Decree No. 70/2007/ND-CP stipulates the registration of nationality and rights for civil aircraft, applicable to organizations and individuals in Vietnam owning or operating aircraft. It details procedures for registration, cancellation, priority payment for rescue services, maintenance of aircraft, provision of information in the Aircraft Register Book, and regulations on nationality marks, registration of notifications regarding the disposal of collateral assets secured by aircraft.
적용 범위
Organizations and individuals in Vietnam owning or operating aircraft; foreign organizations and individuals having rights over aircraft with Vietnamese nationality; organizations and individuals performing rescue and maintenance of aircraft; persons required to provide information in the Aircraft Register Book.
핵심 사항
- Organizations and individuals in Vietnam owning or operating aircraft → may register nationality and rights for aircraft according to the provisions of the Decree.
- The applicant must submit a complete application and be responsible for the information in the application.
- The Civil Aviation Authority of Vietnam is the agency responsible for registering, canceling registrations, and providing information in the Aircraft Register Book.
- Registration of aircraft nationality can be temporary or long-term, with a maximum duration of 12 months for temporary registration.
- The registrant must paint or affix nationality marks and registration on the aircraft as prescribed.
🌐 이 문서의 사회적 영향
- Facilitate the management and operation of civil aircraft by organizations and individuals in Vietnam.
- Reduce legal risks when conducting transactions related to aircraft.
- Provide accurate information about the status of aircraft to state management agencies.
❓ 자주 묻는 질문
Which organizations and individuals can register aircraft nationality?
Organizations and individuals in Vietnam owning or operating aircraft may register aircraft nationality according to the provisions of the Decree.
What is the maximum duration for temporary registration of aircraft nationality?
The maximum duration for temporary registration of aircraft nationality does not exceed 12 months and may be extended once for up to 12 months.
Who is responsible for painting or affixing nationality marks and registration on the aircraft?
The organization or individual in Vietnam owning or operating the aircraft who registers the aircraft must carry out the painting or affixing of nationality marks and registration as prescribed.
What responsibilities does the Civil Aviation Authority of Vietnam have during the registration process?
The Civil Aviation Authority of Vietnam is responsible for carrying out registrations, cancellations, and providing information in the Aircraft Register Book.
If an organization or individual discovers errors in a certificate that has been issued, what should they do?
The applicant must submit an application for correction of errors to the Civil Aviation Authority of Vietnam and provide supporting documents proving the errors.
전문
DECREE
Regarding registration of nationality and rights related to civil aircraft
right to civil aircraft
___________
THE GOVERNMENT
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;
Considering the proposal of the Minister of Transport,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. This Decree stipulates the procedures and formalities for registering, deregistering nationality of aircraft, rights related to aircraft, priority payment rights for rescue services, maintenance of Vietnamese aircraft; registering notifications on the disposal of collateral assets secured by aircraft; providing information in the Aircraft Register of Vietnam; painting and affixing registration marks and nationality marks on aircraft with Vietnamese nationality.
Article 2. The subjects to which this Decree applies include:
a) Organizations and individuals of Vietnam owning and operating aircraft;
b) Organizations and individuals of Vietnam leasing aircraft without crew or purchasing aircraft from foreign organizations and individuals;
c) Organizations and individuals having rights over Vietnamese aircraft;
d) Organizations and individuals performing rescue and maintenance services for Vietnamese aircraft;
e) Organizations and individuals seeking to obtain information from the Aircraft Register of Vietnam.
Article 2. Interpretation of terms
In this Decree, the following terms are understood as follows:
1. ""Applicant" refers to the organization or individual named in the various types of Registration Certificates. is an organization or individual recorded in the types of Registration Certificate.
