Circular No. 81/2014/TT-BGTVT on air cargo transportation and general aviation activities

CIRCULAR

Regulations on air transportation and common aviation activities

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Pursuant to the Civil Aviation Law of Vietnam 2006;

Pursuant to Decree No. 30/2013/NĐ-CP dated April 8, 2013 of the Government on air transportation business and common aviation activities;

Pursuant to Decree No. 110/2011/NĐ-CP dated December 5, 2011 of the Government on management of aircraft leasing, purchasing, engine, spare parts, material services, and maintenance, repair of aircraft engines and spare parts;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

stipulating on air cargo transportation and common aviation activities (hereinafter referred to as Circular No. 81/2014/TT-BGTVT dated December 30, 2014), Circular No. 14/2015/TT-BGTVT dated April 27, 2015 issued by the Minister of Transport

The Minister of Transport hereby promulgates this Circular on air transportation and common aviation activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the following contents:

1. Procedures and requirements:

a) Approval for leasing aircraft between domestic organizations and individuals and foreign organizations and individuals;

b) Registration of the Air Transportation Charter of Vietnamese airlines;

đ) Issuance of air transportation rights;

e) Approval of cooperation contracts directly related to air transportation rights.

3. Inspection and supervision of airline operations, maintenance of conditions granted under Air Transportation Business Licenses and Common Aviation Business Licenses; implementation of obligations towards passengers, luggage, cargo by airlines; activities of other organizations related to air transportation.

Article 2. Applicability

This Circular applies to domestic organizations and individuals and foreign organizations and individuals involved in aircraft leasing activities, air transportation activities, and common aviation activities in Vietnam.

Chapter II

PLAN FOR AIRCRAFT FLEET UTILIZATION AND LEASINGOF AIRCRAFT

1. Vietnamese airlines shall be responsible for developing annual, medium-term (five years), and long-term (ten years or more) aircraft fleet utilization plans to implement air transportation and common aviation activities in Vietnam.

2. The aircraft fleet utilization plan for airlines engaged in air transportation business must include the following contents:

a) Forecast of demand for domestic and international air transport markets, each route that the airline intends to operate;

b) Anticipated network of routes; volume of transportation, turnover (passengers, cargo); load factor; market share of the airline on the entire international and domestic network and on each route;

c) Number of aircraft types planned to operate throughout the network; 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. The aircraft fleet utilization plan for airlines engaged in commercial common aviation business must include the following contents:

a) Forecast of demand for the common aviation market that the airline intends to operate;

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

c) Number of aircraft types planned to operate throughout the network; aircraft types planned to operate on each route, area of common aviation operation of the airline;

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

4. Airlines shall be responsible for reporting to the Civil Aviation Administration of Vietnam for inspection and supervision of the implementation of the aircraft fleet utilization 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 for the first time within 90 days from the date this Circular takes effect, subsequent medium-term and long-term plans, report 60 days prior to the start of the plan.

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

Article 4. Procedures for Approval of Aircraft Leasing Transactions between Organizations and Individuals in Vietnam and Foreign Organizations and Individuals

1. Organizations and individuals requesting approval for aircraft leasing transactions shall submit one set of application documents directly, via postal service, or other appropriate means to the Civil Aviation Administration of Vietnam and shall be responsible for the information contained in the application. The application includes:

a) A request letter according to the model prescribed in Appendix I attached to this Circular;

b) Reports and explanations on the following contents: leasing form; legal status of the parties involved in the aircraft leasing contract; lease term; quantity, type, and age of leased aircraft; nationality of the aircraft; certificates related to the aircraft; agreements regarding civil liability insurance for passengers, baggage, cargo, and third parties on the ground; organizations responsible for operating and maintaining the aircraft as stated in the Aircraft Operator Certificate.

c) A copy of the aircraft leasing contract;

d) Copies of documents confirming the legal status and business activities of the lessee (in case of leasing out), lessor (in case of leasing in), operator, and maintainer of the aircraft;

đ) Copies of technical specifications documents of the aircraft;

e) Copies of documents demonstrating ownership rights (ownership, possession, use) of the lessor over the aircraft; in cases where leasing in involves crew and leasing out does not involve crew, additional documents such as the Aircraft Operator Certificate, maintenance certificate, and insurance certificate must be provided;

g) A description of images and brands affixed externally to the aircraft.

