|
BỘ NGOẠI GIAO
-------
|
CỘNG HÒA XÃ HỘI
CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
---------------
|
|
Số:
36/2014/TB-LPQT
|
Hà Nội, ngày 18
tháng 06 năm 2014
|
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 về vận chuyển hàng không giữa
Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ nước Cộng hòa Ấn
Độ, ký tại Niu Đê-li ngày 20 tháng 11 năm 2013, có hiệu lực kể từ ngày 02 tháng
6 năm 2014.
Bộ Ngoại giao trân trọng gửi bản sao
Hiệp định theo quy định tại Điều 68 của Luật nêu trên./.
|
|
TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Nguyễn Văn Ngự
|
AIR SERVICES AGREEMENT
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE
REPUBLIC OF INDIA
The Government of the Socialist Republic of Viet
Nam and the Government of the Republic of India (hereinafter referred to as the
“Parties”);
Being Parties to the Convention on International
Civil Aviation opened for signature at Chicago on 7 December 1944:
Desiring to promote international air services
between their respective territories:
Desiring to promote an international aviation
system based on competition among airlines: and
Desiring to ensure the highest degree of safety and
security in international air services 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;
Have agreed as follows:
Article 1. Definitions
For the purposes of this Agreement, unless the
context otherwise states the term:
(1) “aeronautical authorities” means in the case of
the Government of the Socialist Republic of Viet Nam the Civil Aviation
Authority of Viet Nam, Ministry of Transport and in the case of the Government
of the Republic of India, the Director General of Civil Aviation, in both
cases, any other person or body authorized to perform any functions presently
exercised by the said Aeronautical Authorities:
(2) “agreement” means this Agreement. Its Annex and
any amendments thereto;
(3) “air service”, “international air service”,
“airline” and “stop for non-traffic purposes”, shall have the same meaning as
assigned to them in Article 96 of the Convention:
(4) “capacity” is the amount(s) of services
provided under the agreement, usually measured in the number of flights
(frequencies) or seats or tons of cargo offered in a market (city pair, or
country to country) or on a route during a specific period, such as daily
weekly, seasonally, or annually.
(5) “convention” means the Convention on International
Civil Aviation, opened for signature at Chicago on 7 December, 1944, and
includes any amendment that has entered into force under Article 94(a) of the
Convention and has been ratified by both Parties, and any Annex or any
amendment thereto adopted under Article 90 of the Convention, insofar as such
Annexes or amendments are at any given time effective for both Parties:
(6) “designated airline” means an airline
designated and authorised in accordance with Article 3 (Designation and
Authorisation of Airlines) of this Agreement:
(7) “full cost” means the cost of providing service
plus a reasonable charge for administrative overhead;
(8) “intermodal air transportation” means the
public carriage by aircraft and by one or more surface modes of transport of
passengers, baggage, cargo and mail, separately or in combination, for
remuneration or hire;
(9) “tariff” means any fare: rate or charge for the
carriage of passengers (and their baggage) and/or cargo (excluding mail) in air
service charged by airline(s). including their agents, and the conditions
governing the availability of such fare, rate or charge;
(10) “territory” shall have the same meaning as
assigned to it in Article 2 of the Convention; and
(11) “user charges” means a charge imposed on
airline(s); for the provision of airport, air navigation or aviation security
facilities or services, including related services and facilities for aircraft,
their crews, passengers, baggage and cargo.
Article 2. Grant of Rights
1. Each Party grants to the other Party the rights
specified in this Agreement for the purpose of establishing scheduled
international air services on the routes specified in the appropriate section
or part of the Annex to this Agreement. Such services and routes shall
hereinafter be called “the agreed services” and “the specified routes”,
respectively.
2. Subject to the provisions of this Agreement, the
airline(s) designated by each Party shall enjoy the following rights:
(a) to fly without landing across the territory of
the other Party;
(b) to make stops in the territory of the other
Party for non-traffic purposes; and
(c) while operating an agreed service at the points
specified for that route in the Annex to this Agreement, the airline(s)
designated by each Party shall also enjoy the right to embark and disembark, in
the territory of the other Party, international traffic in passengers and cargo
including mail separately or in combination.
