regulation;
Desiring to facilitate the
expansion of international air transport opportunities:
Desiring to make it possible for
airlines to offer the traveling and shipping public a variety of service
options at the lowest prices that are not discriminatory and do not represent
abuse of a dominant position, and wishing to encourage individual airlines to
develop and implement innovative and competitive prices;
Desiring to ensure the highest
degree of safety and security in international air transport and reaffirming
their grave concern about acts or threats against the security of aircraft,
which jeopardize the safety of persons or property adversely affect the
operation of air services, and undermine public confidence in the safety of
civil aviation: and
Being Contracting Panics to the
Convention on International Civil Aviation. opened for signature at Chicago on
December 7, 1944;
Have agreed as follows:
Article 1.
Definitions
For the purposes of this
Agreement, unless otherwise stated, the term
1. "Aeronautical
authorities" means, in the case of the Socialist Republic of Viet Nam, the
Civil Aviation Administration of Viet Nam, the Ministry of Transport, and in
the case of the Lao People's Democratic Republic, the Department of Civil
Aviation, the Ministry of Public Works and Transport, or in both cases any
other authority or person empowered to perform the functions now exercised by
the said authorities;
2. "Agreement" means
this Agreement, its Annexes, and any amendments thereto;
3. "Air services"
means the public carriage by aircraft of passengers, baggage- cargo, and mail,
separately or in combination, for remuneration or hire;
4. "Convention" means
the Convention on International Civil Aviation, opened for signature at Chicago
on December 7, 1944, and includes:
a) any amendment that has
entered into force under Article 94(a) of the Convention and has been ratified
by both Contracting Parties, and
b) any Annex or am amendment
thereto adopted under Article 90 of the Convention, insofar as such Annex or
amendment is at any given time effective for both Contracting Parties;
5. "Designated
airline" means an airline designated and authorized in accordance with
Article 3 (Designation and Authorization) of this Agreement;
6. "Full cost" means
the cost of providing service plus a reasonable charge for administrative
overhead;
7. "International air
services" means air services that passes through the airspace of the
territory of more than one State;
8. "Price" means any
fare, rate or charge for the carriage of passengers (and their baggage) and/or
cargo (excluding mail) in air services charged by airlines, including their
agents, and the conditions governing the availability of such fare, rate or
charge;
9. "Stop for non-traffic
purposes" means a landing for any purpose other than taking on or
discharging passengers, baggage, cargo and/or mail in air services;
10. "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. "User charge"
means a charge imposed on airlines for the provision of airport, air
navigation, or aviation security facilities or services including related
services and facilities;
12. "Intermodal air
services" means the public carriage by aircraft and b\ one or more surface
modes of transport of passengers, baggage, cargo and mail, separately or in
combination, for remuneration or hire;
Article 2.
Grant of Rights
1. Each Contracting Party grants
to the other Contracting Party the following rights for the conduct of
international air services by the airlines of the other Contracting Party:
a) the right to fly across its
territory without landing;
b) the right to make stops in
its territory for non-traffic purposes: and
c) the rights otherwise
specified in this Agreement.
2. Nothing in this Article shall
be deemed to confer on the airline or airlines of one Contracting Party the
rights to take on board, in the territory of the other Contracting Party,
passengers, their baggage, cargo, or mail carried for compensation and destined
for another point in the territory of that other Contracting Party.
Article 3.
Designation and Authorization
Each Contracting Party shall
have the right to designate in writing to the other Contracting Party as many
airlines as it wishes to operate the agreed air services in accordance with
this Agreement and to withdraw or alter such designation.
On receipt of such a
designation, and of applications from the designated airline, in the form and
manner prescribed for operating authorizations and technical permissions, the
other Contracting Party shall grant appropriate authorizations and permissions
with minimum procedural delay, provided:
a) the designated airline is
incorporated in and has its principal place of business in the territory of the
Contracting Part) that designates the airline in which the Contracting Party
designating the airline, has and maintains effective regulatory control of that
airline, provided that such arrangements will not be equivalent to allowing
airline(s) or its subsidiaries access to traffic rights not otherwise available
to that airline(s); and
b) the Contracting Party
designating the airline is maintaining and administering the standards set
forth in Article 6 (Safety) and Article 7 (Aviation Security); and
c) the designated airline is
qualified to meet the conditions prescribed under the laws and regulations
normally applied to the operation of international air services by the
Contracting Party considering the application or applications.
