Circular No. 52/2018/TT-BGTVT amends and supplements certain provisions of Circular No. 81/2014/TT-BGTVT dated December 30, 2014, issued by the Minister of Transport regarding air transportation and common aviation activities.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 81/2014/TT-BGTVT on air transportation and common aviation activities

2019 the 12 year 2014 of the Minister 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           Pursuant to Decree No. 110/2011/NĐ-CP dated December 5, 2011 of the Government on management of aircraft leasing, purchasing, engine, spare parts, and maintenance services for aircraft, engines, and spare parts;

           Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Transport;

          At the proposal of the Director of the Transport Department and the Director of the Civil Aviation Administration of Vietnam,

          The Minister of Transport issues this Circular amending and supplementing certain provisions of Circular No. 81/2014/TT-BGTVT dated December 30, 2014

on air transportation and common aviation activities. of the Minister of Transport Article 1. Amending and supplementing certain provisions of Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on air transportation and common aviation activities (hereinafter referred to as Circular No. 81/2014/TT-BGTVT dated December 30, 2014)

1. Points c and d of Clause 1 of Article 1 shall be amended and supplemented as follows:

"c) Issuing, reissuing, and revoking the License for Establishing Representative Office and Ticket Sales Office of foreign airlines in Vietnam, and the Certificate of Registration for Agency Activities of Vietnamese legal entities for foreign airlines;

d) Issuing and revoking the Certificate of Registration for Secondary Airway Bill Export;"

Article 3. Plan for Exploitation of Aircraft Fleet of Air Transportation Businesses (hereinafter referred to as Airline) and Common Aviation Businesses in Vietnam

2. Article 3 shall be amended and supplemented as follows:

1. Airlines and Common Aviation Businesses shall be responsible for developing annual, medium-term (5 years), and long-term (10 years or more) plans for exploiting their aircraft fleets to carry out air transportation and common aviation activities in Vietnam.

2. The plan for exploiting the aircraft fleet of Airlines must include the following contents:

c) The number of aircraft types planned to operate throughout the network; the aircraft types planned to operate on each route of the airline;

d) Plan to ensure resources (human resources, finance) for operating and maintaining the aircraft fleet.

3. In case the contents of the aircraft fleet utilization plan stipulated in this Article are amended or supplemented, the enterprise shall be responsible for reporting to the Civil Aviation Authority of Vietnam within 30 days from the date the enterprise decides to amend or supplement the plan.

d) The plan to ensure resources (human resources, finance) for operating and maintaining the aircraft fleet.

3. The plan for exploiting the aircraft fleet of Common Aviation Businesses must include the following contents:

a) Forecast of demand for common aviation market that the business plans to exploit;

b) Planned network of routes, areas of common aviation operations, number of hours of aircraft operation;

c) The number of aircraft types planned to operate throughout the network; the aircraft types planned to operate on each route and area of common aviation operations of the business;

a) Report title: aircraft fleet utilization plan;

4. Airlines and Common Aviation Businesses shall be responsible for reporting to the Civil Aviation Administration of Vietnam for inspection and supervision of the implementation of the aircraft fleet exploitation plan within the following deadlines:

a) For the annual plan, before November 1 of the year preceding the planning year;

b) For the medium-term and long-term plans, report 60 days prior to the start date of the plan.

5. In case the contents of the aircraft fleet exploitation plan under Clause 2 or Clause 3 of this Article are amended or supplemented, the enterprise shall be responsible for reporting to the Civil Aviation Administration of Vietnam within 30 days from the date the enterprise decides to amend or supplement the plan."

3. Clause 1, Clause 3, and Clause 5 of Article 8 shall be amended and supplemented as follows:

a) Conditions for selecting CBs to deposit temporary idle STF with term

"1. A delayed flight is a flight with an actual departure time (counted from the moment the aircraft is removed from the parking stand) later than 15 minutes compared to the scheduled take-off time according to the base flight schedule. The base flight schedule is the final version of the daily flight schedule of the airline updated to the Civil Aviation Administration of Vietnam, Airports Control Units, and Regional Air Traffic Management Companies not later than 22:00 Hanoi time (15:00 UTC) of the day before the operational day."

b) Clause 3 of Article 8 shall be amended and supplemented as follows:

"3. A cancelled flight is a flight that is not carried out based on the airline's cancellation schedule."

c) Clause 5 of Article 8 shall be amended and supplemented as follows:

"5. An early departure flight is a flight with an actual departure time (counted from the moment the aircraft is removed from the parking stand) earlier than the scheduled take-off time according to the base flight schedule."

4. Article 10 shall be amended and supplemented as follows:

"Article 10. Procedures for Issuing, Reissuing, and Revoking the License for Establishing Representative Office and Ticket Sales Office of Foreign Airlines in Vietnam

1. Foreign airlines applying for issuance of the License for Establishing Representative Office and Ticket Sales Office shall submit one set of application documents directly or through postal service or other appropriate means to the Civil Aviation Administration of Vietnam and bear responsibility for the information in the application. The application includes:

a) A request letter in the format prescribed in Appendix III issued together with this Circular;

b) A copy of the establishment permit or business registration certificate or equivalent documents of the airline (in Vietnamese or English);

c) A copy of the operating rules of the 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;

d) A copy from the original or a copy and presentation of the original for verification (in case of direct submission), or a certified copy (in case of submission through postal service) of the appointment document of the head of the Representative Office and Ticket Sales Office (in Vietnamese or English).

