Decree No. 30/2013/ND-CP on Air Cargo Transport Business and Common Air Activities

DECREE

On air cargo transportation business

and common aviation activitiesg

____________________

Pursuant to the Law on Organization of the Government 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 the Decree on air cargo transportation business and common aviation activities for commercial purposes.

PART I

Article 24GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree provides for:

a) Conditions and procedures for issuing Air Cargo Transportation Business License, Common Aviation Business License for commercial purposes, and Registration Certificate for non-commercial common aviation activities;

b) The use of trademarks and franchising of air cargo transportation businesses and common aviation businesses for commercial purposes.

2. This Decree applies to all organizations and individuals related to the issuance, reissuance, revocation of Air Cargo Transportation Business Licenses, Common Aviation Business Licenses for commercial purposes, and Registration Certificates for non-commercial common aviation activities; air cargo transportation business and common aviation activities.

3. In this Decree, air cargo transportation businesses and common aviation businesses for commercial purposes are collectively referred to as airlines.

Article 2. Content of air cargo transportation business and common aviation activities

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

2. Common aviation activities include the following types:

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

b) Non-commercial common aviation activities involve common aviation services provided for organizational and individual activities that are not for profit-making purposes.

Article 3. Authorities responsible for developing, issuing regulations, and reviewing 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, reissue Air Cargo Transportation Business Licenses, Common Aviation Business Licenses for commercial purposes, and Investment Certificates for foreign-invested airlines after obtaining permission from the Prime Minister.

3. The Civil Aviation Authority of Vietnam, under the Ministry of Transport, shall conduct the review of applications for Air Cargo Transportation Business Licenses and Common Aviation Business Licenses for commercial purposes.

4. The Director of the Civil Aviation Authority of Vietnam shall issue, reissue Registration Certificates for non-commercial common aviation activities (excluding unmanned aircraft and ultralight aircraft operations).

Article 4. Foreign-Invested Airlines

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

2. The Investment Certificate for foreign-invested projects is simultaneously the Air Cargo Transportation Business License and the Common Aviation Business License for commercial purposes.

Chapter II

AIR CARGO TRANSPORTATION BUSINESS LICENSE

AND COMMON AVIATION BUSINESS LICENSE

 VI M E R C H A N T P U R P O S E S

1. Issuing Air Cargo Transportation Business Licenses and Common Aviation Business Licenses for commercial purposes must comply with the development plan for airlines.

2. Airlines applying for Air Cargo Transportation Business Licenses and Common Aviation Business Licenses for commercial purposes must meet the conditions stipulated in Clause 1, Article 110 of the Civil Aviation Law of Vietnam and the conditions stipulated in this Decree.

3. Airlines already holding an Air Cargo Transportation Business License who apply for a Common Aviation Business License for commercial purposes only need to meet the conditions stipulated in Point a, Clause 1, Clause 2, Article 6, and Clause 2, Article 10 of this Decree.

4. Applicants for Air Cargo Transportation Business Licenses and Common Aviation Business Licenses for commercial purposes must pay fees as prescribed by law.

1. The plan to ensure aircraft for operation within five years from the date of commencement of business includes the following contents:

a) Number and type of aircraft;

b) Form of ownership (purchase, lease-purchase, or lease);

c) Operation, maintenance plan, and human resources to ensure operation and maintenance of aircraft;

d) Source of funds to ensure ownership of aircraft.

2. The age of used aircraft imported into Vietnam is regulated as follows:

a) For aircraft performing passenger transport: Not more than ten years from the date of manufacture to the date of importation into Vietnam under purchase or lease-purchase contracts; not more than twenty years from the date of manufacture to the end of the lease contract. Specifically, for helicopters, it is twenty-five years from the date of manufacture to the end of the lease contract;

b) For aircraft transporting cargo, mail, and express packages, and operating commercial air taxi services: Not more than fifteen years from the date of manufacture to the date of importation into Vietnam under purchase or lease-purchase contracts; not more than twenty-five years from the date of manufacture to the end of the lease contract;

c) Other types of aircraft not specified in Point a and Point b Clause 2 of this Article: Not more than twenty years from the date of manufacture to the date of importation into Vietnam under purchase or lease-purchase contracts; not more than thirty years from the date of manufacture to the end of the lease contract.