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.
Withholding, Revocation and Limitation of Authorization
1. The aeronautical authorities
of each Contracting Party shall have the right to withhold the authorizations
referred to in Article 3 (Designation and Authorization) of this Agreement with
respect to an airline designated by the other Contracting Party, and to revoke,
suspend or impose conditions on such authorizations, temporarily or
permanently:
a) the airline has failed to
prove that it is qualified under Article 3 paragraphs 2 (a) as applicable; or
b) in the event that they are
not satisfied that the other Contracting Party is maintaining and administering
the standards as set forth in Article 6 (Safety) and Article 7 (Aviation
Security); or
c) in the event of failure that
such designated airline is qualified to meet other conditions prescribed under
the laws and regulations normally applied to the operation of international air
transport services by the Contracting Party considering the application or
applications.
2. Unless immediate action is
essential to prevent infringement of the laws and regulations referred to above
or unless safety or security requires action in accordance with the provisions
of Article 6 (Safety) or Article 7 (Aviation Security), the rights enumerated
in Paragraph 1 of this Article shall be exercised only after consultations
between the aeronautical authorities in conformity with Article 16
(Consultations) of this Agreement.
Article 5.
Application of Laws, Regulations and Rules
1. While entering, within, or
leaving the territory of one Contracting Party, its laws and regulations relating
to the operation and navigation of aircraft shall be complied with by the other
Contracting Party's airlines.
2. While entering, within, or
leaving the territory- of one Contracting Party, its laws and regulations
relating to the admission to or departure from its territory of passengers,
crew or cargo on aircraft (including regulations relating to entry, clearance,
aviation security, immigration, passports, customs and quarantine or. in the
case of mail, postal regulations) shall be complied with by, or on behalf of
such passengers, crew or cargo of the other Contracting Party's airlines.
Article 6.
Safety
1. Each Contracting Party shall
recognize as valid, for the purpose of operating the air services provided for in
this Agreement, certificates of airworthiness, certificates of competency, and
licenses issued, or validated by the other Contracting Party and still in
force, provided that the requirements for such certificates or licenses at
least equal the minimum standards which may be established pursuant to the
Convention, Each Contracting Party reserves the right, however, to refuse to
recognize as valid for the purpose of flight above its own territory,
certificates of competency and licenses granted to or validated for its own
nationals by the other Contracting Party.
2. Each Contracting Party may
request consultations concerning the safety and security standards maintained
by the other Contracting Party relating to aeronautical facilities, aircrew,
aircraft, and operation of that Contracting Party's designated airline(s). If,
following such consultations, one Contracting Party finds that the other
Contracting Party does not effectively maintain and administer safety and
security standards and requirements in these areas that at least equal the
minimum standards which may be established pursuant to the Convention, the
other Contracting Party shall be notified of such findings and the steps
considered necessary to conform with these minimum standards: and the other
Contracting Party shall take appropriate corrective action.
Article 7.
Aviation Security
1. In accordance 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 laws, the Contracting Parties shall in particular act in
conformity with the provisions of the Convention on Offenses and Certain Other
Acts Committed on Hoard 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;
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, of their passengers and crew, and of airports and air
navigation facilities, and to address any other threat to the security of civil
air navigation;
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; they shall require that operators of
their registry, operators of aircraft who have their principal place of
business or permanent residence in their territory, and the operators of
airports in their territory act in conformity with such aviation security
provisions;
4. Each Contracting Party agrees
to observe the security provisions required by the other Contracting Party for
entry into the territory of that other Contracting Party and to take adequate
measures to protect aircraft and to inspect crew, and their carry-on items, as
well as cargo and aircraft stores. prior to and during loading or unloading.
Each Contracting Party shall also give positive consideration to any request
from the other Contracting Party for special security measures to meet a
particular threat;
5. When an incident or threat of
an incident of unlawful seizure of aircraft or other unlawful acts against the
safety of aircraft, 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;
6. When a Contracting Party has
reasonable grounds to believe that the other Contracting Party has departed
from the aviation security provisions of this Article, the aeronautical authorities
of that Contracting Party may request immediate consultations with the
aeronautical authorities of the other Contracting Party. Failure to reach a
satisfactory agreement within 15 days from the date of such request shall
constitute grounds to withhold, revoke, limit, or impose conditions on the
operating authorization and technical permissions of an airline or airlines of
that Contracting Party.