2. Within five working days from the date of receipt of complete application documents as prescribed, the Civil Aviation Administration of Vietnam shall be responsible for reviewing and issuing the License according to the model specified in Appendix XIII attached to this Circular. If the License is not issued, the reasons must be stated in writing.

In case the application for issuance of the License is incomplete, within two working days from the date of receipt of the application, the Civil Aviation Administration of Vietnam shall issue a written request for the airline to complete the application, and the processing period will be calculated from the date of receipt of complete application documents as prescribed.

3. The representative office establishment permit and ticket sales office permit shall take effect from the date of issuance and be revoked in case of violation of the provisions stipulated in Clause 5, Article 123 of the Civil Aviation Law of Vietnam or upon request of the airline.

4. In case of any change to the contents of the already issued representative office establishment permit or ticket sales office permit, the foreign airline shall submit one set of application documents directly or through postal service or other appropriate means to the Vietnam Civil Aviation Authority and shall bear responsibility for the information contained in the application.

a) The application documents shall include the application form prescribed in Appendix IV attached hereto and relevant materials related to the requested changes in Vietnamese or English.

b) Within three working days from the date of receipt of complete application documents as prescribed, the Vietnam Civil Aviation Authority shall be responsible for reviewing and reissuing the permit according to the model prescribed in Appendix XIII attached hereto.

In case the application documents for reissuance of the permit are incomplete as prescribed, within two working days from the date of receipt of the application, the Vietnam Civil Aviation Authority shall issue a written request for the airline to complete the application documents, and the processing time shall commence from the date of receipt of complete application documents as prescribed.

5. When applying for issuing or reissuing a license for establishing a representative office or sales office, the airline shall pay the fee as prescribed by law.

6. In case the license needs to be reissued due to damage or loss, the airline shall follow the procedures and formalities prescribed in Clause 4 of this Article.

7. In case the permit is revoked, the Vietnam Civil Aviation Authority shall issue a decision to revoke the permit and the airline must immediately cease operations of the representative office and ticket sales office.

5. Article 11 is amended and supplemented as follows:

"Article 11. Procedures for Issuing, Reissuing, and Revoking the Certificate of Registration for Representative Activities of Vietnamese Legal Entities for Foreign Airlines"

1. A Vietnamese enterprise shall submit one set of application documents for issuing the Certificate of Registration for Representative Activities of Vietnamese Legal Entities for foreign airlines operating in Vietnam directly or through postal service or other appropriate means to the Vietnam Civil Aviation Authority and shall bear responsibility for the information contained in the application. The application documents shall include:

a) The application form prescribed in Appendix V attached hereto;

b) A copy from the original register or a certified copy with the original presented for verification (in case of direct submission) or a certified copy (in case of submission through postal service) of the Enterprise Registration Certificate;

c) A copy of the agreement on the delegation of representation in Vietnam between the foreign airline and the receiving enterprise.

2. Within five working days from the date of receipt of the application documents, the Vietnam Civil Aviation Authority shall be responsible for reviewing and issuing the certificate according to the model prescribed in Appendix XIV attached hereto. In case the certificate is not issued, the reasons must be stated in writing.

In case the application documents for issuing the certificate are incomplete as prescribed, within two working days from the date of receipt of the application, the Vietnam Civil Aviation Authority shall issue a written request for the enterprise to complete the application documents, and the processing time shall commence from the date of receipt of complete application documents as prescribed.

3. Enterprises applying for the issuance of the Certificate of Registration for Representative Activities shall pay the fee as prescribed by law.

4. The Certificate of Registration for Representative Activities for foreign airlines shall take effect from the date of issuance and be revoked in the following cases:

a) At the request of the enterprise;

b) The agreement on the delegation of representation in Vietnam between the foreign airline and the receiving enterprise becomes invalid;

c) The enterprise ceases operations continuously for six months without notifying the authority issuing the Certificate of Registration for Representative Activities for foreign airlines.

5. In case the certificate is damaged, lost, or there is a change in one of the contents of the already issued certificate, the Vietnamese enterprise shall submit one set of application documents for reissuing the certificate directly or through postal service or other appropriate means to the Vietnam Civil Aviation Authority and shall bear responsibility for the information contained in the application.

a) The application documents shall include the documents prescribed in point a and point c of Clause 1 of this Article, and relevant documents related to the requested changes in the case of changes in the contents of the certificate.

b) Within three working days from the date of receipt of complete application documents as prescribed, the Vietnam Civil Aviation Authority shall be responsible for reviewing and reissuing the certificate according to the model prescribed in Appendix XIV attached hereto.

