Chapter II
SPECIFIC PROVISIONS
Section 1. PRICING
Article 5. List of services of which prices the Ministry of Transport decide and price bracket
1. Prices of aviation services, including:
a) Takeoff and landing services;
b) Administration of outbound and inbound flights;
c) Assistance in ensuring air navigation;
d) Passenger services;
dd) Security screening services;
e) Administration of flights through the flight information region under the management of Vietnam.
2. Price bracket of economy-class domestic passenger carriage provided within Vietnam’s territory in the flights provided by enterprises holding monopoly position, enterprise or group of enterprises holding dominant market position.
3. Price bracket of a number of aviation services provided by enterprises holding monopoly position, enterprise or group of enterprises holding dominant market position at the airports or airfields, including:
a) Airport apron rental services;
b) Counter rental for passengers;
c) Baggage carousel rental services;
d) Jet bridge rental services;
dd) Territorial technical - commercial services- at airports and airfields (regarding airports applying all-inclusive method);
e) Automatic classification of outbound baggage;
g) Aviation gasoline fueling services;
h) underground fueling system structures for airports and airfields.
4. Price bracket of a number of non-aviation services:
a) Premises lease at passenger terminals or cargo terminals;
b) Essential services at passenger terminals.
Article 6. Procedures for formulation and assessment of price proposal documents
1. A service provider shall make 2 sets of price proposal documents and send to the Civil Aviation Authority of Vietnam in one of the following methods:
a) Directly;
b) By post;
c) Via email attached with electronic signature or a scan of the form with signature and red seal or via fax or a phone call together with documents sent by post.
2. A set of price proposal documents includes:
a) An application for pricing or price adjustment;
b) A price proposal;
c) Other relevant materials.
The price proposal documents are prescribed in Appendix 1 issued herewith.
3. Deadline for assessment of the plan price and deadline for price decision:
a) Within 15 working days, from the date on which the adequate price proposal documents are received as prescribed, the Civil Aviation Authority of Vietnam shall issue an assessment of the price proposal.
If the price proposal documents are not adequate, within 3 working days, the Civil Aviation Authority of Vietnam shall request the service provider to complete the plan. The duration of assessment shall be determined from the date on which the adequate plan is received as prescribed.
b) Within 10 working days, from the date on which the price proposal and the assessment of the Civil Aviation Authority of Vietnam, the Ministry of Transport shall issue a price decision. If a price decision is not issued, the Ministry of Transport shall provide explanation in writing.
c) If it deem necessary to extend duration of assessment of price proposal or price decision, the Civil Aviation Authority of Vietnam or the Ministry of Transport shall issue a notification and provide explanation for the service provider; provided that the extension period does not exceed 15 working days, from the deadline of the assessment of price proposal or price decision as prescribed in Points a and b of this Clause.
4. Price adjustment:
a) When the factors constituting domestic prices and global prices fluctuate that affect business activities, the Ministry of Transport shall promptly consider adjusting prices;
b) Organizations or individuals are entitled to request the Ministry of Transport to adjust prices as prescribed. They must provide explanation for their requests.
c) Procedures and deadline for price adjustment shall comply with Clauses 1, 2 and 3 of this Article.
Section 2. PRICE DECLARATION
Article 7. List of services subject to price declaration
1. The services prescribed in Clauses 2 and 3 Article 5 of this Circular.
2. The aviation services of which prices charged by the service providers, including:
a) Domestic freight, domestic postal services;
b) Territorial technical-commercial services (other than services provided according to bilateral or multilateral cooperation contracts);
c) Cargo services at airports;
d) Using equipment in terminals;
dd) Other services at the airports.
Article 8. Method of price declaration
1. Before 05 working days from the date on which the price declaration is carried out, the service provider shall make 2 sets of price declaration documents and send them to the Civil Aviation Authority of Vietnam in one of the following methods:
a) Directly;
b) By post
c) Via email attached with electronic signature or a scan of the form with signature and red seal or via fax or a phone call together with documents sent by post.
2. A price declaration includes:
a) Document on duration and validity of price declaration and attached documents;
b) Table of specific price declaration;
The price declaration is prescribed in Appendix 2 issued herewith.
3. The price declaration shall not be carried out in the following cases:
a) Increase price within 5% of the price previously declared provided that the new price does not exceed the maximum price as prescribed;
b) Decrease price within 10% of the price previously declared provided that the new price is not smaller than the minimum price as prescribed.
4. If the price increase exceeds 5% or price decrease is smaller than 10% of the price previously declared, the service provider shall declare the price as prescribed.
Article 9. Receipt and checking of price declaration
1. Receipt:
a) When 2 sets of price declaration documents are received, the Civil Aviation Authority of Vietnam shall write receiving date and stamp on the documents under administrative procedures and return a set of price declaration documents to the declarant;
b) If the price declaration documents are not adequate as prescribed, within 2 working days, the Civil Aviation Authority of Vietnam shall request the service provider to complete the documents;
c) After 5 working days, from the date on which the adequate price declaration documents are received, if the Civil Aviation Authority of Vietnam does not require the declarant to provide explanation for the documents, the declarant shall carry out the price declaration.
2. Checking of documents:
The documents shall be checked as prescribed in Clause 2 Article 16 of Circular No. 56/2014/TT-BTC dated April 28, 2014 of the Minister of Finance on guidelines for Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government on guidelines for the Law on prices.
Section 3. NON-AVIATION SERVICE BIDDING AND POSTING AND ANNOUNCEMENT OF PRICES
Article 10. Non-aviation service bidding
1. If the enterprise providing passenger terminal and cargo terminal services does not provide such services, it must conduct the bidding to select another service provider.
2. Procedures for bidding shall comply with law on bidding.
Article 11. Price posting
The service provider shall post non-aviation service prices as prescribed in Article 17 and Article 18 Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government on guidelines for the Law on prices.
Article 12. Price announcement
The service provider shall:
1. Announce domestic air carriage prices and aviation service prices for service users before the services are provided and the service contracts are concluded.
2. The policies on preferential prices shall be published and notified to competent authorities.
Section 4. RESPONSIBILITY OF REGULATORY AGENCIES AND SERVICE PROVIDERS IN SERVICE PRICES
Article 13. Responsibility of regulatory agencies
1. The Ministry of Transport:
a) Decide prices and price brackets of services prescribed in Article 5 of this Circular;
b) Carry out inspection of implementation of regulations of law on prices and promptly take actions to violations as prescribed.
2. The Civil Aviation Authority of Vietnam:
a) Instruct service providers to comply with regulations on price management as prescribed in this Circular and relevant legislative documents;
b) Announce and post list of domestic flights, list of organizations or individuals subject to price declaration of domestic air carriage prices and aviation service prices on website of the Civil Aviation Authority of Vietnam;
c) Carry out inspection of implementation of law on prices within their competence.
3. Airport authorities:
a) Regularly inspect and expedite the implementation of regulations on non-aviation service prices of the service providers at airports;
b) Carry out inspection of implementation of law on prices within their competence.
Article 14. Responsibility of service providers
1. Comply with regulations on prices as prescribed in this Circular and relevant legislative documents.
2. Make and send reports on implementation of domestic air carriage prices and aviation service prices at the request of competent authorities.
3. Comply with decisions on inspection of competent authorities.
Tìm kiếm
Thông tư 36/2015/TT-BGTVT (Bản Word)