3. The airline(s) of each Party, other than those
designated under Article 3 of this Agreement, shall also enjoy the rights
specified in clauses (a) and (b) of paragraph (2) of this Article.
4. Nothing in paragraph (2) of this Article shall
be deemed to confer on the designated airline(s) of one Party the privilege of
taking on board, in the territory of the other Party, passengers and cargo
including mail destined for another point in the territory of that other Party.
5. If because of special and unusual circumstances,
a designated airline of one Party is unable to operate a service on its normal
routing, the other Party shall use its best efforts to facilitate the continued
operation of such service through appropriate temporary rearrangement of routes
as is mutually decided by the Parties.
6. The designated airlines of one Party shall have
the right to use airways, airports and other facilities provided by the other
Party on a non-discriminatory basis.
Article 3. Designation and
Authorisation of Airlines
1. Each Party shall have the right to designate an
airline or airlines for the purpose of operating the agreed services on the
specified routes and to withdraw or alter such designations. Such designations
shall be made in writing and transmitted to the other Party through diplomatic
channels and shall identify whether the airline is authorised to conduct the
type of air services specified in the Annex.
2. Upon receipt of such designation and application
from the designated airline(s) of either Party in the form and manner
prescribed for the purpose, the aeronautical authorities of the other Party
shall grant the appropriate operating authorisation with minimum procedural
delay, provided that:
(a) substantial ownership and effective control of
that airline are vested in the Party designating the airline or its nationals:
(b) the designated airline is qualified to meet the
conditions prescribed under the laws and regulations normally applied to
operation of international air services by the Party considering the
application: and
(c) the Party designating the airline is
maintaining and administering the standards set forth in Article 9 (Safety) and
Article 10 (Aviation Security).
Article 4. Revocation or
Suspension of Operating Authorisation
1. Either Party may revoke or suspend the operating
authorisation granted to an airline designated by the other Party or impose
such conditions as it may deem necessary in any case where:
(a) substantial ownership and effective control of
that airline are not vested in the other Party or its nationals;
(b) that airline has failed to comply with the laws
and regulations referred to in Article 6 (Applications of Laws) of this
Agreement; or
(c) the other Party is not maintaining and
administering the standards set out in Article 9 (Safety).
2. Unless immediate action is essential to prevent
further non-compliance with clauses (b) and (c) of paragraph 1 of this Article,
the rights established by this Article shall be exercised only after
consultation with the other Party.
3. This Article does not limit the rights of either
Party to withhold, revoke, limit or impose conditions on the operating
authorisation of an airline of the other Party in accordance with the
provisions of Article 10 (Aviation Security).
Article 5. Principles governing
operation of Agreed Services
1. There shall be fair and equal opportunity for
the designated airlines of both Parties to operate the agreed services on the
specified routes between their respective territories.
2. The capacity to be provided and the frequency of
services to be operated by the designated airline(s) of each Party shall be
agreed between both Parties.
3. Any increase in the capacity to be provided and
the frequency of services to be operated by the designated airlines of each
Party shall be subject to agreement between both Parties. Pending such an
agreement or settlement, the capacity and frequency entitlements already in
force shall prevail.
4. Notwithstanding the foregoing, the designated
airlines of each Party shall be entitled to operate any number of all-cargo services
between each other’s territory with any type of aircraft with full 3rd.
4th and 5th freedom traffic rights regardless of the
points specified in the Route Schedule annexed to this Agreement. Such
all-cargo services may also be operated under co-operative marketing
arrangements such as code sharing, blocked space, etc. with any other
airline(s), including airlines of third countries.
Article 6. Application of taws
1. While entering, within, or leaving the territory
of one Party, its laws, regulations and procedures relating to the operation
and navigation of aircraft shall be complied with by the designated airlines of
the other Party.
