Consolidated Document number 13/VBHN-BGTVT on air cargo business and general aviation activities

DECREE

On air cargo business and general aviation activities

Decree No. 30/2013/NĐ-CP dated April 8, 2013 of the Government on air cargo business and general aviation activities has been amended and supplemented by:

1. Decree No. 92/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditions for certain businesses in the civil aviation sector, which took effect from July 1, 2016.

2. Decree No. 89/2019/NĐ-CP dated November 15, 2019 of the Government amending and supplementing some articles of Decree No. 92/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditions for certain businesses in the civil aviation sector and Decree No. 30/2013/NĐ-CP dated April 8, 2013 of the Government on air cargo business and general aviation activities, which took effect from January 1, 2020.

3. Decree No. 15/2024/NĐ-CP dated February 16, 2024 of the Government amending and supplementing some articles of Decree No. 30/2013/NĐ-CP dated April 8, 2013 of the Government on air cargo business and general aviation activities and Decree No. 92/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditions for certain businesses in the civil aviation sector, which took effect from February 16, 2024.

Pursuant to the Government Organization Law dated December 25, 2001;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

At the proposal of the Minister of Transport,

The Government promulgates this Decree on air cargo business and general aviation activities.¹

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree provides for:

a) Conditions and procedures for issuing Air Cargo Business License, General Aviation Business License for commercial purposes, and Certificate of Registration for Non-commercial General Aviation Activities;

b) The use of trademarks and franchising of enterprises engaged in air cargo business and general aviation business for commercial purposes.

2. This Decree applies to all organizations and individuals involved in the issuance, reissuance, revocation of Air Cargo Business License, General Aviation Business License for commercial purposes, and Certificate of Registration for Non-commercial General Aviation Activities; air cargo business and general aviation activities.

3. In this Decree, enterprises engaged in air cargo business and general aviation business for commercial purposes are collectively referred to as airlines.

Article 2. Content of air cargo business and general aviation activities

1. Air cargo business includes air transportation activities, advertising, marketing, selling air cargo products on the market with profit-making purposes.

2. General aviation activities include the following types:

a) Commercial general aviation business involves advertising, marketing, selling, and providing general aviation services with profit-making purposes;

b) Non-commercial general aviation activities involve general aviation services provided for the operations of organizations and individuals without profit-making purposes.

Article 3. Agencies responsible for developing, promulgating plans for air transport development and reviewing applications for issuance of Licenses and Certificates

1. The Ministry of Transport shall take the lead and coordinate with relevant ministries, sectors, organizations, and individuals to develop plans for the development of Vietnamese airlines to be submitted to the Prime Minister for approval.

2. The Minister of Transport shall issue and reissue Business Licenses for air cargo transportation, Business Licenses for commercial joint air operations, and Investment Certificates for foreign-invested airlines upon permission from the Prime Minister.

3. The Civil Aviation Administration of Vietnam, under the Ministry of Transport, shall conduct reviews of applications for Business Licenses for air cargo transportation and Business Licenses for commercial joint air operations.

4. The Director of the Civil Aviation Administration of Vietnam shall issue and reissue Certificates of Registration for non-commercial joint air operations (excluding unmanned aircraft and ultra-light aircraft operations).

Article 4. Foreign-Invested Airlines

1. Foreign-invested airlines shall have rights and obligations as prescribed by laws on civil aviation, investment, and enterprises.

2. The Investment Certificate for foreign-invested projects shall simultaneously serve as the Business License for air cargo transportation and the Business License for commercial joint air operations.

Chapter II. BUSINESS LICENSES FOR AIR CARGO TRANSPORTATION AND BUSINESS LICENSES FOR COMMERCIAL JOINT AIR OPERATIONS

Article 5.^2] (Repealed)

Article 6.^3] (Repealed)

Article 7.^4] (Repealed)

Article 8.^5] (Repealed)

Article 9.^6] (Repealed)

Article 10.^7] (Repealed)

Article 11.^8] (Repealed)

Article 12.^9] (Repealed)

Article 13.^10] (Repealed)

Article 14.^11] (Repealed)

Article 15.^12] (Repealed)

Article 16.^13](Repealed)

Article 17.^14] (Repealed)

Article 18.^15] (Repealed)

Article 19.^16] (Repealed)

Article 20.^17] (Repealed)

Chapter III. CERTIFICATE OF REGISTRATION FOR NON-COMMERCIAL JOINT AIR OPERATIONS

Article 21. Conditions for Issuance of Certificate of Registration for Non-Commercial Joint Air Operations

1. The Certificate of Registration for Non-Commercial Joint Air Operations shall be issued to organizations and individuals conducting non-commercial joint air operations.

