Circular No. 07/2017/TT-BGTVT amending and supplementing certain articles of Circular No. 36/2015/TT-BGTVT dated July 24, 2015, issued by the Minister of Transport on the management of domestic air transportation service prices and specialized aviation service prices.

CIRCULAR

Amending and supplementing some articles of Circular No. 36/2015/TT-BGTVT dated July 24, 2015 of the Minister of Transport on management of domestic air cargo transportation service prices and specialized aviation service pricesdated July 24, 2015 of the Minister of Transport on managing domestic air cargo transportation service prices and specialized aviation service pricesaviation sector

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Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006 and the Law amending and supplementing certain articles of the Civil Aviation Law of Vietnam dated November 21, 2014;

Pursuant to the Price Law dated June 20, 2012;

Pursuant to Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain articles of the Price Law and Decree No. 149/2016/NĐ-CP dated November 11, 2016 of the Government amending and supplementing certain articles of Decree No. 177/2013/NĐ-CP;

Pursuant to Decree No. 102/2015/NĐ-CP of the Government dated October 20, 2015 of the Government on management and operation of civil airports;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

stipulating on air cargo transportation and common aviation activities (hereinafter referred to as Circular No. 81/2014/TT-BGTVT dated December 30, 2014), Circular No. 14/2015/TT-BGTVT dated April 27, 2015 issued by the Minister of Transport

The Minister of Transport hereby promulgates this Circular amending and supplementing some articles of Circular No. 36/2015/TT-BGTVT dated July 24, 2015 of the Minister of Transport on managing domestic air cargo transportation service prices and specialized aviation service prices.

PART I

GENERAL PROVISIONS

Article 1. Amending and supplementing some articles of Circular No. 36/2015/TT-BGTVT dated July 24, 2015 of the Minister of Transport on managing domestic air cargo transportation service prices and specialized aviation service prices(hereinafter referred to as Circular No. 36/2015/TT-GTVT).

1. Supplementing Point i Clause 3, Article 5 as follows:

“i) Franchise operation of air cargo services, including franchise services: passenger terminal; cargo and warehouse terminal; ground commercial technical services; maintenance and repair of aircraft equipment; aviation technical services; provision of airline meals; provision of aviation fuel.”

2. Clause 3, Clause 4, Article 8 shall be amended and supplemented as follows:

“3. In cases where the price adjustment increases or decreases within 5% compared to the immediately preceding declared price, organizations and individuals providing services may choose to submit a Notice of Price according to Model No. 2 attached hereto or submit a Declaration of Price to the Civil Aviation Authority of Vietnam.

4. In cases where the price adjustment increases or decreases more than 5% compared to the immediately preceding declared price (including cumulative adjustments over consecutive periods through price notification), organizations and individuals providing services must declare the price in accordance with the regulations.”

4. Meeting one of the following criteria:

“Article 9. Procedure for receiving price declaration documents

1. Upon receipt of the price declaration document, the Civil Aviation Authority of Vietnam records the date, month, and year of receipt and stamps the incoming document, simultaneously returning one copy of the document to the declaring organization or individual (directly, via postal service, fax, or email).

2. In cases where the price declaration document is incomplete as required, within two working days, the Civil Aviation Authority of Vietnam will notify in writing requesting the organization or individual to complete the document.

3. After five working days from the date of receipt of a complete price declaration document, if the Civil Aviation Authority of Vietnam does not request the organization or individual to explain or supplement any content or component of the document, the organization or individual may implement the declared price.

4. In cases of price reduction declarations, organizations and individuals producing and trading goods and services shall immediately reduce prices while submitting a price declaration document or price notice to the Civil Aviation Authority of Vietnam.

4. Amending the name of Section 3, Chapter II to "Selection of Organizations and Individuals Providing Non-Aviation Services and Publicizing Prices"5. Article 10 shall be amended and supplemented as follows:”.

5. Article 10 is amended and supplemented as follows:

“Article 10. Selection of organizations and individuals providing non-aircraft services

The selection of organizations and individuals providing non-aircraft services shall be carried out in accordance with the provisions of Article 40 of Decree No. 102/2015/NĐ-CP of the Government on management and operation of civil airports and Circular No. 17/2016/TT-BGTVT dated June 30, 2016 of the Minister of Transport detailing the management and operation of civil airports.

6. Clause 2 of Article 16 is amended and supplemented as follows:

"2. Organizations and individuals providing non-aircraft services at civil airports shall continue to perform the terms of their contracts signed with service-providing enterprises for passenger terminal and cargo terminal operations until the expiration date of the contracts. After the expiration of the contracts, the service-providing enterprises for passenger terminal and cargo terminal operations shall select organizations and individuals providing non-aircraft services in accordance with the provisions of Article 10 of this Circular."

7. Replace the Price Declaration Form in Appendix 2 issued together with Circular No. 36/2015/TT-BGTVT with Model No. 1: Price Declaration Form issued together with this Circular.

8. Add Model No. 2: Price Level Notification in the Appendix issued together with this Circular.

Article 2. Implementation clause

1. This Circular takes effect from April 27, 2017.

2. In cases where legal normative documents serving as basis or referenced in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced legal normative documents.

3. The Director of the Office, the Inspector General, the Heads of Departments, the Director of the Civil Aviation Administration of Vietnam, the Heads of agencies, organizations, and related individuals are responsible for implementing this Circular./.