Section 1. REGISTRATION OF NATIONALITY OF AIRCRAFTS
Article 4. Requirements and conditions for registration of nationality of aircrafts
1. Requirements for registration of nationality of aircrafts
a) Any aircrafts under the ownership of a Vietnamese organization/individual, any aircrafts that are lease-purchased or leased without a flight crew for 24 months or more for use in Vietnam must be registered for Vietnamese nationality as prescribed in this Decree.
b) Within six (06) months from the day on which it is imported into Vietnam, the aircraft must be registered for Vietnamese nationality.
2. Conditions for registration of Vietnamese nationality
a) The aircraft did not take any nationality or have nationality de-registered;
b) There are legal documents proving the right to ownership of the aircraft or the right to possession of the aircraft (in case of lease-purchase or lease of aircrafts);
c) Aircrafts that have been used before shall satisfy requirements on service life of aircrafts according to law provisions.
d) The aircraft satisfy conditions/requirements on national defense and security, aviation safety, aviation security and environment protection according to law provisions.
3. Conditions for registration of temporary Vietnamese nationality
An aircraft is eligible for registration of temporary Vietnamese nationality if it is being produced, assembled or trialed in Vietnam and satisfies the conditions specified in Points a, b and d Clause 2 of this Article.
4. People entitled to apply for registration of nationality of an aircraft:
a) The aircraft’s owner;
b) People performing the lease-purchase or lease of the aircraft (hereinafter referred to as the aircraft’s lessee).
Article 5. Procedures for registration of Vietnamese nationality of aircraft
1. Any person wishing to register for Vietnamese nationality of an aircraft shall submit the application directly or by post or other means to the Civil Aviation Authority of Vietnam and shall be responsible for the accuracy and honesty of information in the application.
2. An application for registration of Vietnamese nationality of an aircraft shall include:
a) An application form according to Form No. 01 in Appendix enclosed with this Decree;
b) Certified true copies (or copies enclosed with the original copies for comparison) of documents proving the legal status of the applicant;
c) Certified true copies (or copies enclosed with the original copies for comparison) of legal documents proving the ownership towards the aircraft;
d) A certified true copy (or a copy enclosed with the original copy for comparison) of the Certificate of non-registration issued by manufacturer country or the Certificate of deregistration issued by the country in which the aircraft is granted registration;
dd) Certified true copies (or copies enclosed with the original copies for comparison) of documents about technical conditions of the aircraft, including: the unexpired Certificate of eligibility for export (applicable to aircrafts produced in foreign countries); unexpired written certificate of the manufacturer about conformance with design and production conditions (applicable to aircrafts that have just been shipped); a full record of the conformance with instructions or technical notification performed on the aircraft; a full record of technical conditions of the aircraft, engine and other devices;
e) A certified true copy (or a copy enclosed with the original copy for comparison) of the purchase contract of the aircraft or the lease contract or lease-purchase contract of the aircraft.
3. Documents in foreign languages shall undergo consular legalization according to law provisions on consular certification and consular legalization.
4. Within five (05) working days from the day on which the satisfactory application is received, the Civil Aviation Authority of Vietnam shall issue the Certificate of registration of Vietnamese nationality of aircrafts according to the Form No. 04 in Appendix enclosed with this Decree; if the application is rejected, the Civil Aviation Authority of Vietnam shall send the applicant a written response containing explanation.
If the application is not satisfactory, within two (02) working days from the day on which the application is received, the Civil Aviation Authority of Vietnam shall issue a guiding documents for completion according to regulations.
5. The applicant for registration of Vietnamese nationality of aircrafts shall pay fees according to laws.
Article 6. Procedures for registration of temporary Vietnamese nationality of aircrafts
1. Any person wishing to register for temporary Vietnamese nationality for his/her aircraft shall submit the application directly or by post or other means to the Civil Aviation Authority of Vietnam and shall be responsible for the accuracy and honesty of information in the application.
2. An application for registration of temporary Vietnamese nationality of aircrafts shall include:
a) A declaration according to Form No. 01 in Appendix enclosed with this Decree;
b) Certified true copies (or copies enclosed with the original copies for comparison) of documents proving the legal status of the applicant;
c) Certified true copies (or copies enclosed with the original copies for comparison) of legal documents proving the ownership towards the aircraft;
d) Certified true copies (or copies enclosed with the original copies for comparison) of legal documents proving that the aircraft is being produced, assembled or trialed in Vietnam;
dd) Design of the aircraft.
3. Documents in foreign languages shall undergo consular legalization according to law provisions on consular certification and consular legalization.
4. Within five (05) working days from the day on which the satisfactory application is received, the Civil Aviation Authority of Vietnam shall issue the Certificate of registration of temporary Vietnamese nationality of aircrafts according to the Form No. 05 in Appendix enclosed with this Decree; if the application is rejected, the Civil Aviation Authority of Vietnam shall send the applicant a written response containing explanation.