7. Each Contracting Party shall
require the airlines of the other Contracting Parties providing service to that
Contracting Party to submit a written operator security programme which has
been approved by the aeronautical authority of the Contracting Parties of that
airlines for acceptance.
Article 8.
Commercial Opportunities
1. In accordance with the laws
and regulations of the other Contracting Party, the designated airline of one
Contracting Party shall have the right:
a) in relation to entry,
residence and employment, to bring in and maintain in the territory of the
other Contracting Party managerial and other specialist staff, office equipment
and other related equipment and promotional materials required for the
operation of international air freight services;
b) to establish offices in the
territory of the other Contracting Party for the purposes of provision,
promotion and sale of air services;
c) to engage in the sale of air
transportation in the territory of the other Contracting Party directly and. at
its discretion, through its agents; to sell such transportation, and any person
shall be free to purchase such transportation in local currency of that
territory or, subject to the national laws and regulations, in freely
convertible currencies of other countries;
d) to convert and remit to the
territory of its incorporation, on demand, local revenues in excess of sums
locally disbursed. Conversion and remittance shall be permitted promptly
without restrictions or taxation in respect thereof at the rate of exchange
applicable to current transactions and remittance on the date the carrier makes
the initial application for remittance. Such conversion and remittance shall be
made in accordance with the foreign exchange regulations of the Contracting
Party concerned;
e) to pay for local expenses,
including purchases of fuel, in the territories of the other Contracting
Parties in local currency. At their discretion, the airlines of each
Contracting Party may pay for such expenses in the territory of the other
Contracting Parties in freely convertible currencies according to local
currency regulation.
2. In operating or holding out
the authorised services on the agreed routes, the designated airline(s) may,
subject to national laws and regulations, enter into cooperative marketing
arrangements which may include but not limited to code-sharing, block-space
with:
a) an airline or airlines of the
same Contracting Party;
b) an airline or airlines of the
other Contracting Party;
c) an airline or airlines of the
third countries; and
d) a surface transportation
provider of either Contracting Party.
Provided that all participants
in such arrangements hold the appropriate authority and meet the requirements
applied to such arrangements.
3. Subject to the national law
of each Contracting Party, any designated airline(s) and indirect providers of
cargo transportation of each Contracting Parties shall be permitted without
restriction to employ in connection with international air freight services any
surface transportation for cargo to or from any points within or outside the
territories of the Contracting Panics, including transport to and from all
airports with customs facilities, and including, where applicable, the right to
transport cargo in bond under applicable laws and regulations. Such cargo,
whether moving by surface or by air, shall have access to airport customs processing
and facilities. Subject to the national law of each Contracting Party, the
designated airline(s) may elect to perform their own surface transportation or
to provide it through arrangements with other surface carriers, including
surface transportation operated by other airlines and indirect providers of
cargo air transportation. Such intermodal air services may be offered at a
single, through price for the air and surface transportation combined, provided
that shippers are not misled as to the facts concerning such transportation.
Article 9.
Customs Duties and Charges
1. Each Contracting Party shall
on the basis of reciprocity exempt a designated airline of the other
Contracting Party to the fullest extent possible under its national law from
customs duties, excise 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, such as printed air waybills, any printed material which bears the
insignia of the company printed thereon and usual publicity material
distributed free of charge by that designated airline, intended for use or used
solely in connection with the operation or servicing of aircraft of the
designated airline of such other Contracting Party operating the agreed
services.
2. The exemptions granted by
this Article shall apply to the items referred to in Paragraph 1:
a) introduced into the territory
of the Contracting Party by or on behalf of the designated airline of the other
Contracting Party;
b) retained on board aircraft of
the designated airline of one Contracting Party upon arrival in or leaving the
territory of the other Contracting Party; or
c) taken on board aircraft of
the designated airline of one Contracting Party in the territory 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 the ownership 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 a designated airline of either Contracting Party, may be unloaded
in the territorv of the other Contracting Party only with the approval of the
customs authorities of that territory. In such case, they may be placed under
the supervision of the said authorities up to such time as they are re-exported
or otherwise disposed of in accordance with customs regulations.