2. Conditions for Issuance of Certificate of Registration for Non-Commercial Joint Air Operations:

a) Recipients: Vietnamese legal entities; organizations established and operating under Vietnamese law with their main office in Vietnam; representative offices or branches of foreign organizations in Vietnam; Vietnamese citizens residing permanently in Vietnam; foreign citizens residing permanently in Vietnam;

b) Having aircraft for operation;

c) Having aircraft maintenance facilities or having service contracts with aircraft maintenance facilities recognized by the Ministry of Transport;

d) Crew members holding appropriate licenses and certificates;

đ) Types of non-commercial joint air operations planned to be conducted must align with the operational functions of the organization and the specific needs of the individual applicant;

e) Meeting national defense and security requirements.

3. Applicants for the Certificate of Registration for Non-Commercial Joint Air Operations must pay fees as prescribed by law.

Article 22. Documents Required for Application for Certificate of Registration for Non-Commercial Joint Air Operations¹⁸

1. Applicants for the Certificate of Registration for Non-Commercial Joint Air Operations must submit one set of application documents directly or through postal services or other suitable means to the Civil Aviation Administration of Vietnam.

2. The application package shall include the following documents:

a) A request for issuance of the Certificate of Registration for Non-Commercial Joint Air Operations according to Form No. 06 or Form No. 10 as stipulated in the Appendix of this Decree for renewal cases;

b) Certified true copies from original books or certified true copies presented for verification against the original or certified true copies (in case of direct submission); certified true copies (in case of submission via postal services) of the following documents: Establishment Permit, Operation Permit, or Enterprise Registration Certificate (for organizations); Identity Card, Citizen Identification Card, or Passport (for individuals);

c) Certified true copies from original books or certified true copies presented for verification against the original or certified true copies (in case of direct submission); certified true copies (in case of submission via postal services) of the following documents: Permanent Residence Certificate in Vietnam (for foreign citizens residing permanently in Vietnam); Representative Office Establishment Permit or Branch Establishment Permit in Vietnam (for foreign organizations' representative offices and branches);

d) Certified true copies from original books or certified true copies presented for verification against the original or certified true copies (in case of direct submission); certified true copies (in case of submission via postal services) of the following documents: Aircraft Nationality Registration Certificate, Aircraft Flightworthiness Certificate;

đ) Original Exploitation and Maintenance Plan for aircraft;

e) Certified true copies from original books or certified true copies presented for verification against the original or certified true copies (in case of direct submission); certified true copies (in case of submission via postal services) of the following documents: Appropriate Licenses and Certificates of flight crew members;

g) Certified true copies from original books or certified true copies presented for verification against the original or certified true copies (in case of direct submission); certified true copies (in case of submission via postal services) of the Maintenance Facility Operation Permit;

h) Certified true copies from original books or certified true copies presented for verification against the original or certified true copies (in case of direct submission); certified true copies (in case of submission via postal services) of the aircraft maintenance service lease contract in case of leasing maintenance services.

Article 23. Review and Issuance of the Certificate of Registration for Non-commercial Air Transport Activities

1.¹⁹ Within twenty-five working days from the date of receiving all required documents as stipulated in Article 22 of this Decree, the Civil Aviation Authority of Vietnam shall review the application and issue a written request for comments from the Combat Operations Department (Ministry of National Defense) on the organization or individual applying for non-commercial air transport activities, types of aircraft, flight areas, or notify the applicant of the refusal to issue the Certificate of Registration and specify the reasons.

