Circular No. 16/2011/TT-BGTVT amends and supplements certain Articles of Circular No. 26/2009/TT-BGTVT dated October 28, 2009 of the Ministry of Transport on air transportation and common aviation activities.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 26/2009/TT-BGTVT dated October 28, 2009 of the Ministry of Transport

pursuant to the Civil Aviation Law of Vietnam No. 66/2006/QH11 dated June 29, 2006 and the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam No. 61/2014/QH13 dated November 21, 2014;

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Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 76/2007/NĐ-CP dated May 9, 2007 of the Government on air transport business and general aviation activities;

Pursuant to Decree No. 94/2007/NĐ-CP dated June 4, 2007 of the Government on Air Traffic Management;

The Minister of Transport hereby promulgates the following:

Article 1. Amending and supplementing certain Articles of Circular No. 26/2009/TT-BGTVT dated October 28, 2009 of the Ministry of Transport regarding air transport and general aviation activities as follows:

1. Amend Article 3 as follows:

Article 3. Procedures for approving aircraft leasing transactions
1. Organizations and individuals requesting approval for aircraft leasing transactions shall submit one set of application documents directly or through postal service to the Civil Aviation Authority of Vietnam and bear responsibility for the information contained in the application. The application includes:
a) A request letter according to the model attached as Appendix XI to this Circular;
b) A report and explanation of the contents prescribed in Article 39 of the Civil Aviation Law of Vietnam;
c) A copy of the lease agreement;
d) A copy of the document confirming the legal status and business operation of the lessee (in case of subleasing), lessor (in case of leasing), operator, and maintenance provider of the aircraft;
đ) A copy of the technical specifications of the aircraft;
e) A copy of the document demonstrating the right (ownership, possession, use) of the lessor over the aircraft; in cases of leasing with crew or subleasing without crew, additional certificates of aircraft operators, maintenance providers, and insurance certificates must be provided.

Organizations and individuals requesting approval for aircraft leasing transactions shall pay fees as prescribed by law.
2. Within ten days from the date of receipt of the direct submission or the postmark date, the Civil Aviation Authority of Vietnam shall examine and approve the aircraft leasing transaction of organizations and individuals.

In cases where the application for approval of aircraft leasing transactions is incomplete as prescribed, within three working days from the date of receipt of the direct submission or the postmark date, the Civil Aviation Authority of Vietnam shall issue a notice requesting the airline to complete the application, and the processing time will be calculated from the date of receipt of the completed application as prescribed.

2. SỬA ĐỔI ĐIỀU 6 NHƯ SAU:

Article 6. Registration of Carriage Regulations
1. Airlines requesting registration of Carriage Regulations shall submit one set of application documents directly or through postal service to the Civil Aviation Authority of Vietnam and bear responsibility for the information contained in the application. The application includes:
a) A request letter according to the model attached as Appendix XI to this Circular;
b) A copy of the Carriage Regulations.
2. Within five working days from the date of receipt of the direct submission or the postmark date, the Civil Aviation Authority of Vietnam shall examine and issue a decision to register the Carriage Regulations. The registration decision becomes effective from the date the Director of the Civil Aviation Authority of Vietnam signs the Decision.

In cases where the application for registration of Carriage Regulations is incomplete as prescribed, within two working days from the date of receipt of the direct submission or the postmark date, the Civil Aviation Authority of Vietnam shall issue a notice requesting the airline to complete the application, and the processing time will be calculated from the date of receipt of the completed application as prescribed.

1. The Provincial People's Committee shall complete the confirmation of the Certificate of Tariff Quota within three (03) working days from the date of receipt of a complete set of documents.

Article 9. Issuance and Renewal of Licenses and Certificates Related to Representation and Ticket Sales Activities of Foreign Airlines in Vietnam
1. Foreign airlines submitting applications for establishment licenses of representative offices and ticket sales offices shall submit one set of application documents directly or through postal service to the Civil Aviation Authority of Vietnam and bear responsibility for the information contained in the application. The application includes:
a) A request letter according to the model attached as Appendix I to this Circular;
b) A copy of the establishment license or business registration certificate or equivalent documents of the foreign airline (in Vietnamese or English);
c) A copy of the operating regulations of the foreign airline (in Vietnamese or English);
d) A copy of the documents confirming the right to use the premises where the representative office or sales office is located in Vietnam;
đ) An original appointment letter for the head of the representative office or ticket sales office (in Vietnamese or English).