In case the application documents for reissuing the certificate are incomplete as prescribed, within two working days from the date of receipt of the application, the Vietnam Civil Aviation Authority shall issue a written request for the enterprise to complete the application documents, and the processing time shall commence from the date of receipt of complete application documents as prescribed.

6. In case the certificate is revoked, the Vietnam Civil Aviation Authority shall issue a decision to revoke the certificate and the enterprise must immediately cease representative activities under the certificate issued.

6. Clause 1 and Clause 3 of Article 12 shall be amended and supplemented as follows:

a) Clause 1 of Article 12 shall be amended and supplemented as follows:

"1. Within sixty days from the date of issuance of the permit or certificate, the representative offices and ticket sales offices of foreign airlines and Vietnamese legal entities representing foreign airlines in Vietnam shall have the obligation to report their activities to the Vietnam Civil Aviation Authority in the form of paper, electronic document, or fax according to the model prescribed in Appendix VI attached hereto. The airline and Vietnamese legal entity shall bear responsibility for the truthfulness and accuracy of the content of the activity report."

b) Clause 3 of Article 12 shall be amended and supplemented as follows:

"3. The representative offices, ticket sales offices, and Vietnamese legal entities representing foreign airlines shall implement annual periodic reports on their activities according to the permits and certificates issued. The report shall be submitted to the Vietnam Civil Aviation Authority in the form of paper, electronic document, or fax before January 31 of the following year according to the model prescribed in Appendices VII and XVI attached hereto. The airline and Vietnamese legal entity shall bear responsibility for the truthfulness and accuracy of the content of the activity report."

7. Article 14 shall be amended and supplemented as follows:

"Article 14. Procedures for Registering Secondary Airway Bills"

1. A Vietnamese enterprise shall submit one set of application documents for direct registration or through postal service or other appropriate means to the Vietnam Civil Aviation Authority and shall be responsible for the information contained in the documents. The application package includes:

a) A request letter according to the model prescribed in Appendix IX issued together with this Circular;

b) A copy from the original register or a certified copy with the original presented for verification (in case of direct submission) or a certified copy (in case of submission through postal service) of the Enterprise Registration Certificate;

c) A copy of the secondary airway bill sample of the receiving enterprise.

2. A Vietnamese enterprise registering to issue secondary air waybills on behalf of foreign freight forwarders shall submit one set of application documents for direct registration or through postal service or other appropriate means to the Vietnam Civil Aviation Authority and shall be responsible for the information contained in the documents. The application package includes:

a) A request letter according to the model prescribed in Appendix X issued together with this Circular;

b) A copy from the original register or a certified copy with the original presented for verification (in case of direct submission) or a certified copy (in case of submission through postal service) of the Enterprise Registration Certificate;

c) A copy of the agency agreement for issuing secondary air waybills;

d) A copy of the sample of the secondary air waybill of the foreign freight forwarder;

đ) A copy of the Enterprise Registration Certificate or equivalent document of the foreign freight forwarder.

3. Within five working days from the date of receipt of complete application documents as prescribed, the Vietnam Civil Aviation Authority shall be responsible for reviewing and issuing the Registration Certificate according to the form prescribed in Appendix XV attached hereto. In case of non-issuance of the Registration Certificate, the reasons must be stated in writing.

In case the application documents for the issuance of the Registration Certificate are incomplete as prescribed, within two working days from the date of receipt of the documents, the Vietnam Civil Aviation Authority shall issue a written request for the enterprise to complete the documents, and the processing time will be calculated from the date of receipt of complete documents as prescribed.

4. An enterprise applying for the issuance of the Registration Certificate for exporting secondary airway bills shall pay the fee as prescribed by law.

5. The Registration Certificate for exporting secondary airway bills issued by the Vietnam Civil Aviation Authority shall take effect from the date of signature and shall be revoked in the following cases:

a) At the request of the enterprise;

b) The enterprise ceases operations continuously for six months without notifying the issuing authority.

6. In case the Registration Certificate is revoked, the Vietnam Civil Aviation Authority shall issue a decision to revoke the Registration Certificate and the enterprise must immediately cease the activities of issuing secondary air waybills under the issued Registration Certificate.

7. Enterprises registered to issue secondary air waybills shall report their annual operations regularly according to the issued Registration Certificate. The report shall be submitted to the Vietnam Civil Aviation Authority in paper form, electronic form, or fax before January 31 of the following year according to the form prescribed in Appendix XVII attached hereto. The enterprise shall be responsible for the truthfulness and accuracy of the contents of the annual operation report.

8. Replace Appendices IV, VI, VII, IX, X issued together with Circular No. 81/2014/TT-BGTVT dated December 30, 2014 with Appendices IV, VI, VII, IX, X issued together with this Circular.

9. Supplement Appendices XIII, XIV, XV, XVI, XVII issued together with Circular No. 81/2014/TT-BGTVT dated December 30, 2014 with Appendices XIII, XIV, XV, XVI, XVII issued together with this Circular.

Article 2. Implementation clause

1. This Circular takes effect from December 1, 2018.

2. The Director of the Ministry's Office, the Inspector General, the Heads of Departments, the Director of the Vietnam Civil Aviation Authority, the Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular.