CIRCULAR

AMENDMENTS TO SOME ARTICLES OF THE CIRCULAR NO. 81/2014/TT-THE MINISTRY OF TRANSPORT DATED DECEMBER 30, 2014 OF THE MINISTRY OF TRANSPORT ON AIR TRANSPORT AND GENERAL AVIATION

Pursuant to the Law on Vietnam Civil Aviation No. 66/2006/QH11 dated June 29, 2006 and the Law on Amendments to some Articles of the Law on Vietnam Civil Aviation No. 61/2014/QH13 dated November 21, 2014;

Pursuant to the Government’s Decree No. 110/2011/ND-CP dated December 05, 2011 on management of lease and purchase of aircraft, aircraft engines and components, and aircraft, aircraft engines and components maintenance and repair services;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of the Director of the Department of Transport and Director of the Civil Aviation Authority of Vietnam;

The Minister of Transport hereby promulgates a Circular on amendments to some Articles of the Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of the Ministry of Transport on air transport and general aviation.

Article 1. Amendments to some Articles of the Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of the Ministry of Transport on air transport and general aviation (hereinafter referred to as “the Circular No. 81/2014/TT-BGTVT dated December 30, 2014”)

1. Points c and d Clause 1 of Article 1 are amended as follows:

“c) Issuance, reissuance and revocation of the license for establishment of representative offices and booking offices of foreign airlines in Vietnam, certificate of registration of Vietnamese juridical person representing foreign airline;

d) Issuance and revocation of the certificate of registration of house airway bill;”

2. Article 3 is amended as follows:

“Article 3. Operational flight plans of Vietnamese airlines and general aviation enterprises

1. Each airline and general aviation enterprise shall prepare annual, mid-term (5 years) and long-term (at least 10 years) operational flight plans to carry out air transport and general aviation activities in Vietnam.

2. An operational flight plan of an airline shall contain:

a) Forecast about the domestic and international air transport markets and expected flight routes;

b) Forecast about flight route networks; expected quantity of passengers and goods; load factor; airline’s market shares on domestic and international markets and on each flight route;

c) Expected quantity of aircraft used on the whole networks and on each flight route;

d) Resources (finance and human resources) for aircraft operation and maintenance.

3. An operational flight plan of a general aviation enterprise for commercial purpose shall contain:

a) Forecast about the market demand;

b) Forecast about flight route networks, general aviation area and number of hours of operation;

c) Expected quantity of aircraft on the whole network and on each flight route and general aviation areas;

d) Resources (finance and human resources) for aircraft operation and maintenance.

4. Each airline and general aviation enterprise shall submit reports to the Civil Aviation Authority of Vietnam for inspection and supervision of implementation of the operational flight plans. To be specific:

a) Regarding the annual operational flight plan, the report shall be submitted by November 01 of the year preceding the plan year;

b) Regarding mid-term and long-term operational flight plans, reports shall be submitted 60 days prior to the expected date of initiating the plan.

5. In case of any amendment to the operational flight plan specified in Clause 2 or Clause 3 of this Article, the airline or enterprise shall notify the Civil Aviation Authority of Vietnam within 30 days from the date of amendment.”

3. Clauses 1, 3 and 5 of Article 8 are amended as follows:

a) Clause 1 of Article 8 is amended as follows:

“1. A delayed flight means a flight having the actual time of departure (when aircraft chocks are removed) of 15 minutes later than its estimated time of departure based on its flight schedule. A flight schedule means the final version of the daily flight schedule of an airline sent to the Civil Aviation Authority of Vietnam, airport authorities and relevant regional air traffic management companies not later than 10 p.m. Hanoi time (3 p.m. UTC) of the day prior to the operation date.”

b) Clause 3 of Article 8 is amended as follows:

“3. A canceled flight means a flight that is not operated due to the cancellation schedule made by an airline.”

c) Clause 5 of Article 8 is amended as follows:

“5. An early departure flight means a flight having the actual time of departure (when aircraft chocks are removed) earlier than its estimated time of departure based on its flight schedule.”