2. ""Registration Applicant" refers to the organization or individual submitting an application and filing the application dossier. Depending on the case, the Registration Applicant includes:is an organization or individual submitting an application and filing a registration dossier. Depending on the case, the registration applicant includes:
a) The owner of the aircraft or the lessee of the aircraft for registering the nationality of the aircraft;
b) The guarantor or the beneficiary of the guarantee for registering transactions secured by aircraft;
c) The lessee of the aircraft for registering possession rights over the aircraft;
d) The beneficiary of the guarantee already registered in the Aircraft Register of Vietnam for registering notifications on the disposal of collateral assets secured by aircraft;
e) The applicant for renewing, changing, or correcting errors in the registered content;
f) Organizations and individuals rescuing and maintaining aircraft;
g) The authorized representative of the aforementioned persons.
3. ""Deregistration Applicant" refers to the organization or individual submitting an application and filing the deregistration dossier, including:is an organization or individual submitting an application and filing a deregistration dossier, including:
a) The applicant for registering the nationality of the aircraft or registering rights over the aircraft;
b) The guarantor or the beneficiary of the guarantee for registering transactions secured by aircraft;
c) The authorized representative of the aforementioned persons.
4. ""Information Requester" refers to any organization or individual submitting a request for information from the Aircraft Register of Vietnam.is any organization or individual that submits a request for information provision from the Aircraft Register of Vietnam.
5. "ApplicantThese are the persons specified in Clauses 2, 3, and 4 of this Article.
6. “Aircraft Secured Transaction"is the pledge, mortgage, or guarantee transaction using aircraft.
Article 3. Responsibilities of the Applicant
1. The applicant must submit the dossier directly or through postal service to the Civil Aviation Authority of Vietnam and shall be responsible for the information in the dossier.
2. The applicant must pay fees and charges as prescribed by law.
3. Except for the application form and receipt or confirmation of payment of fees and charges which must be original, other documents in the application dossier may be original or copies; if they are in a foreign language, they must be translated into Vietnamese. Copies or translations must be notarized or certified in accordance with the provisions of the law.
4. In the event that the applicant discovers errors in the application form or certificates issued under this Decree, they must request the Civil Aviation Authority of Vietnam to correct the errors. The application dossier for correcting errors shall be carried out in accordance with Clause 2 of Article 28 of this Decree.
Article 4. Documents Proving Legal Status
1. In the case where the applicant is an individual, the documents proving legal status shall include one of the following documents:
a) Identity card or passport for Vietnamese citizens;
b) Documents to determine personal identity for stateless individuals residing or settling in Vietnam in accordance with Vietnamese law;
c) Passport or documents to determine personal identity for foreign individuals in accordance with the laws of the country of which they hold citizenship.
2. In the case where the applicant is an organization, the documents proving legal status shall include one of the following documents:
a) Business registration certificate for economic organizations, establishment decision or operating permit for non-economic organizations established and operating under Vietnamese law;
b) Documents proving legal status for organizations established and operating under foreign laws relevant to such organizations.
The authorized person must have a valid power of attorney.
Article 5. Responsibility for Registration
1. The Civil Aviation Administration of Vietnam, an agency under the Ministry of Transport, is responsible for registering, deregistering aircraft nationality and related rights, priority payment rights for salvage services and aircraft preservation, registering notifications on the disposal of collateral assets secured by aircraft, and providing information in the Aircraft Register of Vietnam.
2. The Civil Aviation Administration of Vietnam is responsible for reviewing applications and assessing the contents declared in the application to decide on registration, deregistration, or provision of information. During the review and assessment process, the Civil Aviation Administration of Vietnam may request the applicant to provide additional information or documents to clarify related issues.
3. Within five working days from the date of receipt of complete applications, the Civil Aviation Administration of Vietnam shall implement registration, deregistration, or provide information in writing if the following requirements are met:
a) The application contains all required documents as stipulated in this Decree;
b) Information in the application is true;
c) The aircraft meets the conditions for registration as stipulated in this Decree.
4. In the event of refusal to implement registration, deregistration, or provision of information, the Civil Aviation Administration of Vietnam must notify the applicant in writing and specify the reasons.
5. The Civil Aviation Administration of Vietnam is responsible for recording information related to registration, deregistration of aircraft nationality and related rights, priority payment rights for salvage services and aircraft preservation, registering notifications on the disposal of collateral assets secured by aircraft in the Aircraft Register of Vietnam.