4. The exemptions provided by
this Article shall also be available where the designated airline(s) of one
Contracting Party have contracted with another designated airline, which
similarly enjoys such exemptions from another Contracting Party or Contracting
Parties, for the loan or transfer in the territory' of the other Contracting
Party or Contracting Parties of the items specified in Paragraph 1 of this
Article.
Article. 10
User Charges
1. User charges that may be
imposed by the competent charging authorities or bodies of each Contracting
Party on the airlines of the other Contracting Party shall be just, reasonable,
not unjustly discriminatory, and equitably apportioned among categories of
users. In any event, any such user charges shall be assessed on the airlines of
the other Contracting Party on terms not less favorable than the most favorable
terms available to any other airline at the time the charges are assessed.
2. User charges imposed on the
airlines of the other Contracting Party may reflect, but shall not exceed, the
full cost to the competent charging authorities or bodies of providing the
appropriate airport, airport environmental, air navigation, and aviation
security facilities and services at the airport or within the airport system.
Such charges may include a reasonable return on assets, after depreciation.
Facilities and services for which charges are made shall be provided on an
efficient and economic basis.
3. Each Contracting Party shall
encourage consultations between the competent charging authorities or bodies in
its territory and the airlines using the services and facilities, and shall
encourage the competent charging authorities or bodies and the airlines to
exchange such information as may be necessary to permit an accurate review of
the reasonableness of the charges in accordance with the principles of
Paragraphs 1 and 2 of this Article. Each Contracting Party shall encourage the
competent charging authorities to provide users with reasonable notice of any
proposal for changes in user charges to enable users to express their views
before changes are made.
4. Neither Contracting Party
shall be held, in dispute resolution procedures pursuant to Article 17
(Settlement of Disputes), to be in breach of a provision of this Article,
unless (a) it fails to undertake a review of the charge or practice that is the
subject of complaint by the other Contracting Party within a reasonable amount
of time; or (b) following such a review it fails to take all steps within its
power to rented} any charge or practice that is inconsistent with this Article.
Article 11.
Fair Competition
Each Contracting Party agrees:
a) that each designated airline
shall have a fair and equal opportunity to compete in providing the
international air services governed by the agreement; and
b) to lake action lo eliminate
all forms of discrimination or unfair competitive practices adversely affecting
the competitive position of a designated airline of the other Contracting
Party.
Article 12.
Tariffs
1. The tariffs to be applied by
the designated airline or airlines of a Contracting Party for services covered
by this Agreement 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, tariffs of other airlines, and
other commercial considerations in the marketplace.
2. Tariffs charged by airlines
shall not be required to be filed with, or approved, by either Contracting
Party.
3. The Contracting Parties agree
to give particular attention to tariffs that may be objectionable because they
appear unreasonably discriminatory, unduly high or restrictive because of the
abuse of a dominant position, or artificially low because of direct or indirect
governmental subsidy or support or other anti-competitive practices.
4. The Contracting Parties shall
ensure that the designated airlines provide the general public with full and
comprehensive information on their air fares and rates and the conditions
attached in advertisements to the public concerning their fares.
Article 13.
Statistics
The aeronautical authorities of
each Contracting Party shall provide the aeronautical authorities of the other
Contracting Parties, upon request, with periodic statistics or other similar
information relating to the traffic carried on the agreed services.
Article 14.
Operation of Leased Aircraft
1. When a designated airline
proposes to use an aircraft other than one owned by it on the services provided
hereunder, this would only be done on the following conditions:
a) that such arrangements will
not be equivalent to allowing a lessor airline of third Party access to traffic
rights not otherwise available to that airline;
b) that the financial benefit to
be obtained by the lessor airline will not be dependent on the profit or loss
of the operation of the designated airline concerned; and
c) that the responsibility for
the continued airworthiness and the adequacy of operating and maintenance
standards of any leased aircraft operated by an airline designated by one
Contracting Party will be established in conformity with the Convention.
2. A designated airline is not
otherwise prohibited from providing services using leased aircraft provided
that any lease arrangement entered into satisfies the conditions listed above.