4. Article 10 is amended as follows:

“Article 10. Procedures for issuance, reissuance and revocation of the license for establishment of representative offices and booking offices of foreign airlines in Vietnam

1. Any foreign airline wishing to apply for the license for establishment of a representative office or booking office shall submit an application to the Civil Aviation Authority of Vietnam, whether directly or by post or another appropriate manner and take responsibility for the information in the application. An application includes:

a) An application form made using the Form in the Appendix III hereof;

b) A copy of the establishment license or business registration certificate or the equivalent (in Vietnamese or English language);

c) A copy of the airline’s Charter (made in Vietnamese or English language);

d) Copies of documents certifying the right of enjoyment of the headquarters where the representative office and/or booking office is located;

dd) Copy from the master register or copy produced together with the original copy for comparison or certified true copy (if the application is submitted in person), certified true copy (if the application is submitted by post) of the decision on appointment of the head of the representative office and/or booking office (made in Vietnamese or English language).

2. Within 05 working days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall carry out appraisal and issue the license according to the Form in the Appendix XIII hereof. If the application is rejected, a response and explanation must be provided in writing.

If the application is insufficient, the Civil Aviation Authority of Vietnam shall request the applicant in writing to complete it within 02 working days from the receipt of the application. The deadline for processing the application begins on the date of receiving the sufficient application.

3. The license for establishment of a representative office/booking office comes into effect from the date of signature and shall be revoked in the case of violation against regulations in Clause 5 Article 123 of the Law on Vietnam Civil Aviation or at the request of the airline.

4. In case of any change to the license for establishment of a representative office or booking office, the foreign airline shall submit an application for reissuance of the license to the Civil Aviation Authority of Vietnam, whether directly or by post or another appropriate manner and take responsibility for the information in the application.

a) The application includes an application form made using the Form in the Appendix IV hereof and documents relating to the change(s) in Vietnamese or English language.

b) Within 03 working days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall carry out appraisal and reissue the license according to the Form in the Appendix XIII hereof.

If the application is insufficient, the Civil Aviation Authority of Vietnam shall request the applicant in writing to complete it within 02 working days from the receipt of the application. The deadline for processing the application begins on the date of receiving the sufficient application.

5. The applicant for issuance or reissuance of the license for establishment of the representative office or booking office shall pay charges as prescribed by law.

6.  Applicants for reissuance of the license that is damaged or lost shall follow the procedures mentioned in Clause 4 of this Article.

7. In the case of revocation of the license, the Civil Aviation Authority of Vietnam shall issue a revocation decision and the airline must shut down its representative office or booking office.”

5. Article 11 is amended as follows:

“Article 11. Procedures for issuance, reissuance and revocation of the certificate of registration of Vietnamese juridical person representing foreign airline

1. The Vietnamese enterprise shall submit an application for issuance of the certificate of registration of Vietnamese juridical person representing foreign airline in Vietnam to the Civil Aviation Authority of Vietnam, whether directly or by post or another appropriate manner and take responsibility for the information in the application. An application includes:

a) An application form made using the Form in the Appendix V hereof;

b) Copy from the master register or copy produced together with the original copy for comparison or certified true copy (if the application is submitted in person), certified true copy (if the application is submitted by post) of the enterprise registration certificate;

c) A copy of the power of attorney between the foreign airline and the delegated enterprise.

2. Within 05 working days, the Civil Aviation Authority of Vietnam shall carry out appraisal and issue the certificate according to the Form in the Appendix XIV hereof. If the application is rejected, a response and explanation must be provided in writing.

If the application is insufficient, the Civil Aviation Authority of Vietnam shall request the applicant in writing to complete it within 02 working days from the receipt of the application. The deadline for processing the application begins on the date of receiving the sufficient application.

3. The applicant for issuance of the certificate of registration of Vietnamese juridical person representing foreign airline shall pay charges as prescribed by law.

4. The certificate of registration of Vietnamese juridical person representing foreign airline comes into force from the date of signature and shall be revoked in the following cases:

a) The certificate is revoked at the request of the enterprise;

b) The power of attorney between the foreign airline and the delegated enterprise expires;

c) The delegated enterprise has ceased its operation for 06 consecutive months without notifying the issuing authority.

5. If the certificate is damaged or lost or any change to the issued certificate is made, the Vietnamese enterprise shall submit an application for reissuance of the certificate to the Civil Aviation Authority of Vietnam, whether directly or by post or another appropriate manner and take responsibility for the information in the application.

a) The application includes the documents mentioned in Points a and c Clause 1 of this Article and documents relating to the change(s) in case of any change to the certificate;

b) Within 03 working days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall carry out appraisal and reissue the certificate according to the Form in the Appendix XIV hereof.

If the application is insufficient, the Civil Aviation Authority of Vietnam shall request the applicant in writing to complete it within 02 working days from the receipt of the application. The deadline for processing the application begins on the date of receiving the sufficient application.