2. Vietnamese enterprises with state-owned capital holding of 30% or more requesting approval for aircraft leasing, in addition to the documents stipulated in Clause 1 of this Article, the supplementary application components include:

a) Reports and explanations on the implementation of regulations concerning the form, procedure, and method of selecting contractors for aircraft leasing; competitive bidding; evaluation methods for leasing aircraft proposals;

b) Approval documents for the aircraft leasing contract with foreign partners issued by the Board of Directors (Board of Members) or General Director, Director of the enterprise without a Board of Directors (Board of Members).

3. Within five working days from the date of receipt of complete applications as prescribed, the Civil Aviation Administration of Vietnam shall be responsible for reviewing and assessing the application and issuing a written approval or disapproval for the aircraft leasing transaction of organizations and individuals. In case of disapproval, the reasons must be clearly stated in writing.

If the application for approval of aircraft leasing transactions is incomplete as prescribed, within two working days from the date of receipt of the application, the Civil Aviation Administration of Vietnam shall issue a written request for organizations and individuals to complete the application, and the processing time will be calculated from the date of receipt of a complete application as prescribed.

4. Organizations and individuals requesting approval for aircraft leasing transactions shall pay fees as prescribed by law.

Article 5. Requirements for Aircraft Leasing Transactions

1. Organizations and individuals leasing aircraft shall operate, control, and be responsible for the air transport rights granted.

2. Organizations and individuals leasing aircraft shall not allow any other party to directly or indirectly benefit from the use of air transport rights outside the agreed lease price during operation or sublease, along with other directly related costs.

3. Organizations and individuals leasing and leasing out aircraft shall have the obligation to participate and explain the leasing transactions.

4. Prior to putting the aircraft into operation, organizations and individuals shall notify and provide the Civil Aviation Administration of Vietnam with relevant documents concerning temporary importation and re-exportation of the aircraft (for leasing in) and temporary exportation and re-importation of the aircraft (for leasing out) from customs authorities.

5. In cases of short-term leasing not exceeding seven consecutive days as stipulated in the Civil Aviation Law of Vietnam, organizations and individuals must notify the Civil Aviation Administration of Vietnam in writing about the lessor having a valid Aircraft Operator Certificate.

6. Organizations and individuals leasing and leasing out aircraft shall have the obligation to report to the Civil Aviation Administration of Vietnam any violations by the parties in implementing the aircraft leasing contracts; early termination or extension of the validity period of the leasing transactions; actual time the aircraft is taken out of Vietnam (for leasing in) or brought back to Vietnam (for leasing out) for inspection and supervision.

Chapter III

Article 6. Issuance of the Air Transport Rules

1. Airlines shall be responsible for drafting, registering, and issuing their own Air Transport Rules in accordance with the provisions of the law.

2. The Air Transport Rules must include the following contents: rights and obligations of the carrier; rights and obligations of passengers; tickets; service charges and conditions of application; seat reservation; flight schedule; rights and obligations of the carrier in case of disruption, delay, early departure, cancellation, refusal, and limitation of carriage; obligation to refund money; civil liability for damage caused to passengers; special passenger transportation.

Article 7. Procedures for Registering the Air Transport Rules

1. Airlines proposing to register the Air Transport Rules shall submit one set of documents directly, through postal mail, or other appropriate means to the Civil Aviation Authority of Vietnam and shall bear responsibility for the information in the dossier. The dossier includes:

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

b) A copy of the Air Transport Rules.