2. While entering, within, or leaving the territory
of one Party, its laws, regulations and procedures relating to the admission
into or departure from its territory of passengers, baggage, crew or cargo on
aircraft (including regulations relating to entry, clearance, aviation
security, immigration, passports, customs, currency health, sanitary and
quarantine or, in the case of mail, postal regulations) shall be complied with
by, or on behalf of, such passengers, crew or shippers of cargo of the
designated airlines of the other Party.
3. Neither Party shall give preference to its own
or to any other airline over a designated airline of the other Party engaged in
similar international air services in the application of the laws and
regulations and procedures provided for in this Article.
4. Passengers baggage and cargo in direct transit
across the territory of either Party and not leaving areas of the airport
reserved for such purpose shall be subject to no more than a simplified
control, except in respect of security measures against violence air piracy,
narcotics control etc.
Article 7. User Charges
1. User charges that may be imposed by the
competent charging authorities of each Party on the designated airline(s) of
the other Party shall be just, reasonable, non-discriminatory, and equitably
apportioned among all categories of users. Such user charges shall be assessed
on the designated airline(s) of the other Party on terms not less favourable
than the terms available to any other airline at the time the charges are
assessed.
2. User charges imposed on the designated
airline(s) of the other Party may reflect, but shall not exceed, the full cost
to the competent charging authorities of providing the appropriate airport,
environmental, air navigation and aviation security facilities and services at
the airport or within the airport system. Such full cost 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 Party shall encourage consultations between
the competent charging authorities in its territory and the designated
airline(s) using the services and facilities. Each Party shall encourage the
competent charging authorities and the airlines to exchange such information as
may be necessary to permit an accurate and transparent review of the
reasonableness of the charges in accordance with the principles stated in
paragraphs (1) and (2) of this Article Each Party shall encourage the competent
charging authorities to provide users with reasonable notice of any proposal
for changes in the user charges to enable the users to express their views
before changes are implemented.
4. Neither Party shall be held, in dispute
resolution procedures pursuant to Article 20 (Settlement of Disputes), to be in
breach of a provision of this Article, if:
(i) It has undertaken a review of the charge or
practice that is the subject of complaint by the other Party within a
reasonable time; and
(ii) following such a review, it has taken all
steps within its power to remedy any charge or practice that is inconsistent
with this Article.
Article 8. Customs Duties and
Charges
1. Each Party shall, on the principle of
reciprocity, exempt the designated airline(s) of the other 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 (including but not limited to such
Items of food, beverages and liquor, tobacco and other products destined for
sale or to be used solely in connection with the operation or servicing of
aircraft) and other items such as printed ticket stock, air waybills, any
printed material which bears the insignia of the company printed thereon and usual
publicity material distributed free of charge by the designated airline(s).
2. The exemptions under this Article shall be
granted only if the items referred to in paragraph 1 are -
(a) introduced into the territory of one Party by
or on behalf of the designated airline(s) of the other Party;
(b) retained on board aircraft of the designated
airline(s) of one Party upon arrival in or leaving the territory of the other
Party: or
(c) taken on board aircraft of the designated
airline(s) of one Party in the territory of the other Party for use in
operating the agreed services.
3. The exemptions under this Article shall apply
regardless of the fact whether or not such items are used or consumed wholly
within the territory of the Party granting the exemption provided the ownership
of such items is not transferred in the territory of the said Party.
4. The regular airborne equipment, as welt as the
materials and supplies normally retained on board the aircraft of the
designated airline(s) of either Party, may be unloaded in the territory of the
other Party only with the approval of the customs authorities of that Party. In
such a case, they may be placed under supervision of the said authorities upto
such time as they are re-exported or otherwise disposed of in accordance with
the customs regulations.
Article 9. Safety
1. Either Party may request consultations
concerning the safety standards maintained in respect of an airline designated
by the other Party relating to aeronautical facilities, aircrews, aircraft and
operation of the designated airline(s) Such consultations shall take place
within 30 days of the request or any longer period as may be agreed between the
Parties.
2. If, following such consultations, one Party
finds that safety standards in the areas referred to in paragraph (1) that meet
the standards established at that time in accordance with the Convention are
not effectively maintained and administered in respect of airline(s) designated
by the other Party, the other Party shall be notified of such findings and the
steps considered necessary to conform with these minimum standards, and the
other Party shall take appropriate corrective action.