6. In case of revocation of the license, the Civil Aviation Authority of Vietnam shall issue a revocation decision and the enterprise must be immediately shut down according to the issued certificate.”

6. Clauses 1 and 3 of Article 12 are amended as follows:

a) Clause 1 of Article 12 is amended as follows:

“1. Within 60 days from the issuance date of the license or certificate, the representative office or booking office of the foreign airline and Vietnamese juridical person representing the foreign airline in Vietnam shall send a physical or electronic or fax notification of its operation to the Civil Aviation Authority of Vietnam according to the Form in the Appendix VI hereof. The airline and Vietnamese juridical person shall take responsibility for the truthfulness and accuracy of the notification.”

b) Clause 3 of Article 12 is amended as follows:

“3. The representative office, booking office and Vietnamese juridical person representing the foreign airline shall submit its annual business operation report according to the relevant issued license or certificate. The physical, electronic or fax report made using the forms in the Appendix VII and Appendix XVI hereof shall be submitted to the Civil Aviation Authority of Vietnam by January 31 of the succeeding year. The airline and Vietnamese juridical person shall take responsibility for the truthfulness and accuracy of its business operation report.”

7. Article 14 is amended as follows:

“Article 14. Procedures for registration of house airway bill

1. The Vietnamese enterprise shall submit an application for registration of house airway bill to the Civil Aviation Authority of Vietnam, whether directly or by post or another appropriate manner and take responsibility for the information in the application. An application includes:

a) An application form made using the Form in the Appendix IX hereof;

b) Copy from the master register or copy produced together with the original copy for comparison or certified true copy (if the application is submitted in person), certified true copy (if the application is submitted by post) of the enterprise registration certificate;

c) A copy of the house airway bill from the freight forwarder.

2. Any Vietnamese enterprise wishing to apply for registration of a house airway bill issued by a foreign freight forwarder shall submit an application to the Civil Aviation Authority of Vietnam, whether directly or by post or another appropriate manner and take responsibility for the information in the application. An application includes:

a) An application form made using the Form in the Appendix X hereof;

b) Copy from the master register or copy produced together with the original copy for comparison or certified true copy (if the application is submitted in person), certified true copy (if the application is submitted by post) of the enterprise registration certificate;

c) A copy of the contract designating the issuer of house airway bill;

d) A copy of the house airway bill issued by the foreign freight forwarder;

dd) A copy of the foreign freight forwarder’s business registration certificate or the equivalent.

3. Within 05 working days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall carry out appraisal and issue the certificate according to the Form in the Appendix XV hereof. If the application is rejected, a response and explanation must be provided in writing.

If the application is insufficient, the Civil Aviation Authority of Vietnam shall request the applicant in writing to complete it within 02 working days from the receipt of the application. The deadline for processing the application begins on the date of receiving the sufficient application.

4. The applicant for issuance of the certificate of registration of house airway bill shall pay charges as prescribed by law.

5. The certificate of registration of house airway bill issued by the Civil Aviation Authority of Vietnam comes into force from the date of signature and shall be revoked in the following cases:

a) The certificate is revoked at the request of the enterprise;

b) The enterprise has ceased its operation for 06 consecutive months without notifying the issuing authority.

6. In case of revocation of the license, the Civil Aviation Authority of Vietnam shall issue a revocation decision and the enterprise must immediately terminate its registration of house airway bill according to the issued certificate.

7. The applicant for registration of house airway bill shall submit an annual business operation report according to the issued certificate. The physical, electronic or fax report made using the Form in the Appendix XVII hereof shall be submitted to the Civil Aviation Authority of Vietnam by January 31 of the succeeding year. The applicant for registration of house airway bill shall take responsibility for the truthfulness and accuracy of its business operation report.”

8. The Appendices IV, VI, VII, IX and X enclosed with the Circular No. 81/2014/TT-BGTVT dated December 30, 2014 are replaced with the Appendices IV, VI, VII, IX and X hereof respectively.

9. The Appendices XIII, XIV, XV, XVI and XVII enclosed with this Circular shall be added to the Circular No. 81/2014/TT-BGTVT dated December 30, 2014.

Article 2. Implementation clause

1. This Circular comes into force from December 01, 2018.

2. Chief of the Ministry Office, Chief Inspector, Directors, Director of Civil Aviation Authority of Vietnam, heads of relevant organizations and individuals are responsible for the implementation of this Circular./.

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