Joint Circular No. 43/2011/TTLT-BTC-BGTVT amends and supplements Joint Circular No. 103/2008/TTLT-BTC-BGTVT on the management of domestic air cargo transportation rates and airport aviation services. The main contents include adjustments to the authorities' and agencies' powers and responsibilities in formulating, submitting, and appraising pricing plans; regulations on registering and declaring service prices; and the negotiation price procedure.
适用范围
Domestic aviation service supply units at Vietnamese airports
要点
- Service provider → prepares pricing plan, price range, fuel surcharge level, and submits to the Ministry of Transport (Vietnam Civil Aviation Administration) and the Ministry of Finance (Price Management Department); the appraisal period is 5 working days.
- Service provider → registers prices by directly sending or mailing application forms; implements prices after 5 days if there is no request for explanation from the receiving agency.
- Service provider → declares prices and sends application forms to the Ministry of Transport (Vietnam Civil Aviation Administration) and the Ministry of Finance (Price Management Department); the processing time is 5 working days.
- Price negotiation file → prepared by both buyer and seller, sent directly or by mail to the competent authority organizing the negotiation; simultaneously sent to the buyer (or seller).
- Competent authority → organizes negotiations within 15 working days from the date of receipt of complete valid files, presenting objectives, requirements, and conclusions at the meeting.
🌐 本文件的社会影响
- Positive impact: Simplifies administrative procedures, reduces time and costs for aviation service providers.
- Negative impact: May cause difficulties in monitoring and managing transportation rates if the receiving agency does not provide explanations.
- Beneficiary: Domestic aviation service providers at Vietnamese airports.
- Affected party: State management agencies for finance and transport.
❓ 常见问题
What must service providers do to register prices?
Providers need to prepare two sets of files and send them directly or by mail to the Ministry of Transport (Vietnam Civil Aviation Administration) and the Ministry of Finance (Price Management Department). The processing time is 5 working days.
What is the appraisal period for pricing plans, price ranges, and fuel surcharge levels?
The appraisal period is 5 working days from the date of receipt of the service provider's files.
How long do competent authorities organize price negotiations?
Within 15 working days from the date of receipt of complete valid files, the competent authority organizes price negotiations.
Can service providers withdraw their negotiation price files?
Yes, providers have the right to withdraw their negotiation price files before the competent authority organizes negotiations if they wish to negotiate prices among themselves.
When does this circular take effect?
This circular takes effect 45 days from the date of signature.
全文
JOINT CIRCULAR
Regarding amendments and supplements to Circular Joint Circular No. 103/2008/TTLT/BTC-BGTVT dated November 12, 2008 of the joint circular
Ministry of Finance - Ministry of Transport guiding domestic air cargo transportation fare management and airport aviation service pricing in Vietnam
and the price of aviation services at Vietnamese airports
_____________________________________
Pursuant to the Civil Aviation Law No. 66/2006/QH11 dated June 29, 2006;
Pursuant to the Price Law No. 40/2002/UBTVQH10 dated April 26, 2002;
Pursuant to Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Law and Decree No. 75/2008/NĐ-CP dated June 9, 2008 of the Government amending and supplementing certain provisions of Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Law;
Pursuant to Decree No. 83/2007/NĐ-CP dated May 25, 2007 of the Government on civil aviation airport operation management;
Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Finance;
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;
To implement Resolution No. 45/NQ-CP dated November 16, 2010 of the Government on simplifying administrative procedures within the scope of the Ministry of Transport's management functions and Resolution No. 68/NQ-CP dated December 27, 2010 of the Government on simplifying administrative procedures within the scope of the Ministry of Finance's management functions;
The joint circular of the Ministry of Finance - Ministry of Transport guides the amendment and supplementation of Joint Circular No. 103/2008/TTLT/BTC-BGTVT dated November 12, 2008 of the joint circular of the Ministry of Finance - Ministry of Transport guiding domestic air cargo transportation fare management and airport aviation service pricing in Vietnam as follows:
Article 1. Amend and supplement some provisions of Joint Circular No. 103/2008/TTLT-BTC-BGTVT as follows:
1. Amend and supplement Point 3.2.1 Clause 3 "Authorities and responsibilities of agencies and units in establishing, submitting, reviewing price plans, and deciding prices for services":
“3.2.1. Direct and guide service supply units to establish price plans, price ranges, and fuel surcharge levels; organize the review of price plans, price ranges, and fuel surcharge levels established by the units; officially propose in writing to the Ministry of Finance to decide on service prices, price ranges, and maximum fuel surcharge levels as stipulated in Clause 3.1 Point 3 Section II of this Circular. The time limit for reviewing price plans, deciding prices, and price ranges shall be carried out according to the provisions of Clause 2 Article 10 of Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Law.”