Article 15.
Safeguards
1. The Contracting Parties agree
that the following airline practices may be regarded as possible
anti-competitive practices that may merit closer examination:
a) charging fares and rates on
routes at levels which are, in the aggregate, insufficient to cover the costs
of providing the services to which they relate;
b) the addition of excessive
capacity or frequency of service;
c) the practices in question are
sustained rather than temporary;
d) the practices in question
have a serious negative economic effect on, or cause significant damage to,
another airline;
e) the practices in question
reflect an apparent intent or have the probable effect, of crippling, excluding
or driving another airline from the market; and
f) behaviour indicating an abuse
of dominant position on the route.
2. If the aeronautical
authorities of one Contracting Party consider that an operation or operations
intended or conducted by the designated airline of the other Contracting Party
may constitute unfair competitive behaviour in accordance with the indicators
listed in Paragraph 1. or any discrimination by means of unduly state aid
and/or subsidy by one Contracting Party, they may request consultation in
accordance with Article 16 (Consultations) with a view to resolving the
problem. Any such request shall be accompanied by notice of the reasons for the
request, and the consultation shall begin within 15 days of the request.
If the Parties fail to reach a
resolution of the problem through consultations, either Party may invoke the
dispute resolution mechanism under Article 17 (Settlement of Disputes) to
resolve the dispute.
The grant of state aid and/or
subsidy shall be transparent and shall not distort competition. The Contracting
Parties concerned shall furnish other interested Contracting Parties, upon
their requests, with complete information on such grant and any revision to or
extension of such grant.
Article 16.
Consultations
Hither Contracting Party may. at
any lime, request consultations relating to this Agreement. Such consultations
shall begin at the earliest possible date, but not later than 60 days from the
date the other Contracting Party receives the request unless otherwise agreed.
Article 17.
Settlement of Disputes
1. Any dispute arising under
this Agreement, except those that may arise under Paragraph 3 of Article 12
(Tariffs), that is not resolved by a first round of formal consultations may be
referred by agreement of the Contracting Parties for decision to some person or
body. If the Contracting Parties do not so agree, the dispute shall, at the
request of either Contracting Party, be submitted to arbitration in accordance
with the procedures set forth below.
2. Arbitration shall be by a
tribunal of three arbitrators to be constituted as follows:
a) Within 30 days after the
receipt of a request for arbitration, each Contracting Party shall name one
arbitrator. Within 60 days after these two arbitrators have been named, they
shall by agreement appoint a third arbitrator, who shall act as President of
the arbitral tribunal;
b) If either Contracting Party
fails to name an arbitrator, or if the third arbitrator is not appointed in
accordance with sub-paragraph a) of this Paragraph, either Contracting Party
may request the President of the Council of the International Civil Aviation
Organization to appoint the necessary arbitrator or arbitrators within 30 days.
If the President of the Council is of the same nationality as one of the
Contracting Parties, the most senior Vice President who is not disqualified on
that ground shall make the appointment.
3. Except as otherwise agreed,
the arbitral tribunal shall determine the limits of its jurisdiction in
accordance with this Agreement and shall establish its own procedural rules.
The tribunal, once formed, may recommend interim relief measures pending its
final determination. At the direction of the tribunal or at the request of
either of the Contracting Parties, a conference to determine the precise issues
to be arbitrated and the specific procedures to be followed shall be held not
later than 15 days after the tribunal is fully constituted.
4. Except as otherwise agreed or
as directed by the tribunal, each Contracting Part)' shall submit a memorandum
within 45 days of the time the tribunal is fully constituted. Replies shall be
due 60 days later. The tribunal shall hold a hearing at the request of cither
Contracting Party or on its own initiative within 15 days after replies are
due.
5. The tribunal shall attempt to
render a written decision within 30 days after completion of the hearing or. if
no hearing is held, after the date both replies are submitted. The decision of
the majority of the tribunal shall prevail.
6. The Contracting Parties may
submit requests for clarification of the decision within 15 days after it is
rendered and any clarification given shall be issued within 15 days of such
request.
7. Each Contracting Party shall,
to the degree consistent with its national law, give full effect to any
decision or award of the arbitral tribunal.