Chapter II
REGISTRATION OF AIRCRAFT NATIONALITY
Section 1
REGISTRATION PROCEDURES
Article 6. Conditions for Registration of Nationality for Leased Aircraft and Temporary Registration of Nationality for Aircraft
1. Aircraft owned by foreign organizations or individuals leased without crew or purchased by Vietnamese organizations or individuals can be registered with Vietnamese nationality if they meet the conditions specified in Clause 2, Article 13 of the Civil Aviation Law of Vietnam. In the case of purchase lease or lease without crew for a term of 24 months or more, the aircraft must be registered with Vietnamese nationality no later than six months from the date of operation in Vietnam.
2. Aircraft undergoing manufacture, assembly, or testing in Vietnam may be temporarily registered with Vietnamese nationality.
Article 7. Documents for Application to Register Aircraft Nationality
1. The documents for application to register aircraft nationality for aircraft specified in Clause 4 and Clause 5, Article 13 of the Civil Aviation Law of Vietnam include:
a) An application form for registering aircraft nationality, including information such as: name, address, phone number of the applicant and registrant; type of aircraft, serial number, maximum take-off weight, manufacturer's name, year of manufacture; type, quantity, and engine numbers of the aircraft being applied for registration;
b) Legal documents proving the legal status of the applicant and the registrant;
c) Legal documents proving ownership of the aircraft;
d) Certificate of non-registration issued by the manufacturing country or certificate of cancellation of registration issued by the registering country;
đ) Technical condition documents of the aircraft, including: Export airworthiness certificate still valid for aircraft manufactured abroad, type certificate issued or recognized by the Civil Aviation Administration of Vietnam, confirmation from the manufacturer regarding compliance with design and manufacturing conditions still in effect;
e) Aircraft purchase contract, lease contract, or lease-purchase contract (if applicable);
g) Receipt or document confirming payment of fees.
2. The documents for application to temporarily register aircraft nationality as stipulated in Clause 3, Article 13 of the Civil Aviation Law of Vietnam include:
a) An application form for temporarily registering aircraft nationality, including information such as: name, address, phone number of the applicant and registrant; type of aircraft, serial number, maximum take-off weight, aircraft manufacturer's name; type, quantity, and engine numbers of the aircraft; reasons for temporary registration; requested registration period;
b) Legal documents proving the legal status of the applicant and the registrant;
c) Legal documents proving ownership of the aircraft;
d) Confirmation from the Civil Aviation Administration of Vietnam that the aircraft is in the manufacturing, assembly, or testing phase in Vietnam;
đ) Aircraft design documents.
Article 8. Implementation of Aircraft Nationality Registration
1. In cases meeting the requirements specified in Point a, b, and c, Clause 3, Article 5 of this Decree, the Civil Aviation Administration of Vietnam will record relevant information on aircraft nationality registration in the Vietnamese Aircraft Register Book and issue an Aircraft Nationality Registration Certificate according to the model prescribed in Appendix I of this Decree or a Temporary Aircraft Nationality Registration Certificate according to the model prescribed in Appendix II of this Decree.
2. A Temporary Aircraft Nationality Registration Certificate has validity not exceeding 12 months and may be extended once for up to 12 months.
Article 9. Cancellation of Aircraft Nationality Registration
1. The Civil Aviation Administration of Vietnam cancels aircraft nationality registration in cases specified in Article 14 of the Civil Aviation Law of Vietnam.
2. The Civil Aviation Administration of Vietnam cancels temporary aircraft nationality registration in the following cases:
a) The temporary registration period has expired without extension or after the extension period;
b) The aircraft is no longer in the manufacturing, assembly, or testing phase in Vietnam;
c) At the request of the registrant.
3. The registrant is responsible for promptly notifying the Civil Aviation Administration of Vietnam about situations that may lead to cancellation of aircraft nationality registration or temporary cancellation of aircraft nationality registration.
