Chapter III
REGISTRATION OF RIGHTS TO AIRCRAFT
Section. 1. GENERAL PROVISIONS
Article 13.- General principles
1. Vietnamese organizations and individuals that have the rights provided for in Clause 1, Article 28 of the Civil Aviation Law of Vietnam to aircraft bearing Vietnamese nationality shall register those rights under the provisions of this Decree.
2. Foreign organizations and individuals that have the rights provided for in Clause 1, Article 28 of the Civil Aviation Law of Vietnam to aircraft bearing Vietnamese nationality may register those rights under the provisions of this Decree.
3. Vietnamese organizations and individuals that have the rights provided for in Clause 1, Article 28 of the Civil Aviation Law on Vietnam to aircraft bearing foreign nationalities may register those rights according to laws of countries of which those aircraft bear nationalities.
4. The priority order for registration of rights to aircraft shall be determined according to the time of receipt of complete and valid dossiers.
Article 14.- Deregistration of rights to aircraft
1. Registrants shall promptly notify the Aviation Administration of Vietnam of cases that may lead to deregistration of rights to aircraft.
2. Applicants for deregistration of rights to aircraft shall send their dossiers to the Aviation Administration of Vietnam. A dossier of application for deregistration comprises:
a/ An application for deregistration that contains the following information: full name and address of the applicant; registered right applied for deregistration; serial number of the registration certificate applied for deregistration; reason for deregistration;
b/ Issued registration certificate;
c/ Documents relevant to the registration application;
d/ Written consent of the chargee in case the deregistration applicant is the charger.
3. After checking and assessing dossiers, the Aviation Administration of Vietnam shall enter information relevant to deregistration application in the Aircraft Register of Vietnam, issue deregistration certificates, made according to a set form (not printed herein), and withdraw the issued registration certificates.
Section 2. REGISTRATION OF OWNERSHIP AND RIGHT TO POSSESSION OF AIRCRAFT
Article 15.- Dossiers of application for registration of ownership
A dossier of application for registration of aircraft ownership comprises:
1. An application for registration of aircraft ownership that contains the following information: full name, address and telephone number of the registration applicant or the registrant; type of aircraft, aircraft serial number, maximum takeoff weight, name of manufacturer, nationality and registration mark; type, quantity and identification marks of engines; full name and address of the former owner (if any); grounds for establishment of ownership;
2. Copy of the registration certificate of nationality of Vietnamese aircraft;
3. Papers evidencing the legal status of the registration applicant or the registrant;
4. Lawful documents of title of the aircraft. In case of aircraft ownership transfer, the former owner's documents of title are also required.
5. Receipt or paper certifying the payment of the registration fee.
Article 16.- Dossiers of application for registration of the right to possession
1. A dossier of application for registration of the right to possession comprises: An application for registration of the right to possession of aircraft that contains the following information: Full name, address and telephone number of the registration applicant or the registrant; type of aircraft, aircraft serial number, maximum takeoff weight, name of manufacturer, nationality and registration mark; type, identification marks and quantity of engines; full name and address of the owner; scope of the right to possession; and proposed registration duration;
2. Copy of the registration certificate of aircraft nationality;
3. Papers evidencing the legal status of the registration applicant or the registrant;
4. Copy of the aircraft lease contract or aircraft lease-purchase contract;
5. Receipt or paper certifying the payment of the registration fee.
Article 17.- Registration of ownership or the right to possession
When the requirements specified at Points a and b, Clause 3, Article 5 of this Decree are satisfied, the Aviation Administration of Vietnam shall enter information on ownership or the right to possession of aircraft in the Aircraft Register of Vietnam and issue certificates of aircraft ownership or certificates of the right to possession of aircraft, made according to a set form.
Article 18.- Renewal of registration of the right to possession
1. Within 15 days before the expiration of the validity term of a certificate of the right to possession of aircraft, the registrant may apply for registration renewal.
2. A dossier of application for registration renewal comprises:
a/ An application for renewal of registration of the right to possession of aircraft that contains the following information: full name, address and telephone number of the registration renewal applicant; type of aircraft, aircraft serial number, maximum takeoff weight, name of manufacturer, nationality and registration mark; type, identification marks and quantity of aircraft engines; serial number of the issued registration certificate; aircraft owner; reason for registration renewal; and proposed renewal duration;
b/ Papers evidencing the renewal of the aircraft lease or lease-purchase defined at Point b, Clause 1, Article 28 of the Civil Aviation Law of Vietnam;
c/ Copy of the issued registration certificate of the right to possession of aircraft;
d/ Receipt or paper certifying the payment of the registration fee.
3. When the requirements specified at Points a and b, Clause 3, Article 5 of this Decree are satisfied, the Aviation Administration of Vietnam shall enter information on renewal in the Aircraft Register of Vietnam and issue renewed certificates of the right to possession of aircraft.
Section 3. REGISTRATION OF CHARGED TRANSACTIONS INVOLVING AIRCRAFT
Article 19.- Dossiers of application for registration of charged transactions involving aircraft
1. A dossier of application for registration of a charged transaction involving aircraft comprises:
a/ An application for registration of charged transaction involving aircraft that contains the following information: full name, address and telephone number of the registration applicant or the registrant; type of transaction; full names and addresses of the charger and the chargee; type of aircraft, manufacturer and country of manufacture, aircraft serial number and year of manufacture, nationality and registration mark; type, identification marks and quantity of aircraft engines; date of entry into, date of effectiveness and date of expiry of the transaction and value of charged obligation of the transaction; time limit for registration application;
b/ Copy of the registration certificate of aircraft nationality;
c/ Papers evidencing the legal status of the registration applicant or the registrant;
d/ Lawful documents of title of the aircraft;
e/ Copy of the contract on charged transaction involving aircraft;
f/ Written consent of all co-owners to the charged transaction involving aircraft in case the aircraft is under joint ownership;
g/ Receipt or paper certifying the payment of the registration fee.