2. The Combat Operations Department (Ministry of National Defense) shall respond to the Civil Aviation Authority of Vietnam within ten working days from the date of receipt of the request. The Civil Aviation Authority of Vietnam shall issue the Certificate of Registration according to Model No. 03 prescribed in the Appendix of this Decree after obtaining the approval of the Combat Operations Department (Ministry of National Defense), or notify the applicant of the refusal to issue the Certificate of Registration and specify the reasons.

3. The Certificate of Registration for Non-commercial Air Transport Activities includes the following contents:

a) Name of business, trading name, main office location; legal representative of the organization;

b) Full name; date of birth; nationality; identification card number, place of issuance, and date of issuance, or passport number, place of issuance, and date of issuance, and place of residence of the individual;

c) Number and date of issuance of the Certificate of Registration for Non-commercial Air Transport Activities;

d) Type of non-commercial air transport activities being conducted;

đ) Intended airports for aircraft base operations;

e) Quantity, type, and registration number of aircraft in operation.

Article 24. Revocation and Reissuance of the Certificate of Registration for Non-commercial Air Transport Activities

1. The Certificate of Registration for Non-commercial Air Transport Activities shall be revoked in the following cases:

a) Failure to meet the conditions for issuing the Certificate of Registration;

b) Conducting activities contrary to the purpose or not in accordance with the content recorded in the Certificate of Registration;

c) Serious violation of laws governing non-commercial air transport activities;

d) Conducting non-commercial air transport activities that affect national defense security, public interest, and social order;

đ) Intentionally falsifying information in the registration application;

e) The organization ceasing to exist; the individual dying or losing civil capacity;

g) At the request of the organization or individual who has been issued the Certificate of Registration.

2. Organizations or individuals holding the Certificate of Registration for Non-commercial Air Transport Activities wishing to amend the content of the Certificate must prepare an application and submit one (01) set of documents directly or through the postal service to the Civil Aviation Authority of Vietnam, including:

a) Original application for change registration according to Model No. 10 prescribed in the Appendix of this Decree;

b) Relevant documents related to the changes.

3. The procedures for reviewing and amending the Certificate of Registration for Non-commercial Air Transport Activities shall be carried out in accordance with the provisions of Article 23 of this Decree. In case of approval for amendment, the Civil Aviation Authority of Vietnam shall issue a supplementary or replacement Certificate of Registration for Non-commercial Air Transport Activities.

4. In the event of revocation of the Certificate, the Civil Aviation Authority of Vietnam shall issue a revocation notice, and the relevant organizations or individuals must immediately cease their non-commercial air transport activities; they have the responsibility to resolve any related contracts signed before the revocation of the permit.

Chapter IV. TRADEMARKS AND COMMERCIAL LICENSES

Article 25. Airline Brand

1. An airline must establish its own brand, including: Trade name, trademark.

2. A trademark is a set of distinctive signs of an airline, including business trademarks, images, colors, symbols, visible signs that are used to identify and distinguish the airline and its services from other airlines in commercial air transport and common aviation businesses.

Article 26. Use of Brands

1. The trade name or trademark or both of an airline must be displayed on signs, outside aircraft used in commercial air transport and common aviation businesses of the airline.

2. An airline shall not:

a) Use a brand that causes confusion with another airline;

b) Use another airline's brand for its transportation services and common aviation services, except in cases provided for in Clause 3 and Clause 4 of this Article;

c) An airline shall not use a brand that another airline has previously used within five years from the date such brand was discontinued.

3. Vietnamese airlines are permitted to use aircraft bearing another airline's brand for air transport operations and provision of common aviation services in the following cases:

a) Leasing aircraft with a total operating time not exceeding six months within a continuous twelve-month period;

b) Jointly owned aircraft of a group of companies under the parent-subsidiary company structure as prescribed by corporate law.

4. Vietnamese airlines may only use aircraft bearing a common brand of an airline alliance of which the airline is a member, provided that such brand is not a specific brand of another airline.

5. The use of brands as stipulated in Point a Clause 3 of this Article must be approved by the Civil Aviation Authority of Vietnam according to the procedures for leasing and subleasing aircraft as prescribed by law.