2. Within five working days from the date of receipt of a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall be responsible for reviewing and issuing a written approval or disapproval of the registration of the Air Transport Rules. In case of disapproval, the reasons must be stated in writing. If the registration dossier is incomplete as prescribed, within two working days from the date of receipt of the dossier, the Civil Aviation Authority of Vietnam shall issue a written request for the airline to complete the dossier, and the processing time will start from the date of receipt of a complete dossier as prescribed.

2. In the event of a delayed flight, the airline has the obligation:

a) To provide and update full information to passengers in an appropriate manner; serve meals and drinks; arrange suitable accommodation and rest areas according to the quality standards of passenger services at airports as stipulated by the Minister of Transport;

b) To change the itinerary appropriately for passengers or transfer them to another flight: for flights delayed by two hours or more, within the scope of the airline's transportation services, the airline must implement itinerary changes to ensure that passengers reach their final destination, exempting passengers from itinerary change restrictions or flight transfer fees (if applicable);

c) To compensate passengers who have confirmed seats and hold tickets on the flight in advance and non-refundably, in cases where flights are delayed for extended periods as stipulated by the Minister of Transport;

d) To refund ticket fees to passengers: in cases where flights are delayed by five hours or more, the airline shall either fully refund the ticket fee or refund the unused portion of the ticket fee based on the passenger's choice at the airport or at designated ticket sales offices, branches, or agents. The refund process for passengers is as follows:

(i) Exempting restrictions on refunds and refund fees (if applicable);

(ii) For entirely unused tickets, the refund amount shall equal the ticket price paid by the passenger; the ticket price includes service charges, taxes, and fees prescribed by the state, security screening fees, passenger service fees at airports collected by the airline, and other surcharges related to the invoice provided by the passenger;

(iii) For partially used tickets, the refund amount shall not be less than the difference between the paid ticket price and the value of other services used for the passenger's journey.

4. In the event of a cancelled flight or refusal of transportation, the airline shall be responsible for:

a) Informing passengers of the reason for the cancellation or refusal of transportation;

b) Fulfilling the obligations stipulated in Clause 2 of this Article;

c) Fulfilling alternative obligations agreed upon with passengers regarding the obligations stipulated in point b of this clause;

d) Being exempted from fulfilling the obligations at points a, b, and c of this clause in cases where passengers are refused transportation as prescribed in Article 146 of the Civil Aviation Law of Vietnam.

6. In the event of an early departure, the airline shall be responsible for:

a) Informing passengers of the reason for the early departure;

b) Fulfilling obligations towards passengers who have confirmed seats but cannot board the flight as stipulated in Clause 2 of this Article in cases of delayed flights.

Article 9. Special Passenger Transportation

1. Special passengers include:

a) Passengers with disabilities;

b) Elderly passengers;

c) Pregnant women passengers;

d) Child passengers.

2. Airlines shall fulfill their obligations towards regular passengers while also arranging staff to care for and support special passengers; organizing and implementing various types of supportive services during the transportation process of special passengers.

3. The transportation fee for special passengers' assistive devices is waived.

4. Airlines shall specify the type of mandatory supportive services for each category of special passengers, and the time that passengers must notify in advance to receive such services shall be clearly stipulated in the Transportation Regulations and publicly displayed at ticket sales agents.

Chapter IV

ACTIVITIES OF REPRESENTATIVE OFFICES AND TICKET SALESOF FOREIGN AIRLINES

1. A foreign airline applying for a license to establish a representative office or a ticket sales office shall submit one set of application documents directly or through postal service or other appropriate means to the Civil Aviation Authority of Vietnam and shall be responsible for the information provided 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 airline's operational charter (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;

đ) A certified copy of the appointment document for the head of the representative office or ticket sales office (in Vietnamese or English).

2. Within five working days from the date of receipt of a complete application as prescribed, the Civil Aviation Authority of Vietnam shall be responsible for reviewing, assessing, and issuing the license. In case of refusal to issue the license, the reasons must be stated in writing.