8. Each Contracting Party shall
bear the costs of the arbitrator appointed by it. The other costs of the
tribunal shall be shared equally by the Contracting Parties. Any expenses
incurred by the President of the Council of ICAO in connection with the
procedures of sub-paragraph 2b) of this Article shall be considered to be part
of the expenses of the arbitral tribunal.
Article. 18
Multilateral Agreements
If a multilateral agreement
concerning air transport comes into force in respect of both Contracting
Parties, the present Agreement shall be amended so as to conform with the
provisions of that multilateral Agreement, if the agreement is less liberalized
than the Multilateral Agreements. If there is inconsistency concerning
provisions relating to aviation safety or security, the provisions prescribing
a higher or more stringent standard of aviation safety or security shall
prevail to the extent of the inconsistency.
Article 19.
Amendment
1. Either Contracting Party may
at any time request consultation with the other Contracting Party for the
purpose of amending the present Agreement or its Annexes. Such consultation
shall begin within a period of sixty (60) days from the date of receipt of such
request. Such consultations may be conducted through discussion or by
correspondence.
2. Any amendment shall enter
into force when confirmed by an exchange of diplomatic notes.
3. Any amendment of the Annex
may be made by written agreement between the aeronautical authorities of the
Contracting Parties and shall come into force when confirmed by an exchange of
diplomatic notes.
Article 20.
Termination
Either Contracting Party may. at
any time, give notice in writing to the other Contracting Party of its decision
to terminate this Agreement. Such notice shall be sent simultaneously to the
International Civil Aviation Organization. This Agreement shall terminate at
midnight (at the place of receipt of the notice to the other Contracting Party)
immediately before the first anniversary of the date of receipt of the notice
by the other Contracting Party, unless the notice is withdrawn by agreement of
the Contracting Parties before the end of this period. In the absence of
acknowledgement of receipt by the other Contracting Party, the notice shall be
deemed to have been received fourteen (14) days after receipt of the notice by
ICAO.
Article 21.
Registration with the International Civil Aviation Organization
This Agreement and all
amendments thereto shall be registered with the International Civil Aviation
Organization.
Article 22.
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 WHEREOF the
undersigned, being duly authorized by their respective Governments, have signed
this Agreement.
DONE at Ha Noi this 15th day of
September 2010, in duplicate, in the English language.
This Agreement shall supersede
the previous Air Services Agreement which was signed on 07th September 1976 at
Vientiane. Lao PDR.
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FOR
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
MINISTRY FOR TRANSPORT
Ho Nghia Dung
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FOR
THE GOVERNMENT OF THE LAO PEOPLE'S DEMOCRATIC REPUBLIC
MINISTER OF REPBLIC
WORKS AND TRANSPORT
Sommad Pholsena
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ANNEX
ROUTE SCHEDULE
Section I
The route of the agreed services
performed by the airlines designated by the Government of the Socialist
Republic of Viet Nam shall be as follows in either or both directions;
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Points in Viet Nam
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Intermediate points
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Points in Lao PDR
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Beyond points
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Any
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Any
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Any
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Any
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Section II
The route of the agreed services
performed by the airlines designated by the Government of the Lao People's
Democratic Republic shall be as follows in either or both directions:
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Points in Lao PDR
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Intermediate points
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Points in Viet Nam
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Beyond points
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Any
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Any
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Any
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Any
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A. Operational Flexibility
1. The designated airlines of
each Contracting Party may, on any or all flights in either or both directions:
a) omit at their own discretion,
any points on the above routes provided that the agreed services begin or
terminate in the territory of the Contracting Party designating the airline;
b) combine different (light
numbers within the one aircraft operation;
c) serve origin points,
intermediate points, destined points and beyond points, provided that origin
and destined points are in the territories of the Contracting Parties in any
order.
B. Passenger and Combination
Services
1. The designated airlines of
each Contracting Party shall be allowed to operate passenger and combination
services with full third (3rd ) and fourth (4th) freedom
traffic rights without any limitations on capacity, frequency and aircraft
type.
2. The right of the designated
airline 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. All-Cargo Services
The designated airlines of each Contracting
Party shall be allowed to operate all-cargo services with full third (3rd),
fourth (4th) and fifth (5th) freedom traffic rights
without any limitations on capacity, frequency and aircraft type.