3. Each Party reserves the right to suspend or
limit the operating authorization of an airline(s) designated by the other
Party in the event the other Party does not take appropriate corrective action
within 30 days from the date of such notification as specified in paragraph 2
of this Article.
4. It is agreed that any aircraft operated by an
airline of one Party on services to or from the territory of the other Party
may, while within the territory of the other Party, be made the subject of an
examination by the authorized representatives of the other Party, on board and
around the aircraft to check both the validity of the aircraft documents and
those of its crew and the apparent condition of the aircraft and its equipment
(in this Article called “ramp inspection”), provided this does not lead to
unreasonable delay.
5. If any such ramp inspection or series of ramp
inspections gives rise to:
- 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 Convention or
- serious concerns that there is a lack of
effective maintenance and administration of safety standards established at
that time pursuant to the Convention:
the Party carrying out the inspection shall, for
the purposes of Article 33 of the Convention, be free to conclude that the
requirements under which the certificate or licences in respect of that
aircraft or in respect of the crew of that aircraft had been issued or rendered
valid or that the requirements under which that aircraft is operated are not
equal to or above the minimum standards established pursuant to the Convention.
6. In the event that access for the purpose of
undertaking a ramp inspection of an aircraft operated by an airline of one
Party in accordance with paragraph (4) of this Article is denied by a
representative of that airline, the other Party shall be free to infer that
serious concerns of the type referred to in paragraph (5) of this Article arise
and draw the conclusions referred to in that paragraph.
7. Each Party reserves the right to suspend or vary
the operating authorization of an airline or airlines of the other Party
immediately in the event the first 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.
8. Any action by one Party in accordance with
paragraphs (3) or (7) of this Article shall be discontinued once the basis for
taking that action ceases to exist.
Article 10. Aviation Security
1. In accordance wtih their rights and obligations
under international law both 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 Parties
shall in particular act in conformity with the provisions of the Convention on
Offences and Certain other Acts Committed on Board Aircraft, done at Tokyo on
September 14, 1963, the Convention for the Suppression of Unlawful Seizure of
Aircraft, done at The Hague on December 16, 1970, the Convention for the
Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal
on September 23, 1971 and its Protocol done at Montreal on February 24, 1988
and any other Convention on aviation security to which both Parties become
members.
2. Upon request, both Parties shall provide each
other with all necessary assistance to prevent acts of unlawful seizure of
civil aircraft and other unlawful acts against the safety of such aircraft, of
their passengers and crew, of airports and air navigation facilities, and
address any other threat to the security of civil air navigation.
3. Both Parties shall, in their mutual relations,
act in conformity with all aviation security standards and appropriate
recommended practices established by the International Civil Aviation
Organization and designated as Annexes to the Convention; they shall require
that operators of aircraft 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 Party agrees to observe the security
provisions required by the other Party for entry into and departure from the
territory of that other Party and to take adequate measures to protect aircraft
and to inspect passengers, crew, and their baggage and carry-on items, as well
as cargo and aircraft stores, prior to and during boarding or loading. Each
Party shall also give positive consideration to any request from the other
Parly 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
passengers, crew, aircraft, airports or air navigation facilities occurs, both
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 Party has reasonable grounds to believe
that the other Party has departed from the aviation security provisions of this
Article, the aeronautical authorities of that Party may request immediate
consultations with the aeronautical authorities of the other 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 authorisation of the designated airline(s) of that Party. When
required by an emergency, either Party may take interim action prior to the
expiry of 15 days.
7. Any action taken in accordance with paragraph
(6) shall be discontinued upon compliance by the other Party with the
provisions of this Article.
Article 11. Commercial
Opportunities
1. The airline(s) of each Party shall have the
right to establish offices in the territory of the other Party for promotion and
sale of air services and other ancillary products and facilities required for
the provision of air services.