2. If there are many charged transactions involving the same aircraft, each transaction requires a separate registration application. If a charged transaction involves many aircraft, each aircraft requires a separate registration application.
Article 20.- Registration of charged transactions involving aircraft
1. When the requirements specified at Points a and b, Clause 3, Article 5 of this Decree are satisfied, the Aviation Administration of Vietnam shall enter information related to those charged transactions involving aircraft in the Aircraft Register of Vietnam and issue registration certificates of charged transactions involving aircraft, made according to a set form (not printed herein).
2. The validity term of the registration of a charged transaction is determined according to the validity term of that charged transaction.
Article 21.- Modification of contents of registered charged transactions involving aircraft
1. For a registered charged transaction involving aircraft, when the content of that transaction is modified, the registrant shall send a dossier of request for modification to the Aviation Administration of Vietnam.
2. A dossier of request for modification of registration content comprises:
a/ A written request for modification of the registered content of the charged transaction involving aircraft that contains the following information: full name, address and telephone number of the registration applicant or the registrant; type of transaction and serial number of the issued registration certificate; and modified content;
b/ The issued registration certificate of charged transaction;
c/ Papers evidencing the legal status of the registration applicant or the registrant;
d/ Papers evidencing the modified content;
e/ Receipt or paper certifying the payment of the registration fee.
3. After examining the dossier of request, the Aviation Administration of Vietnam shall withdraw the issued registration certificate of charged transaction and issue a new one. The date of effectiveness of the registration shall remain unchanged.
4. If the modified content is the aircraft itself, the requester shall carry out the procedures for deregistration of rights to the aircraft and procedures for re-registration as for the initial registration.
Article 22.- Registration of notices on discharge of aircraft involved in charged transactions
1. For a registered charged transaction involving aircraft, at least fifteen days before the discharge of the aircraft, the chargee that requests the discharge shall send a notice on discharge of the aircraft to the charger and all other chargees or shall register a notice on discharge of the aircraft with the Aviation Administration of Vietnam.
2. A dossier of application for registration of a notice on discharge of aircraft involved in a charged transaction comprises:
a/ An application for registration of the notice on discharge of aircraft involved in charged transaction that contains the following information: full name, address and telephone number of the registration applicant or the registrant; type of aircraft, aircraft serial number, name of manufacturer and country of manufacture, year of manufacture; type, quantity and identification marks of aircraft engines; type of transaction and serial number of the issued registration certificate; reason for discharge, mode and date of discharge, charged obligation involved in discharge;
b/ Notice on discharge of aircraft involved in charged transaction;
c/ Papers evidencing the legal status of the registration applicant or the registrant;
d/ Copy of the issued registration certificate of charged transaction involving aircraft;
e/ Receipt or paper certifying the payment of the registration fee.
3. In accordance with the provisions of Clause 3, Article 5 of this Decree, the Aviation Administration of Vietnam shall issue to the applicant a registration certificate of notice on discharge of aircraft involved in charged transaction, made according to a set form (not printed herein).
4. The Aviation Administration of Vietnam shall notify the issuance of the registration certificate of notice on discharge of aircraft involved in charged transaction to the charger and all other chargees at addresses indicated in the Aircraft Register of Vietnam.
Section 4. REGISTRATION OF PRIORITY RIGHT TO PAYMENTS FOR RESCUE OR PRESERVATION OF AIRCRAFT
Article 23.- Dossiers of application for registration of priority right to payments for rescue or preservation of aircraft
1. Organizations or individuals that rescue or preserve aircraft shall send their dossiers for registration of priority right to payments for rescue or preservation of aircraft to the Aviation Administration of Vietnam.
2. A dossier of application for registration comprises:
a/ An application for registration of priority right to payments for rescue or preservation of aircraft that contains the following information: full name, address and telephone number of the registration applicant or the registrant; type, nationality and registration mark of aircraft; and duration of rescue or preservation;
b/ Papers evidencing the legal status of the registration applicant or the registrant;
c/ Evidence of aircraft rescue or preservation activities;
d/ Receipt or paper certifying the payment of the registration fee.
Article 24.- Registration of priority right to payments for rescue or preservation of aircraft
1. When the requirements specified at Points a and b, Clause 3, Article 5 of this Decree are satisfied, the Aviation Administration of Vietnam shall enter information on priority right to payments for rescue or preservation of aircraft bearing Vietnamese nationality in the Aircraft Register of Vietnam and issue registration certificates of priority right to payments for rescue or preservation of aircraft, made according to a set form (not printed herein).
2. For aircraft bearing foreign nationalities, the registration of priority right to payments for rescue or preservation of aircraft shall comply with laws of countries where aircraft are registered. The Aviation Administration of Vietnam shall certify that the rescue or preservation has been performed in Vietnam and notify its certification to the countries where aircraft are registered.
Tìm kiếm
Nghị định 70/2007/NĐ-CP (Bản Word)