Decree No. 50/2012/ND-CP amends and supplements certain provisions of Decree No. 70/2007/ND-CP dated April 20, 2007 of the Government on nationality registration and rights registration for civil aircraft.

DECREE

Amending and supplementing some articles of Decree No. 70/2007/NĐ-CP dated April 20, 2007 of the Government on nationality registration and registration of rights for civil aircraft

The Government promulgates the Decree amending and supplementing some articles of Decree No. 70/2007/NĐ-CP dated April 20, 2007 of the Government on nationality registration and registration of rights for civil aircraft,

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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;

Article 1. Amending and supplementing some articles of Decree No. 70/2007/NĐ-CP dated April 20, 2007 of the Government stipulating nationality registration and registration of rights for civil aircraft with the following contents:

1. Amending Clause 1 and Clause 3 of Article 3 as follows:

"1. The applicant must submit one set of application files to the Civil Aviation Administration of Vietnam either by direct submission at the Civil Aviation Administration of Vietnam or through the postal system, and shall be responsible for the accuracy of the information in the application file.

3. The application form must be the original, while other documents in the application file may be originals or certified copies; if the documents are in a foreign language, they must be translated into Vietnamese and certified in accordance with the provisions of the law."

2. Amending Clause 3 of Article 5 as follows:

"3. Within five working days from the date of receipt of a complete application file as prescribed, the Civil Aviation Administration of Vietnam shall carry out the registration, cancellation of registration, or provide information in writing to the applicant."

3. Amending Clause 1 of Article 7 as follows:

"1. The application file for nationality registration of aircraft specified in Clause 4 and Clause 5 of Article 13 of the Civil Aviation Law of Vietnam includes:

a) An application form for nationality registration of aircraft according to the model prescribed in Appendix I of this Decree;

b) Documents proving the legal status of the applicant and the registrant of the aircraft;

c) Legal documents proving ownership of the aircraft;

d) A certificate of non-registration issued by the country of manufacture or a certificate of cancellation of registration issued by the registering country;

đ) Documentation regarding the technical condition of the aircraft, including: Export airworthiness certificates still valid for aircraft manufactured abroad, type certificates issued or recognized by the Civil Aviation Administration of Vietnam, and confirmation documents from the manufacturer regarding compliance with design and manufacturing conditions still in effect;

e) Purchase contract for the aircraft, lease contract for the aircraft, or lease-purchase contract for the aircraft."

4. Amending Clause 2 of Article 7 as follows:

"2. The application file for temporary nationality registration of aircraft specified in Clause 3 of Article 13 of the Civil Aviation Law of Vietnam includes:

a) An application form for temporary nationality registration of aircraft according to the model prescribed in Appendix VIII of this Decree;

d) Legal documents proving that the aircraft is in the manufacturing, assembly, or testing phase in Vietnam;đ) Aircraft design documentation."

c) Legal documents proving ownership of the aircraft;

d) A certificate of non-registration issued by the country of manufacture or a certificate of cancellation of registration issued by the registering country;

5. Amending Clause 4 of Article 9 as follows:

"4. In the case of cancellation of nationality registration of aircraft upon request of the registrant, the applicant must submit an application for cancellation of registration according to the model prescribed in Appendix II of this Decree to the Civil Aviation Administration of Vietnam either by direct submission or through the postal system."

6. Amending Clause 2 of Article 14 as follows:

"2. The application file for cancellation of registration of rights over aircraft sent to the Civil Aviation Administration of Vietnam includes:

a) An application form for cancellation of registration of rights over aircraft according to the model prescribed in Appendix VII of this Decree;

b) Certificate of registration already issued;

c) Purchase contract for the aircraft, lease contract for the aircraft, or lease-purchase contract for the aircraft;d) Written consent of the guarantor party in the case where the applicant is the guarantor."

c) Contract for purchasing aircraft or leasing aircraft or financing lease of aircraft; d) Written consent of the guarantor recipient in the case where the party requesting cancellation is the guarantor.

7. Amend Article 15 as follows:

"Article 15. Documents for Application to Register Ownership Rights

The documents for application to register ownership rights of aircraft include:

1. An application form for registering ownership rights of aircraft according to the model prescribed in Appendix III of this Decree;

2. A certified copy of the Certificate of Registration of Nationality of Vietnamese Aircraft;

3. Legal documents proving the legal status of the applicant and the registrant;

4. Legal documents proving ownership of the aircraft; in case of transferring ownership, additional documents proving the ownership of the previous owner must be provided.

"Article 16. Safety distances for warehouses, wharfs, and jetties for oil and oil products

"Article 16. Documents for Application to Register Possession Rights of Aircraft

The documents for application to register possession rights of aircraft include:

1. An application form for registering possession rights of aircraft according to the model prescribed in Appendix IV of this Decree;

2. A certified copy of the Certificate of Registration of Nationality of Aircraft;

3. Legal documents proving the legal status of the applicant and the registrant;

4. A certified copy of the lease contract or lease-purchase contract of the aircraft.

9. Amend Clause 2 of Article 18 as follows:

"2. The documents for application to extend registration include:

a) An application form for extending registration of possession rights of aircraft according to the model prescribed in Appendix V of this Decree;

b) Documents proving the lease-purchase or lease of aircraft as stipulated at point b of Clause 1 of Article 28 of the Civil Aviation Law of Vietnam that have been extended;

c) A certified copy of the Certificate of Registration of possession rights of aircraft already issued."

10. Add Article 18a as follows:

"Article 18a. Registration of Pledge and Mortgage of Aircraft and Provision of Information on Pledge and Mortgage of Aircraft

The registration of pledge and mortgage of aircraft and provision of information on pledge and mortgage of aircraft shall be carried out in accordance with the provisions of Government Decree No. 83/2010/NĐ-CP dated July 23, 2010 on registration of secured transactions.

11. Amend Clause 2 of Article 23 as follows:

"2. The documents for application to register include:

a) An application form for registering payment rights for salvage and maintenance of aircraft according to the model prescribed in Appendix VI of this Decree;

b) Documents proving the legal status of the applicant and the registrant;

c) Confirmation of salvage and maintenance activities of the airline or related Air Traffic Control Office."

12. Amend Clause 1 and Clause 2 of Article 27 into one Clause as follows:

"1. The person requesting to provide information, extracts, copies from the Vietnamese Aircraft Register sends the request for information according to the model prescribed in Appendix IX of this Decree to the Civil Aviation Administration of Vietnam."

13. Amend and supplement Appendices as follows:

"1. Appendix I: Model application form for registering Vietnamese nationality for aircraft.

2. Appendix II: Model application form for deleting registration of Vietnamese nationality for aircraft.

3. Appendix III: Model application form for registering ownership rights of aircraft.

4. Appendix IV: Model application form for registering possession rights of aircraft.

5. Appendix V: Model application form for extending registration of possession rights of aircraft.

6. Appendix VI: Model application form for registering payment rights for salvage and maintenance of aircraft.

7. Appendix VII: Model application form for deleting registration of rights over aircraft.

8. Appendix VIII: Model application form for temporarily registering Vietnamese nationality for aircraft.

9. Appendix IX: Model application form for providing information, extracts, copies from the Vietnamese Aircraft Register."

Article 2. Implementation

1. This Decree takes effect from August 15, 2012.

2. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under central city administrations, relevant enterprises, and individuals are responsible for implementing this Decree./.