If the application for the license is incomplete according to the regulations, within two working days from the date of receipt of the application, the Civil Aviation Authority of Vietnam shall issue a written request for the airline to complete the application, and the processing period will start from the date of receipt of a complete application as prescribed.

3. The license for establishing a representative office or ticket sales office becomes effective from the date of issuance and will be revoked if there is a violation of the provisions of Clause 5, Article 123 of the Civil Aviation Law of Vietnam or upon the request of the airline.

4. In case of changes to any content of the issued license for establishing a representative office or ticket sales office, a foreign airline shall submit one set of application documents for reissuing the license directly or through postal service or other appropriate means to the Civil Aviation Authority of Vietnam and shall be responsible for the information provided in the application.

a) The application includes: a request form as prescribed in Appendix IV attached to this Circular and related documents concerning the requested change in Vietnamese or English.

b) Within three working days from the date of receipt of a complete application as prescribed, the Civil Aviation Authority of Vietnam shall be responsible for reviewing, assessing, and reissuing the license.

If the application for reissuing the license is incomplete according to the regulations, within two working days from the date of receipt of the application, the Civil Aviation Authority of Vietnam shall issue a written request for the airline to complete the application, and the processing period will start from the date of receipt of a complete application as prescribed.

5. Airlines applying for or reissuing licenses for establishing representative offices or ticket sales offices shall pay fees as prescribed by law.

6. Airlines applying for reissuing licenses due to damage, loss, fire, or deterioration of the original licenses shall follow the procedures stipulated in this Article.

1. A Vietnamese enterprise shall submit one set of application dossier for issuing the Certificate of Registration for Representation Activities of Vietnamese Legal Entities for foreign airlines operating in Vietnam directly, via postal service, or other appropriate means to the Civil Aviation Authority of Vietnam and shall be responsible for the information contained in the dossier. The dossier includes:

a) An application letter according to the model prescribed in Appendix V attached hereto;

b) A certified copy of the Business Registration Certificate or Establishment License or equivalent document of the entity being represented;

c) A certified copy of the agreement on delegation of representation in Vietnam between the foreign airline and the representing entity.

2. Within five working days from the date of receipt of a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall be responsible for reviewing, examining, and issuing the Certificate. In case the Certificate is not issued, the reasons must be stated in writing.

If the application dossier for the Certificate is incomplete as prescribed, within two working days from the date of receipt of the dossier, the Civil Aviation Authority of Vietnam shall issue a written request for the enterprise to complete the dossier, and the processing time will be calculated from the date of receipt of a complete dossier as prescribed.

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

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

a) At the request of the enterprise and approved by the Civil Aviation Authority of Vietnam;

b) The agreement on delegation of representation in Vietnam between the foreign airline and the representing entity expires;

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

5. Enterprises applying for reissuance of the Certificate due to damage, loss, burning, deterioration, or changes in any of the contents of the Certificate shall follow the procedures and formalities prescribed in this Article.

1. Representative offices, ticket sales offices of foreign airlines, and Vietnamese legal entities engaged in representation activities for foreign airlines in Vietnam shall have the obligation to notify their activities according to the model prescribed in Appendix VI attached hereto.

2. Within forty-five days from the date of obtaining the license or registration certificate, representative offices, ticket sales offices, and Vietnamese legal entities must operate at the registered headquarters and publish notices in three consecutive issues of a newspaper permitted to circulate in Vietnam, containing the following information:

a) Name and address of the headquarters of the representative office, ticket sales office, and transaction office of the Vietnamese legal entity;

b) Name and address of the headquarters of the foreign airline;

c) Head of the representative office, ticket sales office, and legal representative of the Vietnamese legal entity;

d) List of foreign employees (name, nationality, passport number, and valid work permit if applicable);

đ) Number, date of issuance, and validity period of the license or registration certificate;

e) Content of activities of the representative office, ticket sales office, and Vietnamese legal entity representing the foreign airline.