3. The number of aircraft maintained throughout the entire period of air transportation operations and commercial air taxi services must be at least two (02); the number of leased aircraft with crews until the end of the third year of operation shall not exceed thirty percent of the fleet.

1. There must be an organizational structure implementing safety management systems, security, aircraft operation, maintenance, flight training, ground operations; product development, marketing, and sale of air transportation services, air taxi services; financial payment systems.

2. Individuals appointed to positions responsible for safety and security management systems, aircraft operation, maintenance, and flight training must have at least three consecutive years of experience in the relevant field, holding certificates or qualifications recognized according to the law.

3. Individuals appointed to positions responsible for supervising product development, marketing, and sales of air transportation services, air taxi services must hold a bachelor's degree in economics, commerce, or finance.

4. Individuals appointed to positions responsible for supervising financial payment systems must hold a bachelor's degree in finance, a certified public accountant certificate, or an internationally recognized accounting certificate in Vietnam.

1. Minimum Capital to Establish an Airline and Maintain Air Transportation Business Operations:

a) Operating up to ten aircraft: Seven hundred billion Vietnamese dong for airlines operating international air transportation; Three hundred billion Vietnamese dong for airlines operating only domestic air transportation;

b) Operating from eleven to thirty aircraft: One thousand billion Vietnamese dong for airlines operating international air transportation; Six hundred billion Vietnamese dong for airlines operating only domestic air transportation;

c) Operating over thirty aircraft: One thousand three hundred billion Vietnamese dong for airlines operating international air transportation; Seven hundred billion Vietnamese dong for airlines operating only domestic air transportation.

2. Minimum Capital to Establish an Airline for Commercial Air Taxi Services: One hundred billion Vietnamese dong.

1. For capital contributions in Vietnamese dong and freely convertible foreign currencies: The confirmation document from a credit institution certifying the amount of funds frozen at the credit institution of the entity or individual applying for a Business License; the release of the frozen funds can only be carried out after the entity or individual has been granted a Business License or upon receipt of a notification of refusal to issue a Business License.

2. For capital contributions in assets or real estate directly serving the purpose of air cargo transportation or commercial air transportation services: The confirmation document from an authorized valuation organization certifying the value converted into money of the assets or real estate.

Organizations and individuals directly confirming the capital of a business shall be responsible for the accuracy and honesty of the data at the time of confirmation.

4. For airlines currently operating, a bank guarantee may be used as a confirmation document for capital.

1. Market demand and development trends.

2. Evaluation of practical service provision and competitive levels on the market.

3. Air cargo transportation product development strategy and business development plan for the first five years from the date of operation.

1. Airlines with foreign investment must meet the condition that the foreign side does not hold more than 30% of the registered capital for the airline; a Vietnamese individual or Vietnamese legal entity without foreign investment must hold the largest portion of the registered capital.

2. The amount of foreign capital is calculated as follows:

a) The portion of capital contribution by foreign organizations and individuals to the airline;

b) The portion of capital contribution by Vietnamese enterprises with foreign investment to the airline multiplied by the ratio of the foreign organizations and individuals' capital contribution in the enterprise with foreign investment;

c) The portion of capital contribution by foreign enterprises with Vietnamese investment to the airline multiplied by the ratio of the foreign organizations and individuals' capital contribution in the foreign enterprise.

3. The articles of association of airlines with foreign investment must stipulate the organizational structure and management members of the enterprise. The number of foreign members appointed by foreign investors to participate in the management structure of the airline with foreign investment shall not exceed one-third of the total number of members. The General Director (Director) and the legal representative of the airline must be Vietnamese citizens and shall not hold citizenship of another country.

4. The management members specified in Clause 3 of this Article include:

a) General Director (Director), Deputy General Directors (Deputy Directors);

b) Chief Accountant;

c) Persons responsible for the following areas: Safety management system; aircraft operation; aircraft maintenance; flight crew training; ground operations; product development; marketing and sale of air transportation services;

d) Other members of the Executive Board as prescribed in the articles of association.