If the application is not satisfactory, within two (02) working days from the day on which the application is received, the Civil Aviation Authority of Vietnam shall issue a guiding documents for completion according to regulations.
5. The Certificate of registration of temporary Vietnamese nationality of aircrafts is effective within 36 months from the day on which it is issued and will not be extended.
6. The applicant for registration of temporary Vietnamese nationality of aircrafts shall pay fees according to law provisions.
Article 7. Procedures for reissuance of the certificate of nationality registration of aircrafts
1. If the Certificate of registration of Vietnamese nationality of aircrafts or the Certificate of registration of temporary Vietnamese nationality of aircrafts is damaged or lost, the applicant shall send a written notification to the Civil Aviation Authority of Vietnam to apply for reissuance.
2. Any person applying for reissuance of the Certificate of registration of Vietnamese nationality for his/her aircraft shall submit the application directly or by post or other means to the Civil Aviation Authority of Vietnam and shall be responsible for the accuracy and honesty of information in the application.
3. An application for reissuance of the Certificate of nationality registration of aircrafts shall include:
a) A declaration according to Form No. 03 in Appendix enclosed with this Decree;
b) Certified true copies (or copies enclosed with the original copies for comparison) of documents proving the legal status of the applicant.
4. Within three (03) working days from the day on which the satisfactory application is received, the Civil Aviation Authority of Vietnam shall carry out the reissuance of the Certificate of Vietnamese nationality aircraft or the Certificate of temporary Vietnamese nationality aircrafts; revocation of the Certificate of Vietnamese nationality aircraft or the Certificate of registration of temporary Vietnamese nationality of aircrafts, unless it is lose, and post the notification on website of the Civil Aviation Authority of Vietnam.
If the application is not satisfactory, within two (02) working days from the day on which the application is received, the Civil Aviation Authority of Vietnam shall issue a guiding documents for completion according to regulations.
5. The applicant for reissuance of the Certificate of Vietnamese nationality registration shall pay fees according to law provisions.
Section 2: DEREGISTRATION OF NATIONALITY OF AIRCRAFTS, EXPORT OF AIRCRAFT
Article 8. Cases subject to nationality deregistration
1. An aircraft is subject to Vietnamese nationality deregistration if:
a) It is declared missing according to the law;
b) It no longer satisfies conditions specified in Article 4 of this Decree;
c) At the request of its owner or the person who applied for its registration;
d) At the request of the authorized party of the IDERA.
2. An aircraft is subject to deregistration of temporary Vietnamese nationality of aircrafts:
a) Duration of temporary registration is expired according to the Certificate of registration of temporary Vietnamese nationality of aircrafts;
b) The aircraft is not being produced, assembled or trialed in Vietnam;
c) At the request of the aircraft’s owner or the authorized party of the IDERA.
Article 9. Procedures for nationality deregistration of aircrafts
1. Regarding the deregistration specified in Points a and b Clause 1 and Points a and b Clause 2 Article 8 of this Decree, the Civil Aviation Authority of Vietnam shall decide the nationality deregistration of the aircraft and issue the Certificate of nationality deregistration of aircrafts according to the Form No. 06 in the Appendix enclosed with this Decree; revocation of the Certificate of Vietnamese nationality aircrafts and the Certificate of temporary Vietnamese nationality aircrafts, unless the certificate is lost or is destroyed with the aircraft.
2. Regarding the deregistration specified in Points c and d Clause 1, Point c Clause 2 Article 8 of this Decree, the applicant for nationality deregistration of aircrafts shall submit the application directly or by post or by other means to the Civil Aviation Authority of Vietnam and shall be responsible for the accuracy and honestly of information in the application.
If the IDERA has been registered according to regulations in this Decree, only the authorized party of the IDERA is entitled to apply for the nationality deregistration of the aircraft.
3. An application for Vietnamese nationality deregistration for an aircraft shall include:
a) A declaration according to Form No. 02 in Appendix enclosed with this Decree;
b) Certified true copies (or copies enclosed with the original copies for comparison) of documents proving the legal status of the applicant;
c) If the applicant for deregistration is the authorized party of the IDERA, the application shall include the written agreement with the deregistration and export of the aircraft of people having registered international interests higher in order of priority than the ones of the applicant for deregistration or shall include documents proving the registered international interests higher in order of priority that have been carried out;
d) If the applicant for deregistration is the obligee under the secured transaction according to the authorization in the IDERA, the application shall include documents proving that the applicant for deregistration have send a written notification to people with registered international interests, the aircraft’s owner, the applicant for nationality registration of aircraft of the application for deregistration of the aircraft at least 10 days before the application is submitted.
4. Documents in foreign languages shall undergo consular legalization according to law provisions on consular certification and consular legalization.