3. Representative offices, ticket sales offices, and Vietnamese legal entities shall submit annual activity reports according to the licenses and certificates issued, with the report sent to the Civil Aviation Authority of Vietnam before January 31 of the following year according to the model prescribed in Appendix VII attached hereto.

4. Representative offices, ticket sales offices, and Vietnamese legal entities shall submit ad hoc reports upon request of the Civil Aviation Authority of Vietnam or in the following cases:

a) Change in foreign personnel: within ten days from the date of change;

b) Change in the scope of delegated representation activities: within ten days from the date of change.

1. The activities of Representative Office, Ticketing Office, and Vietnamese Legal Entity representing foreign air carrier shall be terminated in the following cases:

a) At the request of the foreign air carrier;

b) The foreign air carrier ceases operations according to the laws of the country where it was established or registered for business;

c) The license for establishing the Representative Office, Ticketing Office, and Certificate of Registration for representative activities is revoked pursuant to Clause 5, Article 123 of the Civil Aviation Law of Vietnam;

d) The power of attorney for representation expires.

2. Within thirty days prior to the expected date of termination of activities, the Representative Office, Ticketing Office, and Vietnamese Legal Entity must send a notice of termination of activities in the format prescribed in Appendix VIII issued together with this Circular to the Civil Aviation Administration of Vietnam, creditors, employees, and other interested parties. The notice must clearly state the expected date of termination of activities, be publicly posted at the office premises of the Representative Office, Ticketing Office, and Vietnamese Legal Entity, and published in a newspaper permitted to circulate in Vietnam for three consecutive issues.

3. The foreign air carrier, Representative Office, Ticketing Office, and Vietnamese Legal Entity representing the foreign air carrier have the responsibility to fulfill all debt obligations and other obligations to related organizations and individuals as stipulated by law.

Chapter V

SECONDARY AIR WAYBILL EXPORT

1. A Vietnamese enterprise submits one set of application documents for registering export of secondary air waybill directly or through postal service or other appropriate means to the Civil Aviation Administration of Vietnam and bears responsibility for the information contained in the documents. The documents include:

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

b) Certified copy of the Business Registration Certificate of the enterprise;

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

2. A Vietnamese enterprise applying to register export of secondary air waybill on behalf of a foreign freight forwarder submits one set of application documents for registering export of secondary air waybill directly or through postal service or other appropriate means to the Civil Aviation Administration of Vietnam and bears responsibility for the information contained in the documents. The documents include:

a) Request letter in the format prescribed in Appendix X issued together with this Circular;

b) Documents specified in point b and point c of Clause 1 of this Article;

c) Certified copy of the agency agreement for exporting secondary air waybill;

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

đ) Certified copy of the Business Registration Certificate or equivalent document of the foreign freight forwarder.

3. Within five working days from the date of receipt of complete documents as prescribed, the Civil Aviation Administration of Vietnam is responsible for reviewing, assessing, and issuing the Registration Certificate. In case of non-issuance of the Certificate, the reasons must be stated in writing. If the application documents for issuance of the Certificate are incomplete as prescribed, within two working days from the date of receipt of the documents, the Civil Aviation Administration of Vietnam will issue a letter requesting the enterprise to complete the documents, and the processing time will be calculated from the date of receipt of complete documents as prescribed.

4. The enterprise applying for issuance of the Registration Certificate for exporting secondary air waybill pays fees as prescribed by law.

5. The Registration Certificate for exporting secondary air waybill issued by the Civil Aviation Administration of Vietnam becomes effective from the date of signature and is revoked in the following cases:

a) At the request of the enterprise and approved by the Civil Aviation Authority of Vietnam;

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

Article 15. Requirements for air cargo handling services activities

1. Air cargo handling services activities are not air transportation activities of an airline as defined under the Civil Aviation Law of Vietnam.

2. An enterprise providing air cargo handling services may only handle cargo procedures at airports after being issued a Certificate of Registration for Secondary Air Waybill.