6.²⁰ The use of brands as stipulated in Point b Clause 3 and Clause 4 of this Article must be registered with the Civil Aviation Authority of Vietnam. Airlines must submit one set of application documents directly or through postal service or other appropriate means to the Civil Aviation Authority of Vietnam. The application for registration of brand use includes the following documents:

a) Original application form according to Form No. 08 prescribed in the Appendix of this Decree;

b) Certified true copy from the original book or certified true copy presented with the original for comparison or certified true copy (in case of direct submission); certified true copy (in case of submission through postal service) of documents proving compliance with the corresponding provisions at Point b Clause 3 and Clause 4 of this Article;

c) Certified true copy from the original book or certified true copy presented with the original for comparison or certified true copy (in case of direct submission); certified true copy (in case of submission through postal service) of the document granting permission to use the brand from the brand owner.

7. Within seven working days from the date of receipt of complete documents as prescribed in Clause 6 of this Article, the Civil Aviation Authority of Vietnam will review the application, issue the Registration Certificate according to Form No. 09 prescribed in the Appendix of this Decree, or notify the airline of refusal to issue the Registration Certificate and specify the reasons. The Civil Aviation Authority of Vietnam will revoke the Registration Certificate when the use of the brand no longer meets the requirements until it no longer complies with the corresponding provisions at Point c Clause 3 and Clause 4 of this Article.

8. Airlines must pay the registration fee as prescribed by law.

Article 27. Franchising

Air carriers shall not be permitted to franchise air cargo transportation business or commercial joint aviation business to other air carriers within Vietnam.

Chapter V. IMPLEMENTATION PROVISIONS

Article 28. Transitional Provisions

Within two years from the date this Decree takes effect, air carriers currently operating air cargo transportation businesses and enterprises currently operating commercial joint aviation businesses must meet the conditions regarding aircraft fleets and statutory capital as stipulated in Clause 3, Article 6 and Article 8 of this Decree.

Article 29. Effective Date²¹

This Decree takes effect from June 1, 2013 and replaces Government Decree No. 76/2007/NĐ-CP dated May 9, 2007 on air cargo transportation business and joint aviation activities.

Article 30. Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees directly under the Central Government are responsible for implementing this Decree./.

ANNEX

(Annexed to Government Decree No. 30/2013/NĐ-CP dated April 8, 2013)

Form No. 01³² (Repealed)

Form No. 02³³ (Repealed)

Form number 04³⁴ (Repealed)

Form number 05³⁵ (Repealed)

Form No. 07³⁶ (Repealed)

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives³⁷

CERTIFICATE OF REGISTRATION FOR NON-COMMERCIAL JOINT AIR OPERATIONS

No.: …

Date of Issue: …

First Supplement Date: …

Second Supplement Date: …

1. Name of Organization (for organizations): …

2. Number and Date of Establishment Permit, Operation Permit, or Business Registration Certificate (for organizations):

3. Full name, date of birth, nationality, personal identification number/ID card number or passport number, current place of residence (for individuals):

4. Trading name (for organizations): …

5. Main office location (for organizations): …

6. Trademark of organization or individual: …

7. Type of intended activity: …

8. Airport or airfield base for aircraft: …

9. Number, type, registration number of aircraft: …

10. Full name, date of birth, nationality, personal identification number/ID card number or passport number, pilot license number and issuance date of flight crew members:

...................................................................................................................................

...................................................................................................................................

11. Full name, personal identification number, current place of residence of the legal representative (for organizations):

...................................................................................................................................

...................................................................................................................................

Form number 06³⁸

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
^{_____________}

APPLICATION FOR ISSUE OF REGISTRATION CERTIFICATE

JOINT AVIATION ACTIVITY REGISTRATION CERTIFICATE

Respectfully submitted to: …(Name of Competent Authority or Issuing Agency)

I am: (write full name in capital letters) … Gender: …

Position: …

Date of Birth: …/…/…Nationality: …

Personal Identification Number/Identity Card Number: ...

or Passport Number: …Issued on …Issued at …

Current address: …

Telephone: …Fax: …Email: …Website: …

Legal Representative of the company (for organizations): …

Request to issue Joint Aviation Activity Registration Certificate with the following contents:

1. Name of enterprise or individual: …

2. Main office address or residential address: …

Telephone: …Fax: …Email: …Website: …

Establishment Permit or Operation Permit or Enterprise Code (for organizations):

...................................................................................................................................