4. In cases where cancellation is at the request of the registrant, the applicant must submit the documents to the Civil Aviation Administration of Vietnam. The cancellation application documents include:
a) An application form including information such as: name, address, phone number of the applicant; type of aircraft, serial number, maximum take-off weight, aircraft manufacturer, nationality and registration number; type, quantity, and engine numbers of the aircraft; reasons for cancellation; registration certificate number;
b) The Aircraft Nationality Registration Certificate or Temporary Aircraft Nationality Registration Certificate already issued;
c) Documents proving the reasons for cancellation.
5. After reviewing and evaluating the documents, the Civil Aviation Administration of Vietnam will record the information in the Vietnamese Aircraft Register Book, issue an Aircraft Nationality Cancellation Certificate according to the model prescribed in Appendix III of this Decree. The Civil Aviation Administration of Vietnam will proceed to recover the Aircraft Nationality Registration Certificate or Temporary Aircraft Nationality Registration Certificate already issued, except in cases where the Aircraft Nationality Registration Certificate or Temporary Aircraft Nationality Registration Certificate is missing or destroyed along with the aircraft.
Section 2
NATIONALITY MARKS AND REGISTRATION MARKS
Article 10. General requirements for painting and attaching nationality marks and registration marks
1. When in operation, aircraft bearing Vietnamese nationality must be painted or attached with nationality marks and registration marks.
2. Aircraft bearing Vietnamese nationality shall not be painted or attached with any mark that has content or form similar to or may cause confusion with aircraft bearing other nationalities.
3. The Civil Aviation Authority of Vietnam is responsible for notifying the International Civil Aviation Organization about the nationality marks and registration marks of aircraft bearing Vietnamese nationality.
Article 11. Marks
1. The nationality mark and registration mark of aircraft bearing Vietnamese nationality consist of a set of characters in letters and numbers. The nationality mark is written before the registration mark and separated by a hyphen "-".
2. The nationality mark of aircraft bearing Vietnamese nationality is the Latin letters "VN" in uppercase. Vietnamese airlines may use the Vietnamese national flag as an emblem accompanying the nationality mark.
3. The registration mark of aircraft bearing Vietnamese nationality includes one of the following Latin letters in uppercase followed by three Arabic numerals:
a) The letter "A" for jet-powered aircraft (Turbofan/Turbojet);
b) The letter "B" for propeller-driven aircraft (Turboprop);
c) The letter "C" for piston-engine aircraft;
d) The letter "D" for other types of aircraft.
Article 12. Position and size of marks
1. Nationality marks and registration marks painted or attached on aircraft must ensure durability, clarity, and visibility regarding position and form.
2. Requirements for type and size of characters in nationality marks and registration marks are as follows:
a) Characters and numbers shall not be stylized;
b) The height of each character (excluding the hyphen) within the same group of marks must be equal;
c) The width of each character (except for the number 1) must be two-thirds the height of each character. The width of the number 1 must be one-sixth the height of each character.
d) The stroke of each character must be thick, contrasting in color with the background where the mark is painted or attached. The width of the stroke must be one-sixth the height of each character;
đ) The distance between characters must be at least one-fourth the width of each character.
3. The position and height of painting or attaching marks for heavier-than-air aircraft are as follows:
a) On the wing: underside of the left wing, and possibly the entire underside of both wings if necessary. The mark must be located equidistant from the leading edge and trailing edge of the wing, with the top of the mark pointing towards the leading edge of the wing. The height of the mark must be at least 50 cm;
b) On the fuselage (or similar structures) and vertical tail surface: the height of the mark must be at least 30 cm and in one of the following areas:
- Both sides of the fuselage between the wing and horizontal stabilizer.
- The upper half of both sides of the fuselage with aircraft having a vertical stabilizer. The upper half of the outer surface of multiple vertical stabilizers with aircraft having multiple vertical stabilizers.
4. Painting or attaching marks for aircraft other than those specified in Clause 3 of this Article shall be decided by the aircraft registrant in accordance with the provisions of Clauses 1 and 2 of this Article and approved by the Civil Aviation Authority of Vietnam.