Chapter VI

GRANTING OF AIR TRANSPORT RIGHTS

Article 16. Procedures for granting air transport rights

1. A Vietnamese airline applying for regular air transport rights must submit one set of application documents directly, via postal service, or other appropriate means to the Civil Aviation Authority of Vietnam and shall be responsible for the information contained in the application. The application includes:

a) A request letter according to the model prescribed in Appendix XI attached hereto;

b) A copy of the Aircraft Operator Certificate;

c) Report on routes and planned exploitation schedule;

d) Copy of legal entity confirmation documents and Charter of the airline.

2. For foreign airlines applying for regular air transport rights, in addition to the documents specified in Clause 1 of this Article, the application shall include: A document from the country designating the foreign airline or confirming that the airline has the right to operate air transport according to international treaties to which the Socialist Republic of Vietnam is a member.

3. Within ten working days from the date of receipt of a complete application as stipulated, the Civil Aviation Authority of Vietnam shall be responsible for reviewing and assessing whether to grant or deny air transport rights. In case of denial, the reasons must be stated in writing.

If the application for air transport rights is incomplete as required, within two working days from the date of receipt of the application, the Civil Aviation Authority of Vietnam shall issue a written request for the airline to complete the application, and the processing time will start from the date of receiving a complete application.

Article 17. Basis for granting air transport rights

1. Market demand:

a) For new routes not yet operated by any airline, air transport rights shall be granted based on the application of the airline planning to operate such route;

b) For existing routes, air transport rights shall be granted based on the results of operation on these routes at the time the airline applies for the rights.

2. Capacity of the airline:

a) Financial capacity, aircraft fleet, human resources;

b) Feasibility of the exploitation plan at the time the airline applies for the rights.

3. Balance of flight networks and economic development goals:

a) Capacity of airport infrastructure;

b) Stable and reasonable development of routes;

c) Balance of air transport between regions and areas, taking into account factors stimulating demand and encouraging exploitation to airports in regions with particularly difficult socio-economic conditions, mountainous, remote, and far-flung areas with essential needs for air transport (essential routes), airports with low exploitation levels, and actual exploitation of essential routes by airlines;

d) Reasonable allocation of supply capacity among Vietnamese airlines on the flight network,

Article 18. Types of cooperation contracts directly related to air transport rights

1. Cooperation contracts directly related to air transport rights include the following types of contracts:

a) Joint venture contracts;

b) Other contracts where the direct object is the exploitation and use of air transport rights.

2. A joint venture contract is a contract containing the content that an airline uses its flight number on flights operated by another airline in Vietnam.

3. Requirements for signing and implementing cooperation contracts directly related to air transport rights include:

a) The contract must have a clause stipulating that it only becomes effective after approval by the Civil Aviation Authority of Vietnam;

b) Airlines participating in the contract have air transport rights on corresponding routes; the approval of the contract must ensure the common interests of Vietnam and Vietnamese airlines;

c) For joint venture activities between foreign airlines on routes to and from Vietnam, foreign airlines must submit joint venture flight schedules to the Civil Aviation Authority of Vietnam for examination and approval in accordance with relevant international treaties.

Article 19. Procedures for approving cooperation contracts directly related to air transport rights

1. An airline requesting approval of a cooperation contract directly related to air transport rights shall submit one set of documents directly, by mail, or through other appropriate means to the Civil Aviation Authority of Vietnam and shall be responsible for the information contained in the documents. The documents include:

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

b) A copy of the cooperation contract directly related to air transport rights.

2. Within seven working days from the date of receipt of complete documents as prescribed, the Civil Aviation Authority of Vietnam shall be responsible for examining, assessing, and evaluating the contents of the documents and deciding to approve the cooperation contract directly related to air transport rights. In case of non-approval, the reasons must be stated in writing.