1. The applicant for an Air Cargo Transportation Business License or a Commercial Air Transportation Business License for commercial purposes must submit one (01) set of application documents directly or through the postal service to the Civil Aviation Authority of Vietnam.

2. The documents include:

a) Original application document for the Business License according to Model No. 04 as prescribed in the Appendix of this Decree;

b) List of members and shareholders at the time of submission of the application; the list of members and shareholders must ensure full information: Full name; date of birth; nationality; place of permanent residence registration; current address; percentage of capital contribution or number of shares held; company name (proposed), address, main office, person representing the management of the capital contribution for members and shareholders who are organizations; capital contribution agreements among shareholders and members (certified copy);

c) Draft articles of association with signatures of members, shareholders, or authorized representatives (certified copy);

d) Plan to ensure aircraft availability for operation; organizational plan to ensure aircraft operation, air transportation business, and commercial air transportation business; business plan and product development strategy (certified copy);

đ) Personal identification documents of airline members and shareholders or legal entity status confirmation documents;

e) Proposed trademark.

1. Within thirty working days (including the time to seek opinions from relevant agencies and units), starting from the date when all application files for issuance of the License and Certificate are received in accordance with Clause 2, Article 12 of this Decree, the Civil Aviation Administration of Vietnam shall report the review results to the Ministry of Transport.

2. For application files for issuance of the Common Air Business License for Commercial Purposes, the Civil Aviation Administration of Vietnam shall issue a document seeking the opinion of the Operations Directorate (Ministry of National Defense) on the business operation field, aircraft type, enterprise air components, and flight areas. The Operations Directorate (Ministry of National Defense) shall be responsible for replying with agreement or disagreement and stating the reasons within ten working days from the date of receipt of the request document.

3. The review content includes compliance with development planning, the process for establishing and issuing Air Transport Business Licenses and Common Air Business Licenses for Commercial Purposes as approved by the Prime Minister; conditions for issuing licenses stipulated in the Civil Aviation Law of Vietnam and Chapter II of this Decree; and review contents for projects with foreign investment capital as prescribed by laws on investment.

1. Within fifteen working days from the date of receiving the Civil Aviation Administration of Vietnam's report on the review results, the Ministry of Transport shall submit to the Prime Minister for decision or request the Civil Aviation Administration of Vietnam to re-review and state the reasons; the re-review procedure shall be carried out in accordance with Article 13 of this Decree.

2. Within fifteen working days from the date of receiving the Memorandum from the Ministry of Transport, the Prime Minister shall decide on the issuance of the Air Transport Business License and Common Air Business License for Commercial Purposes; in case of non-approval, the Prime Minister shall notify the Ministry of Transport and state the reasons.

3. Within five working days from the date of receiving the Prime Minister's opinion, the Ministry of Transport shall notify the Civil Aviation Administration of Vietnam to inform the applicant of the Air Transport Business License and Common Air Business License for Commercial Purposes.

4. Within three working days from the date of receiving the notification from the Ministry of Transport regarding approval for issuance of the License, the Civil Aviation Administration of Vietnam shall notify the applicant of the Air Transport Business License and Common Air Business License for Commercial Purposes about completing the license issuance procedures. Within six months from the date of receipt of the notification, the applicant shall submit additional one (1) set of application files directly or through the postal system to the Civil Aviation Administration of Vietnam. The file includes:

a) Enterprise Registration Certificate or Business Registration Certificate or Business Registration Certificate and Tax Registration Certificate, except in the case of establishing a foreign-invested airline (certified copy);

b) Original document confirming the statutory capital of the enterprise by the competent authority or a legal document proving the statutory capital of the enterprise;

c) Organizational structure diagram of the enterprise (certified copy);

d) Appointment decision, labor contract, certified copy of professional certificates of persons responsible as stipulated in Article 7 of this Decree (certified copy);

đ) Original principle contract or agreement on purchasing or leasing aircraft; or certified copy;

e) Operating Regulations (certified copy);

g) Air Transport Regulations; common air service provision regulations (certified copy);

h) Original document confirming the legal representative for the foreign-invested airline.