Foreign airlines requesting establishment licenses for representative offices and ticket sales offices shall pay fees as prescribed by law.
2. Vietnamese enterprises submitting applications for registration certificates for representation activities of Vietnamese legal entities for foreign airlines in Vietnam shall submit one set of application documents directly or through postal service to the Civil Aviation Authority of Vietnam and bear responsibility for the information contained in the application. The application includes:
a) A request letter according to the model attached as Appendix II to this Circular;
b) A certified copy of the business registration certificate or establishment license or equivalent documents of the organization or individual accepting representation;
c) A certified copy of the agreement on representation in Vietnam between the foreign airline and the Vietnamese organization or individual.

Organizations and individuals requesting registration certificates for representation activities shall pay fees as prescribed by law.
3. Vietnamese enterprises submitting applications for registration certificates for exclusive agency and ticket sales contracts for foreign airlines shall submit one set of application documents directly or through postal service to the Civil Aviation Authority of Vietnam and bear responsibility for the information contained in the application. The application includes:
a) A request letter in the format prescribed in Appendix III issued together with this Circular;
b) A certified copy of the business registration certificate or equivalent documents of the organization or individual requesting;
c) A copy of the establishment license or business registration certificate or equivalent documents of the foreign airline (in Vietnamese or English);
d) A copy of the exclusive agency and ticket sales contract.

Enterprises requesting registration certificates for exclusive agency and ticket sales contracts for foreign airlines shall pay fees as prescribed by law.
4. Validity period of Licenses and Certificates:
a) The Representative Office Establishment Permit and the Ticket Sales Office Establishment Permit issued by the Civil Aviation Administration of Vietnam shall be effective from the date of issuance and shall expire in case of violation of the provisions set forth in Clause 5, Article 123 of the Civil Aviation Law of Vietnam or upon request of the airline.
b) In case of any change in the content of the Representative Office Establishment Permit and the Ticket Sales Office Establishment Permit that have been issued, the foreign airline shall submit one set of application documents for adjustment of the permit directly or via postal service to the Civil Aviation Administration of Vietnam and shall bear responsibility for the information contained in the documents. The documents include: a request letter according to the model prescribed in Appendix XI attached hereto and relevant documents related to the requested adjustment in Vietnamese or English.

Within seven working days from the date of receipt of complete documents, the Civil Aviation Administration of Vietnam shall review, examine, and decide on the adjustment of the Representative Office Establishment Permit and the Ticket Sales Office Establishment Permit.

If the application documents for adjustment of the permit are incomplete as required, within three working days from the date of direct receipt of the documents or the date indicated on the postmark, the Civil Aviation Administration of Vietnam shall issue a document requesting the airline to complete the documents, and the processing time shall be calculated from the date of receipt of the complete documents as required.

c) The Certificate of Registration for Representation Activities of a Vietnamese legal entity for a foreign airline in Vietnam shall have a validity period not exceeding five years from the date of issuance.

d) The Certificate of Registration for the Designated Agent Contract and the Ticket Sales Agency Contract issued by the Civil Aviation Administration of Vietnam shall be effective from the date of issuance and shall expire in the following cases: upon request of the enterprise and approved by the Civil Aviation Administration of Vietnam; the designated agent contract and ticket sales agency contract for the foreign airline expires; the enterprise holding the Certificate of Registration for the Designated Agent Contract and the Ticket Sales Agency Contract does not officially commence operations within six months from the date of issuance of the certificate; the enterprise ceases operations continuously for six months without notifying the issuing authority.
5. When the validity period of the Certificate of Registration for Representation Activities stipulated in point c, Clause 4 of this Article expires, the enterprise shall submit one set of application documents for extension of representation activities directly or via postal service to the Civil Aviation Administration of Vietnam. The documents include:
a) A request letter according to the model attached as Appendix XI to this Circular;
b) Report on the enterprise's activities during the validity period of the previously issued Certificate of Registration.
6. Enterprises applying for the Certificate of Registration for Representation Activities for a foreign airline shall pay the fee as prescribed by law.
7. Within seven working days from the date of receipt of complete documents directly or the date indicated on the postmark, the Civil Aviation Administration of Vietnam shall review, examine, and decide on the issuance, extension, and adjustment of the permits and certificates mentioned in Clauses 1, 2, 3, and 4 of this Article.