2. The airline(s) of each Party shall be entitled,
in accordance with the laws and regulations of the other Party relating to
entry, residence and employment, to bring in and maintain in the territory of
the other Party managerial, sales technical, operational and other specialist
staff required for the provision of air services and other ancillary products
and facilities. Such staff requirements may, at the option of the airline, be
satisfied by its own personnel of any nationality or by using the services of
any other airline, organisation or company operating in the territory of the
other Party and authorised to perform such services in the territory of such
other Party.
3. Any airline of each Party may engage in the sale
of sir services and its ancillary products, services and facilities in the
territory of the other Party directly and, at the airline's discretion, through
its agents. For this purpose, the airline shall have the right to use its own
transportation documents and any person shall be free to purchase such
transportation and its ancillary products, services and facilities in the
currency of that territory or in freely convertible currencies.
4. Subject to the provisions of paragraph 6 below,
the airline(s) of each Party shall have the right to convert and transfer
freely in any convertible currency, on demand, local revenues in excess of sums
locally disbursed earned by such airlines in connection with the sale of air
transportation and other ancillary products, services and facilities as well as
interest earned on such revenues (including interest earned on deposits
awaiting transfer). 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 airline makes
the initial application for remittance.
5. The airline(s) of each Party shall be permitted
to pay for local expenses, including purchase of fuel, in the territory of the
other Party in local currency. At their discretion, the airline(s) of each
Party may pay for such expenses in the territory of the other Party in freely
convertible currencies in accordance with the national regulations of the other
Party.
6. Notwithstanding anything contained in this
Article, the exercise of rights under this Article shall be in accordance with
the applicable domestic laws, rules and regulations including domestic laws.
Article 12. Co-operative
Marketing Arrangements
1. The designated airline(s) of each Party may
enter into co-operative marketing arrangements such as code-share, block space
or any other joint venture arrangement, with -
(a) the designated airline(s) of the same Party; or
(b) the designated airline(s) of the other Party:
or
(c) the designated airline(s) of a third country.
2. The operating airline(s) involved in the
co-operative marketing arrangements shall hold the underlying traffic rights
including the route rights and the capacity entitlements and meet the
requirements normally applied to such arrangements.
3. All marketing airline(s) involved in the
co-operating arrangements shall hold the underlying route rights and meet the
requirements normally applied to such arrangements.
4. The total capacity operated by the air services
performed under such arrangements shall be counted only against the capacity
entitlement of the Party designating the operating airline(s). The capacity
offered by the marketing airline(s) on such services shall not be counted
against the capacity entitlement of the Party designating that airline.
5. The designated airline(s) of either side shall
be allowed to transfer traffic (i.e. starburst) between aircraft involved in
the code-share operations without restriction as to number, size and type of
aircraft.
6. In addition to the operating airline(s), the
aeronautical authorities of each side may require the marketing airline(s) to
file schedules for approval and also provide any other documents before
commencement of air services under the co-operative marketing arrangements.
7. When holding out services for sale under such
arrangements, the concerned airline or its agent shall make it ciear to the purchaser
at the point of sale as to which airline shall be the operating airline on each
sector of the service and with which airline(s) the purchaser is entering into
a contractual relationship.
8. Before providing code sharing services, the code
sharing partners shall agree as to which Party shall be responsible for
security, safety, facilitation, liability and other consumer related matters.
Such an agreement shall be filed with the aeronautical authorities of both
Parties before implementation of the code-share arrangements.
Article 13. Intermodal
Services
The designated airline(s) of each Party shall be
permitted to employ, in connection with air transport of passengers and cargo,
any intermodal transport to or from any point in the territory of the other
Party. Such airline(s) may elect to perform their own intermodal transport or
to provide it through arrangements, including code share, with other carriers.
The intermodal services may be offered as a through service and at a single
price for the air and intermodal transport combined, provided that passengers
and shippers are informed as to the providers of such transportation.
Article 14. Approval of
Schedules
1. The aeronautical authorities of each Party may
require the designated airline(s) of the other Party to file for their
consideration and approval, at least 30 days prior to the inauguration of the
agreed services, flight schedules containing the information pertaining to the
type of service and its frequency, the type of aircraft to be used and the
flight timings at each point. Similar information shall also be provided at
least 30 days in advance for each IATA traffic season and also as and when any
changes are to be introduced regarding operation of the agreed services
2. The designated airline(s) of each Party shall
also furnish any other information as may be required to satisfy the
aeronautical authorities of the other Party that the requirements of this
Agreement are being duly observed.