Chapter III
REGISTRATION OF RIGHTS TO AIRCRAFT
Section 1
GENERAL PROVISIONS
Article 13. General Principles
1. Organizations and individuals of Vietnam possessing rights stipulated in Clause 1 of Article 28 of the Civil Aviation Law of Vietnam for aircraft bearing Vietnamese nationality must register such rights in accordance with this Decree.
2. Foreign organizations and individuals possessing rights stipulated in Clause 1 of Article 28 of the Civil Aviation Law of Vietnam for aircraft bearing Vietnamese nationality may register such rights in accordance with this Decree.
3. Organizations and individuals of Vietnam possessing rights stipulated in Clause 1 of Article 28 of the Civil Aviation Law of Vietnam for aircraft bearing foreign nationality must register such rights in accordance with the laws of the country whose nationality the aircraft bears.
4. The order of registering rights to aircraft is determined based on the time of receiving complete and valid application files.
Article 14. Deletion of Registration of Rights to Aircraft
1. The registrant shall promptly notify the Civil Aviation Authority of Vietnam of cases that may lead to the deletion of registration of rights to aircraft.
2. The person requesting the deletion of registration of rights to aircraft shall submit the dossier to the Civil Aviation Authority of Vietnam. The dossier for requesting deletion includes:
a) A request form for deletion, including information such as the name, address of the requester; the type of registered right requested for deletion; the number of the certificate of registration requested for deletion; reasons for requesting deletion;
b) The certificate of registration already issued;
c) Relevant documents related to the request for deletion;
d) An agreement document from the secured party in case the requester of deletion is the guarantor.
3. After reviewing and evaluating the dossier, the Civil Aviation Authority of Vietnam shall record the information on the request for deletion in the Aircraft Register of Vietnam, issue a Certificate of Deletion according to the model prescribed in Appendix IX of this Decree, and recover the previously issued Certificate of Registration.
Section 2
REGISTRATION OF RIGHTS TO OWNERSHIP AND POSSESSION OF AIRCRAFT
Article 15. Dossier for Requesting Registration of Ownership Right
The dossier for requesting registration of ownership right to aircraft includes:
1. A request form for registration of ownership right to aircraft, including information such as the name, address, phone number of the requester and the registrant; type of aircraft, serial number, maximum take-off weight, aircraft manufacturer, nationality and registration number; type, number, and serial number of aircraft engines; name and address of the previous owner (if any); basis for establishing ownership right;
2. A copy of the Certificate of Registration of Nationality of Vietnamese Aircraft;
3. Documents proving the legal status of the requester and the registrant;
4. Legal documents proving the ownership right to the aircraft; in case of transferring ownership, additional documents proving the ownership right of the previous owner must be provided;
5. Receipts or documents confirming payment of registration fees.
Article 16. Dossier for Requesting Registration of Possession Right
The dossier for requesting registration of possession right to aircraft includes:
1. A request form for registration of possession right to aircraft, including information such as the name, address, phone number of the requester and the registrant; type of aircraft, serial number, maximum take-off weight, aircraft manufacturer, nationality and registration number; type, serial number, and number of aircraft engines; name and address of the owner; scope of the possession right; duration of the requested registration;
2. A copy of the Certificate of Registration of Nationality of Aircraft;
3. Documents proving the legal status of the requester and the registrant;
4. A copy of the aircraft lease contract; purchase lease contract;
5. Receipts or documents confirming payment of registration fees.
Article 17. Implementation of Registration of Ownership and Possession Rights
In case the requirements stipulated in point a and b Clause 3 Article 5 of this Decree are met, the Civil Aviation Authority of Vietnam shall record the relevant information on ownership and possession rights to aircraft in the Aircraft Register of Vietnam and issue a Certificate of Ownership Right to Aircraft according to the model prescribed in Appendix IV of this Decree or a Certificate of Possession Right to Aircraft according to the model prescribed in Appendix V of this Decree.
Article 18. Extension of Registration of Possession Right
1. Within 15 days before the expiry date of the Certificate of Possession Right to Aircraft, the registrant may request an extension of registration.