3. Trademark of organization or individual: …

4. Intended type of operation: …

5. Airport or airfield base: …

6. Number, type, registration number of aircraft: …

7. Full name, date of birth, nationality, personal identification number/ID card number/passport number, pilot license number and issuance date of flight crew members:

...................................................................................................................................

...................................................................................................................................

...................................................................................................................................

8. Full name, personal identification number/ID card number/passport number, current place of residence of the legal representative (for organizations):

...................................................................................................................................

We and the members commit to:

- Fully responsible before the law for the legality, accuracy, and truthfulness of the content of the application for the license.

Attached to the Application:

- ………………….;

- ………………….;

- ………………….;

Instructions:

- Vietnamese citizens providing personal identification number or ID card information do not need to fill in nationality, issuance date, issuing place, gender, and current place of residence in the Application.

- Citizens provide passport information fully according to the application form model.

Form No. 08³⁹

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
^{_____________}

APPLICATION FOR REGISTRATION

(Registration Content for Brand Usage)

Respectfully submitted to: …(Name of Competent Authority or Issuing Agency)

1. Enterprise Name: ...

Company name in foreign language: …

Abbreviated company name: …

Trade name: …

3. Legal representative's name: …

Telephone: …Fax: …Email: …Website: …

Air Cargo Transportation Business License/Joint Aviation Business License for Commercial Purposes No.: …Issued by: …on …month …year …at …

3. Legal representative:

- Full name: …Gender: …

- Position: …

- Date of Birth: …/……/…Nationality: …

- Personal Identification Number/ID Card Number: …

or Passport Number: …Issued on …Issued at …

- Current Place of Residence: …

We request to register the specific contents as follows:

Registration Content: …

Reason for Registration: …

We commit:

Fully responsible for the truthfulness and accuracy of the content of the Application and attached documents.

Attached to the Application:

- ……………….;

- ……………….;

Instructions:

- Vietnamese citizens providing personal identification number or ID card information do not need to fill in gender, nationality, issuance date, issuing place, and current place of residence in the Application.

- Citizens providing passport information must fill in all details according to the application form.

Form No. 09⁴⁰

CERTIFICATE OF REGISTRY

(Registration Content for Brand Usage)

On the basis of …(Name of Competent Authority or Issuing Agency), certify the following air carrier:

1. Enterprise Name: ...

Company name in foreign language: …

Abbreviated company name: …

Trade name: …

3. Legal representative's name: …

Telephone: …Fax: …Email: …Website: …

Air Cargo Transportation Business License/Joint Aviation Business License for Commercial Purposes No.: …Issued by: …on …month …year …at …

3. Legal Representative: …

- Full name: …Gender: …

- Position: …

- Date of Birth: …/………/……. Nationality: …

- Personal Identification Number/ID Card Number: …

or Passport Number: …Issued on …Issued at …

- Current Place of Residence: …

- Telephone: …Fax: …Email: …
has completed the registration procedures: (registration content)…

Registration number: ...

Form No. 10⁴¹

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
^{_____________}

APPLICATION FOR REISSUE OF REGISTRATION CERTIFICATE

JOINT AVIATION ACTIVITY REGISTRATION CERTIFICATE

Respectfully submitted to: …(Name of Competent Authority or Issuing Agency)

I am: (write full name in capital letters) …Gender: …

Position: …

Date of Birth: …Nationality: …

Personal Identification Number/Identity Card Number: ...

or Passport Number: …Issued on …Issued at …

Current address: …

Telephone: …Fax: …Email: …Website: …

Legal Representative of the company (for organizations): …

Request to reissue Joint Aviation Activity Registration Certificate with the following amended contents:

Amended Content: …

Reason for Amendment: …

We commit:

Fully responsible for the truthfulness and accuracy of the content of the Application and attached documents.

Attached to the Application:

- ……………….;

- ……………….;

- ……………….;

Instructions:

- Vietnamese citizens providing personal identification number or ID card information do not need to fill in nationality, issuance date, issuing place, gender, and current place of residence in the Application.

- Citizens provide passport information fully according to the application form model.