Article 15. Provision of
Statistics
1. The aeronautical authorities of each Party shall
provide or cause its designated airline(s) to provide to the aeronautical
authorities of the other Party statistics relating to the traffic carried
during each month on the agreed services to and from the territory of that other
Party, showing the points of embarkation and disembarkation of such traffic.
Such statistics shall be furnished as soon as possible after the end of each
month, but not later than 30 days following the month to which they relate.
2. The aeronautical authorities of each Party
shall, on request, provide or cause Its designated airline(s) to provide to the
aeronautical authorities of the other Party statistics relating to true origin
and destination of traffic earned to and from the territory of that other
Party.
Article 16. Tariff
1. The tariffs in respect of the agreed services
operated by the designated airline(s) of each Party shall be established by
each designated airline based upon its commercial considerations in the market
place at reasonable levels, due regard being paid to all relevant factors,
including the cost of operation and reasonable profit.
2. The tariffs established under paragraph (1)
shall not be required to be filed by the designated airline(s) of one Party
with the aeronautical authorities of the other Party.
3. Notwithstanding the foregoing, each Party shall
have the right to intervene so as to:
(a) prevent tariffs whose application constitutes
anti-competitive behavior which has or is likely to or intended to have the
effect of crippling a competitor or excluding a competitor from a route;
(b) protect consumers from tariffs that are
excessive or restrictive due to the abuse of a dominant position; and
(c) protect airlines from tariffs that are
predatory or artificially low.
4. For the purposes set out in paragraph (3) of
this Article, the aeronautical authorities of one Party may require the
designated airlines of the other Party to provide information relating to the
establishment of the tariffs.
5. If one Party believes that the tariff charged by
designated airline(s) of the other Party is inconsistent with the
considerations set forth in paragraph (3) of this Article, it shall notify the
other Party of the reasons for its dissatisfaction as soon as possible and
request consultations which shall be held not later than 30 days after receipt
of the request. If the Parties reach an agreement with respect to the tariff
for which a notice of dissatisfaction has been given, each Party shall use Its
best efforts to put that agreement into effect. In the absence of such an
agreement, the previously existing tariff shall continue to be in effect.
Article 17. Multilateral
Agreements
1. In implementing this Agreement, the Parties
shall act in conformity with the provisions of the Convention in-so-far as
those provisions are applicable to international air services.
2. If, after entry into force of this Agreement,
both Parties become party to a multilateral agreement that addresses matters
covered by this Agreement, either Party may request consultations to determine
whether this Agreement should be revised to take into account the multilateral
agreement.
Article 18. Consultations
1. Either Party may, at any time, make a request in
writing for consultation on the interpretation, application, implementation or
amendment of this Agreement or compliance with this Agreement.
2. Unless otherwise agreed by the Parties, such
consultations shall begin within a period of 60 days from the date on which the
other Party receives the request.
Article 19. Amendment
1. This Agreement may be amended by written
agreement of the Parties.
2. Any amendment so agreed shall enter into force
in accordance with the provisions of Article 23 of this Agreement.
3. Notwithstanding paragraph (2), the Parties may
agree to give immediate effect to an amendment to the Annex to this Agreement.
Article 20. Settlement of
Disputes
1. Any dispute arising under this Agreement that is
not resolved by formal consultations may be referred, by agreement of the
Parties, to some person or body for decision. If the Parties do not so agree,
the dispute shall, at the request of either 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 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 Party fails to name an arbitrator, or
if the third arbitrator is not appointed in accordance with clause (a) of this
paragraph, either 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 Parties, the senior most Vice President who is not
disqualified on that ground shall make the appointment. In the event that
either the President or the senior most qualified Vice President appoints the
third arbitrator under this Paragraph, that third arbitrator shall not be a
national of either of the Parties.