2. The dossier for requesting extension of registration includes:
a) A request form for extension of registration of possession right to aircraft, including information such as the name, address, phone number of the requester of extension; type of aircraft, serial number, maximum take-off weight, aircraft manufacturer, nationality and registration number; type, serial number, and number of aircraft engines; number of the previously issued registration certificate; aircraft owner; reason for extension of registration; duration of requested extension;
b) Documents proving the extended aircraft lease or purchase lease as stipulated in point b Clause 1 Article 28 of the Civil Aviation Law of Vietnam;
c) A copy of the previously issued Certificate of Registration of Possession Right to Aircraft;
d) Receipts or documents confirming payment of registration fees.
3. In case the requirements stipulated in point a and b Clause 3 Article 5 of this Decree are met, the Civil Aviation Authority of Vietnam shall record the extension information in the Aircraft Register of Vietnam and extend the Certificate of Registration of Possession Right to Aircraft.
Section 3
REGISTRATION OF GUARANTEE TRANSACTIONS WITH AIRCRAFT
Article 19. Documents for Application to Register Security Transactions with Aircraft
1. The documents for application to register security transactions with aircraft include:
a) An application form for registering security transactions with aircraft, including information such as: name, address, phone number of the applicant and registrant; type of transaction; name and address of the guarantor and beneficiary; type of aircraft, manufacturer and country of manufacture, serial number and year of production, nationality and registration number; type, serial number and quantity of aircraft engines; date of conclusion, effective date, expiration date of the transaction and the value of the secured obligation; application deadline;
b) A copy of the Certificate of Aircraft Nationality Registration;
c) Documents proving the legal status of the applicant and registrant;
d) Legal documents proving ownership of the aircraft;
đ) A copy of the security transaction contract with aircraft;
e) Written consent from all co-owners regarding the security transaction with aircraft in cases where the aircraft is jointly owned;
g) Receipt or document confirming payment of the registration fee.
2. In cases where there are multiple security transactions on the same aircraft, the application form must be submitted separately for each transaction. In cases where a single security transaction involves multiple aircraft, the application form must be submitted separately for each aircraft.
Article 20. Implementation of Registration of Security Transactions with Aircraft
1. Where the requirements stipulated in point a and b Clause 3 Article 5 of this Decree are met, the Civil Aviation Administration of Vietnam shall record relevant information about the security transaction with aircraft in the Vietnamese Aircraft Register and issue a Certificate of Registration of Security Transaction with Aircraft according to the model prescribed in Appendix VI of this Decree.
2. The validity period of the registration of the security transaction is determined according to the validity period of the security transaction.
Article 21. Modification of Content of Registered Security Transactions with Aircraft
1. For registered security transactions with aircraft, when there is a change in the content of the transaction, the registrant must submit an application to the Civil Aviation Administration of Vietnam.
2. The application for modification of registered content includes:
a) An application form for changing the content of the registered security transaction with aircraft, including information such as: name, address, phone number of the applicant and registrant; type of transaction and number of the issued Certificate of Registration; content of the change;
b) The Certificate of Registration of the security transaction already issued;
c) Documents proving the legal status of the applicant and registrant;
d) Documents proving the content of the change;
đ) Receipt or document confirming payment of the registration fee.
3. After reviewing the application, the Civil Aviation Administration of Vietnam will revoke the previously issued Certificate of Registration of Security Transaction and issue a new Certificate of Registration of Security Transaction. The effective date of the registration will not be changed.
4. In cases where the change in content involves the aircraft, the applicant must carry out the cancellation of the registration right for the aircraft and re-register it as if it were the first registration.
Article 22. Implementation of Registration of Notification Documents for Disposal of Secured Assets with Aircraft
1. For registered security transactions with aircraft, at least 15 days before disposing of the secured assets, the beneficiary requesting disposal must send a notification document for disposal of secured assets to the guarantor and all other beneficiaries, or must register the notification document for disposal of secured assets with the Civil Aviation Administration of Vietnam.