5. Within ten working days from the date of receiving complete files as stipulated in Clause 4 of this Article, the Civil Aviation Administration of Vietnam shall be responsible for checking compliance with licensing conditions stipulated in Chapter II of this Decree and report to the Ministry of Transport. Within five days from the date of receiving the Civil Aviation Administration of Vietnam's report, the Ministry of Transport shall issue the Air Transport Business License and Common Air Business License for Commercial Purposes according to Model No. 01 and Model No. 02 prescribed in the Appendix of this Decree; in case of non-approval, the Ministry of Transport shall notify the Civil Aviation Administration of Vietnam and state the reasons.

6. The Air Transport Business License and Common Air Business License for Commercial Purposes shall include the following contents:

a) Name of the airline, name of the airline in foreign language (if applicable), abbreviated name of the airline (if applicable); main office location, branch locations of the airline;

b) Number and date of issuance of the Air Transport Business License and Common Air Business License for Commercial Purposes;

c) Registered capital; statutory capital; type of enterprise;

d) List of members, founding shareholders; contribution ratio of each member, founding shareholder;

đ) Scope of business; type of air transport, common air service;

e) Trademark;

g) Legal representative.

The Civil Aviation Authority of Vietnam shall be responsible for:

1. Sending the Air Transport Business License, Common Air Transport Business License for Commercial Purposes to the airline within three working days from the date of receipt of the Certificate of Conformity and License.

2. Notifying in writing the refusal to issue the License to the applicant within three working days from the date of receipt of the notification of refusal to issue the Air Transport Business License, Common Air Transport Business License for Commercial Purposes from the Ministry of Transport.

1. Within thirty working days from the date of issuance of the Air Transport Business License, Common Air Transport Business License for Commercial Purposes, the airline must publish on one of the central newspapers or online newspapers the contents of the License in three consecutive issues.

2. In case the contents of the Air Transport Business License, Common Air Transport Business License for Commercial Purposes change, the airline must announce the changes within the time limit and in accordance with the method prescribed in Clause 1 of this Article.

1. The Air Transport Business License, Common Air Transport Business License for Commercial Purposes shall be revoked in the following cases:

a) Failure to maintain the minimum capital for a continuous period of three years;

b) Intentionally falsifying information in the application dossier for the License;

c) Failure to commence air transport operations, common air transport services within eighteen months from the date of issuance of the License;

d) Ceasing air transport operations, common air transport services for a continuous period of twelve months;

đ) Failure to obtain the Aircraft Operator Certificate within twelve months from the date of issuance of the License; the Aircraft Operator Certificate being withdrawn, canceled for more than twelve months without reissuance;

h) Serious violation of laws on aviation security, aviation safety, organizational structure, and air cargo transport operations, common air operations;

g) Intentional violation of the provisions of Articles 16, 18, and 19 of this Decree;

h) Serious violation of laws concerning national defense and security;

i) Serious violation of laws concerning aviation security, aviation safety, organizational structure and operation management of air transport, common air transport activities;

k) Bankruptcy, dissolution of the airline, or at the request of the airline;

l) The airline no longer meets the conditions for issuing the License as stipulated by law.

2. In case the License is revoked, the Ministry of Transport shall issue a document revoking the License and the enterprise must immediately cease air transport business, common air transport business for commercial purposes.

3. In the cases prescribed in Clause 1 of this Article, organizations and individuals concerned may apply for issuance of the License according to the provisions of Articles 12, 13, 14, 15, and 16 of this Decree one year from the date the License was revoked.

The transfer or gift of shares to foreign investors may only be carried out two years after the commencement date of air cargo transportation and common air service provision, and must comply with the provisions set forth in Article 11 of this Decree.

1. Airlines must follow the procedures for reissuing licenses for the following changes:

a) Modification of any content in the Air Cargo Transportation Business License or the Common Air Service Business License for Commercial Purposes;

b) Transfer of shares to foreign investors.

2. When implementing the provisions of Clause 1 of this Article, airlines must submit one (1) set of documents directly or via postal services to the Civil Aviation Authority of Vietnam for review. The documents include:

a) An original application for reissuance according to Form No. 05 or Form No. 07 as stipulated in the Appendix of this Decree for cases involving the transfer of shares to foreign investors;

b) Relevant documents concerning the approval of changes as specified in Point a of Clause 1 of this Article;

c) A share transfer plan for cases as specified in Point b of Clause 1 of this Article.