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 rules of procedure. 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 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 Party 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 either 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. Either Party may make a request for
clarification on the decision within 15 days after it has been rendered and the
clarification shall be issued within 15 days of such request.
7. Each Party shall, to the extent consistent with
its national law, give full effect to any decision or award of the arbitral
tribunal.
8. The expenses of the arbitral tribunal, including
the fees and expenses of the arbitrators, shall be shared equally by the
Parties Any expenses incurred by the President of the Council of the
International Civil Aviation Organization in connection with the procedure set
out in clause (b) of paragraph (2) of this Article shall be considered to be part
of the expenses of the arbitral tribunal.
Article 21. Termination
Either Party may, at any time, give notice in
writing to the other 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 immediately before the first anniversary of the date of
receipt of the notice by the other Party, unless the notice is withdrawn by
agreement of the Parties before the expiry of this period. In the absence of
acknowledgement of receipt by the other Party, the notice shall be deemed to
have been received fourteen days after the receipt of the notice by the
International Civil Aviation Organisation.
Article 22. Registration with
ICAO
This Agreement and all amendments thereto shall,
upon signature, be registered with the International Civil Aviation
Organization.
Article 23. Entry into Force
This Agreement shall enter into force on the date
of the later note in an exchange of diplomatic notes between the Parties
confirming that each Party has completed the necessary internal procedures for
entry into force of this Agreement and its Annex. This Agreement, upon its
entry into force, shall supersede the Air Services Agreement between the
Government of the Republic of India and the Government of the Socialist
Republic of Viet Nam signed on 20 of May 1993.
IN WITNESS WHEREOF the undersigned, being duly
authorised by their respective Governments, have signed this Agreement.
DONE at New Delhi this 20 day of November, 2013 in
duplicate, in the English language, which shall be the authentic text.
Translation of the Agreement into Vietnamese and Hindi languages shall be
prepared and shall be considered equally authentic when agreed upon by an
exchange of diplomatic notes that confirm their conformity with the English
language text. In the event of any divergence of interpretation, the English
text shall prevail.
|
For the
Government of
the Socialist Republic of Viet Nam
DINH LA THANG
Minister of Transport
|
For the
Government of
the Republic of India
SHRI AJIT SINGH
Minister for Civil Aviation
|
ANNEX
ROUTE SCHEDULE
Section I
Routes for the airlines designated by the
Government of the Socialist Republic of Viet Nam
|
Points of Origin
|
Intermediate Points
|
Points in India
|
Beyond Points
|
|
Any points in Viet Nam
|
One point in ASEAN region (which may be different
for flights to different destinations in India)
|
New Delhi. Mumbai, Chennai, Koikata
|
To be agreed
|
Note: The designated airlines of Viet Nam
may operate from any points in Viet Nam to Patna, Lucknow, Guwahati Gaya,
Varanasi, Bhubaneshwar, Khajuraho, Aurangabad, Goa, Jaipur, Port Blair, Cochin,
Thiruvananthapuram, Calicut, Amritsar, Vishakhapatnam, Ahmedabad and
Tiruchirapalli with 3rd and 4th freedom traffic rights
only.
Section II
Routes for the airlines designated by the
Government of the Republic of India:
|
Points of Origin
|
Intermediate Points
|
Points in Viet Nam
|
Beyond Points
|
|
Any points in India
|
One point in ASEAN region (which may be different
for flights to different destinations in Viet Nam)
|
Ha Noi, Ho Chi Minh City, Da Nang, Thua Thien
Hue, Hai Phong, Dien Bien, Lam Dong, Nha Trang, Can Tho, Phu Quoc
|
To be agreed
|
Section III
1. Points mentioned in Section I and Section II
need not necessarily be served in the order named.
2. Intermediate and beyond points on the specified
routes may at the option of the designated airline(s), be omitted on any or all
flights.
3. Intermediate or beyond points not specified in
Section I and Section II may be served provided no 5th freedom
traffic rights are exercised between such points and any point in the territory
of the other Party.
4. Two or more points in the territory of one Party
shall not be served on the same flight by the designated airline(s) of the
other Party.