2. The documents for application to register notification documents for disposal of secured assets with aircraft include:
a) An application form for registering notification documents for disposal of secured assets with aircraft, including information such as: name, address, phone number of the applicant and registrant; type of aircraft, serial number, manufacturer and country of manufacture, year of production; type, quantity and serial number of aircraft engines; type of transaction and number of the issued Certificate of Registration; reasons, methods, time and obligations to be disposed;
b) Notification documents for disposal of secured assets with aircraft;
c) Documents proving the legal status of the applicant and registrant;
d) A copy of the Certificate of Registration of Security Transaction with Aircraft already issued;
đ) Receipt or document confirming payment of the registration fee.
3. Pursuant to Clause 3 Article 5 of this Decree, the Civil Aviation Administration of Vietnam will issue a Certificate of Registration of Notification Document for Disposal of Secured Assets with Aircraft according to the model prescribed in Appendix VII of this Decree to the applicant.
4. The Civil Aviation Administration of Vietnam will notify the guarantor and all other beneficiaries of the issuance of the Certificate of Registration of Notification Document for Disposal of Secured Assets with Aircraft according to the address recorded in the Vietnamese Aircraft Register.
Section 4
REGISTRATION OF PRIORITY PAYMENT RIGHTS
FOR AIRCRAFT PROTECTION AND MAINTENANCE
Article 23. Documents for Application to Register Priority Right to Payment for Aircraft Rescue and Preservation Services
1. Organizations and individuals performing aircraft rescue and preservation services shall submit registration application documents for priority right to payment for such services to the Civil Aviation Authority of Vietnam.
2. The application documents include:
a) An application form for registering the priority right to payment for aircraft rescue and preservation services, including information on the applicant's name, address, phone number, the type of aircraft, nationality and registration number, and the time of rescue and preservation activities;
b) Legal documents proving the legal status of the applicant and the registrant;
c) Evidence of the rescue and preservation activities;
d) Receipts or other documents confirming the payment of registration fees.
Article 24. Registration of Priority Right to Payment for Aircraft Rescue and Preservation Services
1. In cases where the requirements stipulated in point a and b, Clause 3, Article 5 of this Decree are met, the Civil Aviation Authority of Vietnam shall record relevant information about the priority right to payment for rescue and preservation services for Vietnamese-registered aircraft in the Aircraft Register of Vietnam and issue a Certificate of Registration for Priority Right to Payment for Aircraft Rescue and Preservation Services according to the model specified in Appendix VIII of this Decree.
2. For foreign-registered aircraft, the registration of the priority right to payment for rescue and preservation services shall be carried out in accordance with the laws of the country where the aircraft is registered. The Civil Aviation Authority of Vietnam shall confirm that the rescue and preservation activities have been conducted in Vietnam and notify the country where the aircraft is registered.
Chapter IV
VIETNAMESE AIRCRAFT REGISTER
Article 25. Establishment and Management of the Vietnamese Aircraft Register
The Civil Aviation Authority of Vietnam is responsible for establishing, recording, updating information, managing, and utilizing the Vietnamese Aircraft Register. The Vietnamese Aircraft Register can be established in the form of a paper-based register or an electronic register.
Article 26. Contents of the Vietnamese Aircraft Register
1. The Vietnamese Aircraft Register records information related to the registration and deregistration of aircraft nationality, rights over aircraft, priority right to payment for rescue and preservation services, and notifications regarding the disposal of collateral assets secured by aircraft.
2. The Vietnamese Aircraft Register includes the following basic contents:
a) Date of entry into the Vietnamese Aircraft Register for each type of registration;
b) Certificate issued for each type of registration: issuance date;
c) Nationality and registration number;
d) Type of aircraft;
đ) Aircraft manufacturer;
e) Serial number and date of manufacture of the aircraft;
g) Aircraft category;
h) Aircraft type certificate: number, issuing authority;
i) Export airworthiness certificate: number, issuing authority, issuance date;
k) Airworthiness certificate: number, issuing authority, issuance date;
l) Owner: full name, address, nationality;
m) Possessor: full name, address, nationality;
n) Term of possession for leased aircraft;
o) Operator: full name, address, nationality;
p) Lessee: full name, address, nationality;
q) Guarantor: full name, address, nationality;
r) Beneficiary: full name, address, nationality;
s) Value of the obligation secured by the aircraft;
t) Duration of effectiveness of the security transaction registration;
u) Person notifying the disposal of collateral assets secured by the aircraft: full name, address, nationality;
v) Full name, address, nationality of the person performing aircraft rescue and preservation;
x) Duration of effectiveness for temporarily registered aircraft;
y) Deregistration for each type of registration: date, reason for deregistration;
z) Other necessary information.