If the documents submitted for approval of a cooperation contract directly related to air transport rights are incomplete as prescribed, within two working days from the date of receipt of the documents, the Civil Aviation Authority of Vietnam shall issue a letter requesting the airline to complete the documents, and the processing time will start from the date of receipt of complete documents as prescribed.

Article 20. Requirements for exploiting air transport rights

1. An airline may only engage in air transport business within the scope of the air transport rights granted.

2. Airlines are not allowed to buy or sell air transport rights, or engage in prohibited anti-competitive practices or unfair competition.

Chapter VII

IMPLEMENTATION

Article 21. Responsibilities of the Civil Aviation Authority of Vietnam

1. To inspect and carry out procedures for recognizing and acknowledging the validity of aircraft operation and maintenance documents in accordance with the law.

2. To periodically announce essential air routes based on the government's announcement regarding difficult regions, with criteria including per capita income, the level of difficulty for other modes of transportation, the impact of air routes on the development of remote areas, ensuring national security and defense.

3. To designate Vietnamese airlines to operate essential air routes at appropriate frequencies as prescribed by law.

4. To inspect and supervise the following activities:

a) Ensuring compliance with conditions granted in the Air Transport Business License and the Common Air Transport Business License of the airline, and issuing a Handbook to implement these inspections;

b) Fulfilling obligations of domestic and foreign organizations and individuals and meeting conditions and requirements in their operations after being granted, amended, or supplemented with relevant documents and papers as prescribed in this Circular;

c) Developing, issuing, and organizing the implementation of regulations and procedures for serving passengers in accordance with laws on service quality provided by enterprises related to air transport to ensure efficient and regulated air transport operations.

5. To issue a Handbook guiding the inspection and supervision of airlines, including the following contents:

a) The purpose and objectives of inspecting and supervising airlines;

b) Principles, contents, methods (including reporting systems of airlines), procedures for conducting inspections and supervision.

6. To notify the provincial People's Committees, tax authorities, and provincial public security organs about the termination of representative offices, ticket sales offices, and representation activities of Vietnamese legal entities.

8. To revoke, recall, suspend licenses, certificates, approvals, and granted rights in the following cases:

a) Organizations and individuals granted licenses, certificates, rights, or approvals violate the provisions of this Circular or Vietnamese laws or international treaties to which the Socialist Republic of Vietnam is a party;

b) Organizations and individuals granted licenses, certificates, rights, or approvals no longer meet the conditions for granting or approval as prescribed;

c) Parties terminate contracts or agreements;

d) Intentionally submitting false documents or reports during the review process;

đ) Relevant documents and papers prescribed in this Circular expire as prescribed.

9. To compile and report to the Ministry of Transport issues arising and difficulties encountered during implementation for timely research and resolution.

Article 22. Responsibilities of the Civil Aviation Port Authority

1. Inspect and supervise the performance of obligations by Vietnamese organizations and individuals, foreign organizations and individuals, and the conditions and requirements in their activities at civil aviation airports in accordance with this Circular.

2. Summarize and report to the Vietnam Civil Aviation Administration any issues arising and difficulties encountered during implementation for timely research and resolution.

Article 23. Responsibilities of Organizations and Individuals

Vietnamese organizations and individuals, and foreign organizations and individuals related to air cargo transportation are subject to supervision by the Vietnam Civil Aviation Administration and Civil Aviation Port Authorities in accordance with the provisions of the law and this Circular.

Article 24. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from March 1, 2015.

2. Repeal Circular No. 26/2009/TT-BGTVT dated October 28, 2009 issued by the Minister of Transport on air cargo transportation and common aviation activities, and Circular No. 16/2011/TT-BGTVT dated March 31, 2011 issued by the Minister of Transport amending and supplementing certain articles of Circular No. 26/2009/TT-BGTVT dated October 28, 2009 issued by the Minister of Transport on air cargo transportation and common aviation activities.

3. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, the Heads of Departments, the Director of the Vietnam Civil Aviation Administration, and the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.