Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope and subjects of application
1. This Decree provides for the order and procedures for registration and deregistration of nationality of and rights to aircraft, priority right to payments for rescue and preservation of Vietnamese aircraft; registration of notices on discharge of aircraft involved in charged transactions; supply of information in the Aircraft Register of Vietnam; painting of registration marks and nationality marks on, and affixture thereof to, aircraft bearing Vietnamese nationality.
2. This Decree applies to:
a/ Vietnamese and individuals that own and operate aircraft;
b/ Vietnamese and individuals that lease aircraft without flight crews or lease-purchase civil aircraft under the ownership of foreign organizations or individuals;
c/ Organizations and individuals that have rights to Vietnamese aircraft;
d/ Organizations and individuals that rescue or preserve Vietnamese aircraft;
e/ Organizations and individuals that wish to access information in the Aircraft Register of Vietnam.
Article 2.- Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Registrant means an organization or individual whose name is written in registration certificates.
2. Registration applicant means an organization or individual that makes an application and files a dossier of application for registration. Depending on each specific case, a registration applicant may be:
a/ Aircraft owner or lesser, for aircraft nationality registration;
b/ Charger or chargee, for registration of charged transactions involving aircraft;
c/ Aircraft lesser, for registration of the right to possession of aircraft;
d/ Chargee that has had the rights to aircraft registered in the Aircraft Register of Vietnam, for registration of notices on discharge of aircraft involved in charged transactions;
e/ Registrant, for cases of registration renewal, registration of modification of or correction of errors in registrations;
f/ Organization or individual that rescues or preserves aircraft;
g/ A person mandated by any of above entities.
3. Deregistration applicant means an organization or individual that makes an application and files a dossier of application for deregistration, and may be:
a/ Registrant, for registration of nationality of or rights to aircraft;
b/ Charger or chargee, for registration of charged transactions involving aircraft;
c/ A person mandated by any of above persons.
4. Information supply requester means any organization or individual that makes a written request for supply of information in the Aircraft Register of Vietnam.
5. Applicant/requester means any person defined in Clauses 2, 3 and 4 of this Article.
6. Charged transaction involving aircraft means the pledge or mortgage of or guarantee with aircraft.
Article 3.- Responsibilities of applicants/requesters
1. Applicants/requesters shall send their dossiers directly or by post to the Aviation Administration of Vietnam and bear responsibility for information in their dossiers.
2. Applicants/requesters shall pay fees and charges prescribed by law.
3. Except for applications, written requests and receipts or papers certifying the payment of fees and charges which must be originals, other documents in dossiers of application or request may be either originals or copies. Foreign-language documents must be translated into Vietnamese. Copies or translations must be notarized or authenticated according to law.
4. If applicants/requesters detect that their applications or written requests or certificates granted under this Decree contain errors, they shall request the Aviation Administration of Vietnam to correct those errors. Dossiers of request for error correction are specified in Clause 2, Article 28 of this Decree.
Article 4.- Papers evidencing legal status
1. For an applicant/requester being an individual, papers evidencing his/her legal status include:
a/ People's identity card or passport, for Vietnamese citizens;
b/ Personal identification papers, for stateless individuals living or permanently residing in Vietnam according to Vietnamese law;
c/ Passport or personal identification papers, for foreigners according to the laws of countries of which those individuals are nationals.
2. For an applicant/requester being an organization, papers evidencing its legal status include:
a/ Business registration certificate, for economic organizations; founding decision or operation license, for non-economic organizations established and operating under Vietnamese law;
b/ Papers evidencing the legal status, for organizations established and operating under relevant foreign laws.
3. Mandated persons must have lawful powers of attorney.
Article 5.- Responsibility to effect registration
1. The Aviation Administration of Vietnam under the Ministry of Transport is responsible for effecting the registration and deregistration of nationality of and rights to aircraft, and priority right to payments for rescue or preservation of Vietnamese aircraft; registering notices on discharge of aircraft involved in charged transactions; and supplying information in the Aircraft Register of Vietnam.
2. The Aviation Administration of Vietnam shall check dossiers of application and assess their contents before deciding on the registration or deregistration or supply of information. In the course of checking and assessment of dossiers, the Aviation Administration of Vietnam may request the applicants to supply information or documents to clarify related matters.
3. Within five working days after receiving a complete dossier, the Aviation Administration of Vietnam shall effect the registration or deregistration or supply information in writing if the following requirements are satisfied:
a/ The dossier has all required documents specified in this Decree;
b/ Information in the dossier is true;
c/ The involved aircraft satisfies the registration conditions specified in this Decree.
4. In case of refusal to effect registration or deregistration or supply information, the Aviation Administration of Vietnam shall notify it in writing to the applicant, clearly stating the reason(s) therefor.
5. The Aviation Administration of Vietnam shall enter information on registration and deregistration of nationality of aircraft and rights to aircraft, priority right to payments for rescue or preservation of Vietnamese aircraft; and register notices on discharge of aircraft involved in charged transactions in the Aircraft Register of Vietnam.
Tìm kiếm
Nghị định 70/2007/NĐ-CP (Bản Word)