3. Within thirty (30) working days from the date of receipt of complete documents as prescribed in Clause 2 of this Article, the Civil Aviation Authority of Vietnam will review the documents and report the results to the Ministry of Transport.

4. Within seven (7) working days from the date of receiving the review report from the Civil Aviation Authority of Vietnam, the Ministry of Transport will reissue the license according to Form No. 01 or Form No. 02 as stipulated in the Appendix of this Decree; for changes as specified in Point b of Clause 1 of this Article, the approval procedure as prescribed in Clause 5 of this Article must be followed; if not approved, the Ministry of Transport will notify the Civil Aviation Authority of Vietnam and specify the reasons.

5. In cases of transferring shares to foreign investors:

a) Within thirty (30) working days from the date of receipt of complete documents as prescribed in Clause 2 of this Article, the Civil Aviation Authority of Vietnam will issue a letter seeking the opinion of the Operations Directorate (Ministry of Defense) on the transfer of shares to foreign investors. The Operations Directorate (Ministry of Defense) is responsible for responding with agreement or disagreement and specifying the reasons within ten (10) working days from the date of receipt of the request letter;

b) Within seven (7) working days from the date of receiving the review report from the Civil Aviation Authority of Vietnam, the Ministry of Transport will submit to the Prime Minister for decision or notify the Civil Aviation Authority of Vietnam in case of non-approval and specify the reasons;

c) Within fifteen (15) working days from the date of receipt of the Memorandum from the Ministry of Transport, the Prime Minister will approve the consent; in case of non-consent, the Prime Minister will notify the Ministry of Transport and specify the reasons;

d) Within five (5) working days from the date of receipt of the Prime Minister's opinion, the Ministry of Transport will notify the approval or non-approval of the share sale plan to the Civil Aviation Authority of Vietnam.

6. The Civil Aviation Authority of Vietnam is responsible for sending the Air Cargo Transportation Business License, the Common Air Service Business License for Commercial Purposes (reissued), the approval document for the share sale plan to foreign investors, or the notification of refusal to approve to the airline within three (3) working days from the date of receipt of the notification from the Ministry of Transport.

7. Airlines requesting reissuance of licenses due to damage, loss, burning, or deterioration of the licenses shall follow the procedures as prescribed in this Article.

Article 20. Changes to enterprises must be registered

1. The following contents must be registered with the Civil Aviation Authority of Vietnam within thirty days from the date of implementation:

a) Amendments to the Charter of Operations, the Charter of Transportation, and the Charter of Common Air Services;

b) Changes to the Certificate of Enterprise Registration;

c) Changes to organizational structure as prescribed in Articles 7 and 11 of this Decree;

d) Changes to members of the management board;

đ) Changes to shareholders holding five percent or more of the charter capital.

2. The airline must submit one (01) set of documents directly or through the postal system to the Civil Aviation Authority of Vietnam, including:

a) The original application for registration of changes according to Form No. 08 stipulated in the Appendix of this Decree;

b) Relevant documents related to the changed contents.

3. Within seven working days from the date of receiving complete files as prescribed in Clause 2 of this Article, the Civil Aviation Authority of Vietnam shall review the files, issue the Certificate of Registration according to Form No. 09 stipulated in the Appendix of this Decree, or notify the airline of refusal to issue the Certificate and specify the reasons.

Chapter III

CERTIFICATE OF REGISTRY

COMMON AIR TRANSPORT ACTIVITIES

Article 21. Conditions for Issuing the Certificate of Registration for Non-commercial Common Air Transport Activities

1. The Certificate of Registration for Non-commercial Common Air Transport Activities is issued to organizations and individuals conducting non-commercial common air transport activities.

2. Conditions for issuing the Certificate of Registration for Non-commercial Common Air Transport Activities:

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 in Vietnam; foreigners residing 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 common air transport activities planned to be conducted must be consistent with the functions of the organization and the individual's specific needs;

e) Meeting national defense and security requirements.

3. Applicants for the Certificate of Registration for Non-commercial Common Air Transport Activities must pay fees as prescribed by law.