If the application documents for issuance, extension, or adjustment of the permits and certificates are incomplete as required, within three working days from the date of receipt of the documents directly or the date indicated on the postmark, the Civil Aviation Administration of Vietnam shall issue a document requesting the airline to complete the documents, and the processing time shall be calculated from the date of receipt of the complete documents as required."

"(of the Ministry of Agriculture and Rural Development)"

"Article 12. Registration for Issuing Secondary Airway Bills
1. Vietnamese enterprises shall submit one set of application documents for registration for issuing secondary airway bills directly or via postal service to the Civil Aviation Administration of Vietnam and shall be responsible for the information contained in the documents. The documents include:
a) A request letter according to the model prescribed in Appendix IV and Appendix V attached hereto;
b) Certified copy of the Business Registration Certificate of the Vietnamese enterprise;
c) A copy of the secondary airway bill sample of the receiving enterprise.
2. In the case of registration for issuing secondary airway bills by foreign logistics service providers operating in Vietnam, the registration documents shall include the following:
a) Documents as prescribed in Clause 1 of this Article;
b) Certified copy of the agency contract for issuing secondary airway bills;
c) A copy of the secondary airway bill sample of the foreign receiving enterprise;
d) Certified copy of the Business Registration Certificate or equivalent document of the foreign logistics provider.
3. The Certificate of Registration for Issuing Secondary Airway Bills shall have a validity period not exceeding five years from the date of issuance and may be renewed. The applicant for renewal shall submit one set of application documents directly or via postal service to the Civil Aviation Administration of Vietnam. The documents include:
a) A request letter according to the model attached as Appendix XI to this Circular;
b) Certified copy of the previously issued Certificate of Registration for Issuing Secondary Airway Bills;
c) Report on activities during the validity period of the previously issued Certificate.
d) Certified copy of the renewal of the agency contract for issuing secondary airway bills (if the contract specifies a validity period) or certified copy of the agency contract for issuing secondary airway bills (if the contract does not specify a validity period).

Enterprises applying for issuance or renewal of the Certificate of Registration for Issuing Secondary Airway Bills shall pay the fee as prescribed by law.
4. Within seven working days from the date of receipt of complete documents directly or the date indicated on the postmark, the Civil Aviation Administration of Vietnam shall review, examine, and decide on the issuance or renewal of the Certificate.

If the application documents for issuance or renewal of the Certificate are incomplete as required, within three working days from the date of receipt of the documents, the Civil Aviation Administration of Vietnam shall issue a document requesting the airline to complete the documents, and the processing time shall be calculated from the date of receipt of the complete documents as required."

5. Amend Clause 1 of Article 14 as follows:

"1. Airlines applying for air transport rights shall submit one set of application documents directly or via postal service to the Civil Aviation Administration of Vietnam and shall be responsible for the information contained in the documents. The documents include:
a) A request letter according to the model prescribed in Appendix VI attached hereto;
b) Certified copy of the Aircraft Operator Certificate;
c) Report on routes and planned operations;
d) Certified copy of the legal entity status confirmation document and the Articles of Operation of the airline."

6. Amend the title of Article 15 as follows:

"Article 15. Basis for Granting Air Transport Rights."

7. Amend Article 17 as follows:

Article 17. Approval procedure for cooperation contracts directly related to air transport rights
1. An airline requesting approval of a cooperation contract directly related to air transport rights shall submit one set of documents either directly or through postal service to the Civil Aviation Authority of Vietnam and shall be responsible for the information contained in the documents. The documents shall include:
a) A request letter according to the model prescribed in Appendix VII issued together with this Circular;
b) A copy of the cooperation contract directly related to air transport rights;
c) A copy of the document proving the lawful ownership of the code, logo, or other brand images of the airline transferring the right to operate.
2. Within ten days from the date of receipt of the direct submission or the postmark date, the Civil Aviation Authority of Vietnam shall review and assess the contents of the documents and decide on the approval of the cooperation contract directly related to air transport rights.