5. Within five (05) working days from the day on which the satisfactory application is received, the Civil Aviation Authority of Vietnam shall issue the Certificate of Vietnamese nationality deregistration for aircrafts according to the Form No. 06 in Appendix enclosed with this Decree or revoke the Certificate of Vietnamese nationality aircrafts or the Certificate of temporary Vietnamese nationality aircrafts, unless the certificate is lost or destroyed with the aircraft; if the application is rejected, the Civil Aviation Authority of Vietnam shall send the applicant a written response containing explanation.
If the application is not satisfactory, within two (02) working days from the day on which the application is received, the Civil Aviation Authority of Vietnam shall issue a guiding documents for completion according to regulations.
6. The applicant for nationality deregistration shall pay fees according to law provisions.
Article 10. Export of aircrafts
1. Conditions exporting aircrafts:
a) There shall be the unexpired Certificate of conformance with conditions for export issued or recognized by a regulatory agency
b) The requirements for National defense and security; aviation safety, aviation security and environmental protection shall be satisfied according to regulations;
c) The export shall be suitable with the needs of the applicant organizations/individuals;
d) The aircraft has been deregistered of Vietnamese nationality.
2. People entitled to apply for exporting an aircraft:
a) The aircraft’s owner; the aircraft's lessor;
b) The authorized party of the IDERA.
3. Any aircraft’s owner/lessor applying for exporting aircraft shall receive a written consent of the applicant for registration of the aircraft.
4. If the IDERA has been registered according to regulations in this Decree, only the authorized party of the IDERA is entitled to apply for exporting the aircraft.
5. The export of the aircraft shall comply with regulations in this Decree, regulations on license for flight and other relevant registrations.
Section 3: NATIONALITY MARKS AND REGISTRATION MARKS
Article 11. NATIONALITY MARKS AND REGISTRATION MARKS
1. Marks of Vietnamese nationality of an aircraft include the symbol of Vietnam’s national flag and a mark of registration of a Vietnamese nationality aircraft.
2. Registration marks of a Vietnamese nationality aircraft are presented with two (02) consecutively written letters "VN", a hyphen ("-"), one of the following letter and three (03) Arabic numerals:
a) Letter “A” for aircrafts with turbofans/turbojets;
b) Letter “B” for aircrafts with turboprop;
c) Letter “C” for aircrafts with piston;
d) Letter “D” for other type of aircrafts.
Article 12. General provisions on painting/affixing of nationality marks and registration marks of aircrafts
1. Any Vietnamese nationality aircrafts that is put into operation shall be painted/affixed the nationality marks and registration marks.
2. Vietnamese nationality must not have marks with content or security form similar to or likely to cause confusion with aircrafts having another nationality.
3. The Civil Aviation Authority of Vietnam shall notify the International Civil Aviation Organization (ICAO) about the nationality marks and registration marks of Vietnamese nationality aircrafts.
Article 13. Position and size of nationality marks and registration marks
1. Nationality marks and registration marks of Vietnamese nationality aircrafts displayed on body and wings of aircrafts shall be durable, clear and easy to realize by human eyes or other normal identifying devices.
2. Requirements on painting/affixing of nationality marks and registration marks of aircrafts:
a) The symbol of Vietnam’s national flag shall have the width equal to 2/3 of the length, well-proportioned size and suitable with the type of the aircraft; painted or affixed on two sides of the tail or the head of the aircraft.
b) Letter and numeral of registration marks shall be capitalized; height of letter (excluding the hyphen) in a group of characters shall be similar;
c) Width of each character (excluding the number “1”) shall be 2/3 of its height; width of the number “1” shall be 1/6 of its height. The hyphen (“-“) shall be at the middle of the character’s height; its width shall be ½ of character's height;
d) Lines of each character much be solid and have color in contrast with the background where it is painted/affixed on. The width of the line shall be 1/6 of height of the character. Distance between characters shall be at least ¼ of width of each character.
3. Position and height of characters to be painted or affixed to heavier-than-air aircraft are specified as follows:
a) On wings: A mark shall be painted on or affixed to the lower surface of the left wing and possibly the whole lower surface of both wings in case the characters are required to extend across both wings. The mark shall be located equidistant from the leading and trailing edges of the wings with its top directed toward the leading edge of the wing. The height of the mark must be at least 50 cm.
b) On the body of aircraft (or other similar structure) and on the vertical tail surfaces: The mark must be at least 30 cm in height and on both side of the body of the aircraft between the wings and the horizontal tail surface or the upper parts of both sides (applicable to single-vertical tail aircraft) or the upper parts of the outboard sides of the outer tails (applicable to aircrafts with multi-vertical tails).
4. The marking of aircrafts other than heavier-than-air aircrafts shall be decided by the aircrafts-registering people according to regulations in Clauses 1 and 2 of this Article.
5. If an aircraft is leased with pilot team, it shall be painted/affixed nationality marks and registration marks according to regulations in this Decree for 6 months since it is imported into Vietnam.
Tìm kiếm
Nghị định 68/2015/NĐ-CP quy định đăng ký quốc tịch và đăng ký các quyền đối với tàu bay (Bản Word)