Article 22. Documents for Application for Issuance of the Certificate of Registration for Non-commercial Common Air Transport Activities

1. The applicant for the Certificate of Registration for Non-commercial Common Air Transport Activities must submit one (01) set of documents directly or through the postal system to the Civil Aviation Authority of Vietnam.

2. The application package shall include the following documents:

a) The original application for issuance of the Certificate of Registration for Non-commercial Common Air Transport Activities according to Form No. 06 or Form No. 10 stipulated in the Appendix of this Decree in cases of reissue;

b) Certified true copy of the Establishment License or Operation License or Enterprise Registration Certificate (for organizations); certified true copy of Identity Card or Passport (for individuals);

c) Certified true copy of Residence Permit in Vietnam (for foreign citizens residing in Vietnam); certified true copy of Establishment License of Representative Office or Branch in Vietnam (for representative offices and branches of foreign organizations);

d) Aircraft Nationality Registration Certificate, Aircraft Airworthiness Certificate (certified true copy);

đ) Original Exploitation and Maintenance Plan for Aircraft;

e) Appropriate Licenses and Certificates of Flight Crew Members (certified true copy);

g) Operation License of Aircraft Maintenance Facility (certified true copy); Maintenance Service Contract in case of hiring maintenance services (certified true copy or certified true copy accompanied by original for verification).

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

1. Within thirty working days from the date of receiving complete files as prescribed in Article 22 of this Decree, the Civil Aviation Administration of Vietnam shall review the files and issue a document seeking opinions 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 and specify the reasons.

2. The Combat Operations Department (Ministry of National Defense) shall be responsible for replying to the Civil Aviation Administration of Vietnam within ten working days from the date of receipt of the request document. After obtaining the approval opinion of the Combat Operations Department (Ministry of National Defense), the Civil Aviation Administration of Vietnam shall issue the Certificate according to Model No. 03 stipulated in the Appendix of this Decree, or notify the applicant of the refusal to issue the Certificate and specify the reasons.

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

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

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

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

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

đ) Intended airport as the base for aircraft operations;

e) Quantity, type, 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 issuance of 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 affecting national defense security, public interest, and social order;

đ) Intentionally falsifying information in the application file;

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.

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 file and submit one (01) set of files directly or through the postal service to the Civil Aviation Administration of Vietnam, including:

a) Original document requesting change registration according to Model No. 10 stipulated in the Appendix of this Decree;

b) Relevant documents related to the changed contents.

3. The procedures for reviewing and issuing amended Certificates 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 Administration of Vietnam shall issue additional or replacement Certificates of Registration for Non-commercial Air Transport Activities.

4. In the event that the Certificate is revoked, the Civil Aviation Administration of Vietnam shall issue a revocation document, and the relevant organizations or individuals must immediately cease all non-commercial air transport activities; organizations or individuals are responsible for resolving related contracts signed before the revocation of the permit.

Chapter IV

TRADEMARKS AND LICENSESCOMMERCE

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 transportation and common aviation businesses.

Article 26. Use of Brand

1. The trade name or trademark or both of an airline must be displayed on signage and the exterior of aircraft used in commercial air transportation 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 transportation operations and provision of common aviation services in the following cases:

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

b) Jointly owned aircraft of a group of companies under a parent-subsidiary structure as prescribed by laws on enterprises.

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 proprietary brand of any single airline.

5. The use of brand 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. The use of brand 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 (01) set of application documents directly or through postal service to the Civil Aviation Authority of Vietnam. The application for registration of brand use includes the following documents:

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

b) Documents proving compliance with the corresponding provisions at Point b Clause 3 and Clause 4 of this Article;

c) Certified copy of the document granting permission to use the brand by 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 a 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 if the brand use no longer complies with the corresponding provisions at Point c Clause 3 and Clause 4 of this Article.

8. Airlines must pay registration fees as prescribed by law.

Article 27. Commercial Franchising

An airline shall not be permitted to grant commercial franchising rights for air transportation business and common aviation business purposes to another airline in Vietnam.

Chapter V

IMPLEMENTING PROVISIONS

Article 28. Transitional Provisions

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

Article 29. Effective Date

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

Article 30. Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.