Joint Circular No. 43/2011/TTLT/BTC-BGTVT amending and supplementing Joint Circular No. 103/2008/TTLT/BTC-BGTVT dated November 2, 2008, of the Ministry of Finance and the Ministry of Transport guiding the management of domestic air cargo fare and airport aviation services in Vietnam.

JOINT CIRCULAR

Amending and supplementing Circular Jointly Issued No. 103/2008/TTLT/BTC-BGTVT dated November 12, 2008 of the Ministry of Finance and the Ministry of Transport guiding domestic air cargo transportation fare management and airport aviation service prices in Vietnam

--------------------------------

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 management;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the 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 functional management 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 functional management;

The Ministry of Finance and the Ministry of Transport jointly issue this circular to amend and supplement Circular Jointly Issued No. 103/2008/TTLT/BTC-BGTVT dated November 12, 2008 of the Ministry of Finance and the Ministry of Transport guiding domestic air cargo transportation fare management and airport aviation service prices in Vietnam as follows:

Article 1: Amend and supplement certain provisions of Circular Jointly Issued 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 pricing plans and deciding on service prices":

"3.2.1. Direct and guide service supply units to establish pricing plans, price ranges, and fuel surcharge levels; organize the review of pricing plans, price ranges, and fuel surcharge levels established by the units; officially propose in writing to the Ministry of Finance for the decision 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 pricing plans and deciding on prices and price ranges shall be carried out in accordance with 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 "Registering service prices":

"4.3.1. Service price registration is conducted in the form of units preparing two sets of Registration Forms and sending them directly or through postal services to the agency responsible for receiving the Registration Forms, 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 service price registration forms (counted from the date of receipt of the registration form with the stamp of the agency receiving the registration form), if there is no request for explanation from the agency receiving the registration form, the unit may provide services according to the registered price and simultaneously display the price in accordance with the law."

3. Amend and supplement Point 5.1 Clause 5 "Declaring service prices":

"5.1. Service providing units shall declare service prices in accordance with Clause 5.2 Point 5 Section II of this Circular. Declaration forms shall be prepared in two sets and sent directly or through postal services to the agency responsible for receiving declaration forms, 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 time limit for the agency to process the declaration form is five working days (counted from the date of receipt of the declaration form with the stamp of the agency receiving the declaration form). After five working days, if there is no request for explanation from the agency receiving the declaration form, the unit may provide services according to the declared price and simultaneously display the price in accordance with the law."

4. Amend and supplement Clause 6 "Negotiating aviation service prices":

4.1. Amend and supplement Point 6.3.4:

"6.3.4. Negotiation price documents shall be prepared in accordance with the unified model at Appendix No. 4 attached to this Circular and submitted directly or through postal services to the competent authority organizing the negotiation one set (01); simultaneously send one set of documents through postal services or by email (email) to the purchasing party (or selling party)."

4.2. Supplement Point 6.4 on 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 documents, if the negotiation price documents of organizations and individuals engaged in production and business have not been fully completed in accordance with regulations, the competent authority organizing the negotiation shall issue a document requesting the parties involved in the negotiation to comply with the regulations.

b) Within fifteen working days from the date of receipt of valid negotiation price documents in accordance with regulations, the competent authority organizing the negotiation must organize the negotiation.

c) At the negotiation meeting:

- The competent authority organizing the negotiation shall present the purpose, requirements, and content of the negotiation; require the purchasing party and selling party to present their negotiation documents and plans; and listen to the opinions of relevant agencies participating in the negotiation.

- The competent authority organizing the negotiation shall conclude and record the minutes (signed by the negotiation organizing authority, representatives of the purchasing party, and representatives of the selling party), then issue a document announcing the results of the negotiation for both the purchasing and selling parties to implement.

d) Organizations and individuals engaged in production and business who request negotiation may withdraw their negotiation documents to negotiate independently with each other on the purchase and sale prices of goods and services subject to negotiation before the competent authority organizes the negotiation."

4.3. Re-number the old Point 6.4 as Point 6.5.

Article 2: This Circular takes effect forty-five days from the date of signature. The contents stipulated in Joint Circular No. 103/2008/TTLT-BTC-BGTVT that are not amended or supplemented by this Joint Circular remain in force.

In the course of implementation, if any difficulties arise, agencies and units are requested to promptly report to the Ministry of Finance and the Ministry of Transport for study and resolution./.