2. Amend and supplement Point 4.3.1 Clause 4 "Price registration":
“4.3.1. Price registration is conducted in the form of units preparing two sets of Registration File and sending them directly or through postal mail to the agency receiving the Registration File, which is the Ministry of Transport (Civil Aviation Administration) one set (01) and the Ministry of Finance (Price Management Department) one set (01) before implementing the registered price. After five working days from the date of receipt of the unit’s Registration File (as evidenced by the receipt stamp of the agency receiving the Registration Form), if there is no request for explanation from the agency receiving the Registration File, the unit may provide services at the registered price while simultaneously complying with the legal requirements for price display.”
3. Amend and supplement Point 5.1 Clause 5 "Service price declaration":
“5.1. Service providing units shall declare service prices as stipulated in Clause 5.2 Point 5 Section II of this Circular. Declaration files shall be prepared in two sets and sent directly or through postal mail to the agency receiving the Declaration File, which is the Ministry of Transport (Civil Aviation Administration) one set (01) and the Ministry of Finance (Price Management Department) one set (01) before implementing the declared price. The agency receiving the file will process it within five working days from the date of receipt of the Declaration File (as evidenced by the receipt stamp of the agency receiving the Registration Form). After five working days, if there is no request for explanation from the agency receiving the Declaration File, the unit may provide services at the declared price while simultaneously complying with the legal requirements for price display.”
4. Amend and supplement Clause 6 "Negotiation of aviation service prices":
4.1. Amend and supplement Point 6.3.4:
“6.3.4. Negotiation price files shall be prepared according to the unified model specified in Appendix No. 4 attached to this Circular and submitted directly or through postal mail to the competent authority organizing the negotiation price one set; simultaneously send one set of the file through postal mail or email to the purchasing party (or selling party).”
4.2. Supplement Point 6.4 regarding the "Procedure for negotiating prices":
“6.4. Procedure for negotiating prices:
a) Within five working days from the date of receipt of the negotiation price file, if the organization or individual producing or trading has not fully complied with the regulations, the competent authority organizing the negotiation price shall issue a written notice requiring the parties involved in the negotiation price to comply with the regulations.
b) Within fifteen working days from the date of receipt of all valid negotiation price files, the competent authority organizing the negotiation price must organize the negotiation price.
c) At the negotiation price meeting:
- The competent authority organizing the negotiation price shall present the purpose, requirements, and content of the negotiation price; request the purchasing party and selling party to present their negotiation price files and plans; and listen to the opinions of related agencies participating in the negotiation price.
- The competent authority organizing the negotiation price shall conclude and record the minutes (signed by the authority organizing the negotiation price, representatives of the purchasing party, and representatives of the selling party), then issue a written notification of the negotiation price results for both parties to implement.
d) Organizations or individuals producing or trading who have requested negotiation prices have the right to withdraw the negotiation price file to negotiate with each other about the purchase and sale prices of the goods or services subject to negotiation before the competent authority organizes the negotiation price.”
4.3. Re-number the old Point 6.4 as Point 6.5.
Article 2. This Circular shall take effect forty-five days from the date of signature. The other contents prescribed in Joint Circular No. 103/2008/TTLT-BTC-BGTVT that are not amended or supplemented herein shall remain in force.
During implementation, if any difficulties arise, it is requested that relevant agencies and units promptly report to the Ministry of Finance and the Ministry of Transport for study and resolution./.
DEPUTY MINISTER
DEPUTY MINISTER
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