Article 27. Provision of Information in the Vietnamese Aircraft Register
1. The person requesting information, extracts, or copies from the Vietnamese Aircraft Register shall submit the request to the Civil Aviation Authority of Vietnam.
2. The request for information shall include:
a) A request form for information, extracts, or copies, including the following details: name, address, telephone number of the requester; type of aircraft, serial number, nationality, and registration number of the aircraft; type of registration; requested information content; method of providing information;
b) Receipt or proof of payment of fees.
3. After reviewing the application, the Civil Aviation Authority of Vietnam shall provide information, issue extracts, or copies from the Vietnamese Aircraft Register to the requester.
4. Within fifteen days from the date of issuance of the Certificate of Nationality Registration for the aircraft, the Civil Aviation Authority of Vietnam shall provide information on the registration of the aircraft's nationality to the Ministry of National Defense for airspace management and flight control purposes.
Article 28. Correction of Errors in the Vietnamese Aircraft Register
1. The Civil Aviation Authority of Vietnam shall be responsible for resolving and responding in writing to complaints and requests from organizations and individuals regarding any errors in the Vietnamese Aircraft Register or issued certificates, and shall carry out procedures to correct such errors in accordance with this Decree.
2. The person requesting correction of errors shall submit the application for error correction to the Civil Aviation Authority of Vietnam. The application shall include:
a) A document requesting correction of errors in the Vietnamese Aircraft Register, including the following details: name, address, telephone number of the person requesting error correction; type of registration, content of the error correction;
b) The certificate of registration containing errors;
c) Evidence of the errors.
3. After reviewing the application for error correction, the Civil Aviation Authority of Vietnam shall issue a new corrected certificate to the applicant, simultaneously revoke the erroneous certificate, and record the corrected contents in the Vietnamese Aircraft Register.
Chapter V
IMPLEMENTING PROVISIONS
Article 29. Application to Existing Registrations
1. Existing registrations made before the effective date of this Decree shall continue to be valid under the provisions of Decision No. 971/TTg dated December 28, 1996, issued by the Prime Minister on the Aircraft Registration Regulations, Aircraft Ownership Transfer Registration, and Aircraft Mortgage Registration for Civil Aircraft, and Circular No. 01/2004/TT-BGTVT dated January 16, 2004, issued by the Ministry of Transport guiding Aircraft Registration and Rights Registration for Aircraft, without the need to re-register.
2. Any extension, modification, correction of errors, or cancellation of the registrations referred to in Clause 1 of this Article, carried out after the effective date of this Decree, shall comply with the provisions of this Decree.
Article 30. Effective Date
1. This Decree shall take effect fifteen days after its publication in the Official Gazette.
2. Repeal the following: a written notice Decision No. 971/TTg dated December 28, 1996, issued by the Prime Minister on the Aircraft Registration Regulations, Aircraft Ownership Transfer Registration, and Aircraft Mortgage Registration for Civil Aircraft; Circular No. 01/2004/TT-BGTVT dated January 16, 2004, issued by the Ministry of Transport guiding Aircraft Registration and Rights Registration for Aircraft.
Article 31. Implementation Organization
1. The Ministry of Transport shall be responsible for implementing this Decree.
2. The Ministry of Finance shall establish the rates of collection and management and utilization of fees related to the registration of aircraft nationality, rights registration for aircraft, priority payment right registration for aircraft rescue and maintenance, notification document registration for secured assets by aircraft, and provision of information in the Vietnamese Aircraft Register, upon the proposal of the Ministry of Transport.
3. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central city, are responsible for enforcing this Decree./.
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