In case the application for approval of a cooperation contract directly related to air transport rights is incomplete as required, within three working days from the date of receipt of the direct submission or the postmark date, the Civil Aviation Authority of Vietnam shall issue a document requesting the airline to complete the documents, and the processing time shall be calculated from the date of receipt of the complete documents as required.

8. Supplement Article 18b as follows:

"Article 18b. Approval of air transport fares on international routes entering and exiting Vietnam
1. An airline shall submit one set of documents requesting approval of air transport fares on international routes entering and exiting Vietnam either directly or through postal service or email, fax to the Civil Aviation Authority of Vietnam. In cases where the Agreement between Vietnam and other countries or territories regarding air transport has provisions different from those of this Article, such provisions shall apply. The documents shall include:
a) A request letter according to the model prescribed in Appendix VIII issued together with this Circular;
b) A copy of the Fare Schedule and Conditions of Application;
2. Within seven working days from the date of receipt of the documents, the Civil Aviation Authority of Vietnam shall review and approve the air transport fares on international routes entering and exiting Vietnam.

In case the application for approval of air transport fares on international routes entering and exiting Vietnam is incomplete as required, within three working days from the date of receipt of the documents, the Civil Aviation Authority of Vietnam shall issue a document requesting the airline to complete the documents, and the processing time shall be calculated from the date of receipt of the complete documents as required."

9. Amend Chapter VII as follows:

"CHAPTER VII

PROCEDURES FOR GRANTING PERMITS FOR DOMESTIC AIR TRANSPORT OPERATIONS IN VIETNAM"

10. Amend Article 19 as follows:

"Article 19. Granting permits for domestic air transport operations in Vietnam
1. The aircraft operator, carrier, or authorized person (hereinafter referred to collectively as the permit applicant) shall submit one set of documents requesting the permit either directly or through postal service to the Civil Aviation Authority of Vietnam or via email, fax, AFTN, or SITA to the email address of the Air Transport Department, Civil Aviation Authority of Vietnam: [email protected]. The documents shall include:
a) A request letter according to the model prescribed in Appendix IX issued together with this Circular;
b) Flight plan (only applicable for common air transport flights as stipulated in Clause 3, Article 16 of Decree No. 94/2007/NĐ-CP dated June 4, 2007 of the Government on aviation management).
2. The Civil Aviation Authority of Vietnam shall grant permits for domestic air transport operations in Vietnam as specified in point c, Clause 2, Article 81 of the Civil Aviation Law of Vietnam. The time limit for requesting issuance, modification of permits is as prescribed in Clauses 1, 2, 3, 4, 5, 6, and 7, Article 17 of Decree No. 94/2007/NĐ-CP dated June 4, 2007 of the Government on aviation management.

The Civil Aviation Authority of Vietnam shall examine and notify the permit or refuse to grant the permit to the applicant by written document, email, fax, AFTN, or SITA within the following time limits:
a) Ten (10) days from the date of receipt of the application for regular international flights arriving and departing from Vietnam's territory; regular domestic flights;
b) Five (05) days from the date of receipt of the application for test flights, demonstration flights, training flights; flights serving scientific research, national economy activities, cultural, sports activities;
c) Three (03) days from the date of receipt of the application for charter flights, additional flights arriving and departing from Vietnam; foreign government aircraft flights that are not test flights, demonstration flights, training flights; flights serving scientific research, national economy activities, cultural, sports activities;
d) Two (02) working days from the date of receipt of the application for technical landing flights in Vietnam; flights carried out pursuant to decisions of the Court or competent state agencies of Vietnam; flights carried out pursuant to aircraft lease, purchase, sale contracts; flights serving specific needs of organizations, individuals; humanitarian flights; other common air transport flights;
đ) Twelve (12) hours from the time of receipt of the application for domestic airport transfer flights; technical inspection flights;
e) The issuing authority shall immediately respond to the applicant for urgent flights related to national security; flights carrying aircraft mechanics, engines, equipment for maintenance or transporting passengers, baggage, cargo, mail of damaged aircraft; search and rescue, emergency medical, rescue flights; flights of Vietnamese government aircraft."

