Article 9. Form and method of selection of aircraft lessors
1. Form:
a/ The selection of aircraft lessors shall be carried out in the form of competitive bidding;
b/ In case the type of aircraft needed for lease is scarce and the aircraft lessor requests participation in an auction, the competent person of the enterprise shall decide on participation in the auction on the basis of aircraft information and market price.
2. Method:
The method of selection of aircraft lessors through competitive bidding is that of single-dossier bag. An aircraft lease bidder shall submit a dossier containing technical and financial proposals as required by the requirement dossier.
Article 10. Procedures for competitive bidding
1. Elaboration of a document on the aircraft lease need, which has the following principal contents:
a/ Grounds for elaboration of a lease plan;
b/ Identification of the lease need: number of aircraft, type, time of aircraft delivery, lease term and form;
c/ Operation plan: projected flight routes;
d/ Plan to assure operation capacity;
e/ Operation efficiency;
f/ Situation of the lease market;
g/ Proposed form of selection of aircraft lessor;
In case of necessity to lease aircraft to replace aircraft used for special flights or requisitioned for the State's purposes, aircraft in maintenance, damaged due to accidents, technical problems or unexpectedly put out of operation for force majeure reasons, or lease aircraft without a flight crew for seasonal operation, the document on the aircraft lease need should only stale the lease need, operation plan and situation of the lease market.
2. Competent persons of enterprises shall decide on the form of invitation for competitive bidding with the basic contents specified in Clause 3 of this Article by either of the following ways:
a/ Publishing the announcement of the aircraft lease need in the mass media for at least 3 consecutive issues of a Vietnamese-language newspaper and one issue of an English-language newspaper;
b/ Sending letters of invitation for competitive bidding directly to at least 3 international bidders.
3. Basic contents of a requirement dossier:
a/ Aircraft: Type, year of manufacture (for used aircraft for which information on ex-workshop number, type of engine, seating layout and entertainment devices is needed);
b/ Lease form;
c/ Lease term;
d/ Place of aircraft registration during the lease term;
e/ Lease charge;
f/ Aircraft overhaul fund;
g/ Deposit or guarantee;
h/ Insurance related to aircraft and operator;
i/ Validity duration of a proposal dossier;
j/ Tax obligation under Vietnamese law;
k/ Attached documents (applicable to used aircraft): Technical specifications of aircraft, including also information on fuselage and engine; compartment layout; seating layout; standards of aircraft kitchen.
4. The interval between the date of first publication of an invitation for competitive bidding and the date of issuance of a requirement dossier is at least 5 days. The time for preparation of a proposal dossier is at least 5 days from the date of issuance of a requirement dossier.
5. Method of sending a proposal dossier: An interested bidder may send a proposal dossier directly, by post or via fax or e-mail but shall assure that this dossier contains his/her/its at-law representative's signature. Proposal dossiers of Vietnamese bidders must contain also a certification seal. Proposal dossiers made in the electronic form must comply with the law on e-transactions.
6. Proposal dossiers shall be evaluated for selection of a short list of bidders having aircraft meeting requirements.
7. Direct negotiations shall be held with short-listed bidders and the winning bidder shall be selected on the basis of results of direct negotiations.
Article 11. Method of evaluation of proposal dossiers for aircraft lease
1. The method of evaluation of proposal dossiers for aircraft lease is synthesizing results of legal, technical, commercial and financial evaluations:
a/ Legal evaluation: To examine lawful rights of the aircraft lessor to aircraft on lease and legal requirements specified in Article 7 of this Decree;
b/ Technical evaluation: To examine the satisfaction by aircraft of requirements on the age and technical state of aircraft, technical configuration and related legal certificates. To be further examined and evaluated, a proposal dossier must be evaluated to be technically satisfactory;
c/ Commercial evaluation: To examine the satisfaction by aircraft of requirements on seating layout, kitchen, entertainment programs, layout change to satisfy operation requirements of the enterprise, and aircraft delivery time;
d/ Financial evaluation: To make an overall evaluation of the lease rate, maintenance fund, layout change, insurance and other expenses.
2. The evaluation of results of direct negotiations shall also be conducted according to the above criteria. The winning bidder is the one with the best overall evaluation result.
Article 12. Aircraft lease contracts
1. Except the case specified in Clause 2 of this Article, an aircraft lease contract with a foreign partner shall be approved by the Board of Directors (the Members' Council) or the general director or director of the enterprise (for enterprises without a Board of Directors or Members' Council) and will be valid only after the aircraft lease is approved in writing by the director of the Civil Aviation Administration of Vietnam.
The Minister of Transport shall issue a circular to guide the procedures for approving aircraft lease.
2. In case of leasing an aircraft for not more than 7 consecutive days to replace another aircraft which is used for special flights or requisitioned for other public-duty purposes or replace an aircraft damaged in an accident or encountering a technical problem or unable to operate due to a force majeure event, the enterprise shall notify in writing the Civil Aviation Administration of Vietnam that the lessor has an appropriate aircraft operator certificate.
3. In case of leasing aircraft with a flight crew, an aircraft lease contract is construed to cover also an aircraft operation and/or maintenance-repair service contract, regardless of whether this contract constitutes part of the aircraft lease contract or is an independent contract, signed with the same lessor or another service provider.
Article 13. Extension of aircraft lease term
1. The extension of the term of an aircraft lease contract is valid only after it is approved in writing by the director of the Civil Aviation Administration of Vietnam.
2. The Minister of Transport shall issue a circular to guide the procedures for approving the extension of the term of an aircraft lease contract.
Tìm kiếm
Nghị định 110/2011/NĐ-CP về quản lý hoạt động thuê, mua tàu bay, động cơ, phụ tùng vật tư và dịch vụ bảo dưỡng, sửa chữa tàu bay, động cơ, phụ tùng vật tư tàu bay (Bản Word)