11. Amend Article 20 as follows:

"Article 20. Granting permits to fly over Vietnamese airspace for domestic air transport operations
1. Individuals and organizations requesting permission to fly through Vietnamese airspace for civil aviation activities within Vietnam shall submit the request in writing according to the form prescribed in Appendix X attached to this Circular directly to the Civil Aviation Administration of Vietnam or via postal service; email; fax; AFTN telecommunication network to the Civil Aviation Administration of Vietnam and shall be responsible for the information contained in the request. The time limit for requesting issuance, amendment of flight permits is stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 17 of Decree No. 94/2007/NĐ-CP dated June 4, 2007 of the Government on management of flight activities.

2. The Civil Aviation Administration of Vietnam shall consider and issue permission to fly through Vietnamese airspace for flights conducting civil aviation activities within Vietnam within the time limit prescribed in Clause 8 of Article 17 of Decree No. 94/2007/NĐ-CP dated June 4, 2007 of the Government on management of flight activities:
a) Fifteen (15) days from the date of receipt of the request letter for regular international flights passing through Vietnamese airspace;
b) Seven (07) days from the date of receipt of the request letter for test flights; flights serving scientific research, national economy, cultural, and sports activities;
c) Five (05) days from the date of receipt of the request letter for foreign government aircraft flights that are not test flights, demonstration flights, parade flights; flights serving scientific research, national economy, cultural, and sports activities;
d) Two (02) working days from the date of receipt of the request letter for non-regular flights passing through Vietnamese airspace; flights changing airports; flights serving specific needs of agencies, organizations, and individuals; humanitarian flights;
đ) Twelve (12) hours from the time of receipt of the request letter for technical inspection flights;
e) The issuing authority shall immediately respond to the person submitting the request letter for urgent situations related to national security; flights transporting mechanics, engines, equipment for aircraft repair or transporting passengers, baggage, cargo, mail of damaged aircraft; search and rescue, emergency medical, and relief flights; flights amending the following contents of the flight permit: air route, points of entry and exit into Vietnamese airspace; changing aircraft for non-commercial reasons; changing departure and landing airports outside Vietnam for flights passing through Vietnamese airspace.
3. In cases where the Application for Permission to Fly Through Vietnamese Airspace is incomplete as prescribed, the Civil Aviation Administration of Vietnam shall notify the airline to complete the application within the time limit as specified in Clause 2 of this Article from the date of direct submission or the postmark date, fax date, or AFTN telegram date, and the processing time will be calculated from the date of receipt of the completed application as prescribed."

12. Repeal Article 21

"Repeal Article 21 of Circular No. 26/2009/TT-BGTVT dated October 28, 2009 of the Ministry of Transport on air transport and common aviation activities."

13. Supplement 11 Appendices as follows:

"1. Appendix I: Form for requesting establishment of representative office and/or ticket sales office.
2. Appendix II: Form for registering representation for foreign airlines in Vietnam.
3. Appendix III: Form for registering agency ticket sales contracts for foreign airlines.
4. Appendix IV: Form for requesting issuance of registration certificate for secondary air waybill issuance (Applicable to Vietnamese organizations and individuals providing logistics services who register their own secondary air waybills).
5. Appendix V: Form for requesting issuance of registration certificate for secondary air waybill issuance (Applicable to Vietnamese organizations and individuals providing logistics services who register secondary air waybills for foreign organizations and individuals providing logistics services).
6. Appendix VI: Form for requesting air transport rights.
7. Appendix VII: Form for requesting approval of cooperation contracts directly related to air transport rights.
8. Appendix VIII: Form for requesting approval of air freight rates on international routes to and from Vietnam.
9. Appendix IX: Form for requesting permission to conduct irregular flights.
10. Appendix X: Form for requesting permission to conduct transit flights.
11. Appendix XI: Form for organization's request."

Article 2. Implementation

1. This Circular takes effect 45 days from the date of signature.

2. The Director of the Ministry’s Office, the Inspector General, Heads of Departments, the Director of the Civil Aviation Administration of Vietnam, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.