Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular prescribes price and price range of certain aviation-related services, including:
1. Aviation services whose price is specified by the government
a) Coordination services for arrival and departure flights;
b) Control services for flights across flight information regions under management of Vietnam;
c) Aircraft takeoff and landing services;
d) Aviation security services;
dd) Passenger services.
2. Aviation services whose price range is specified by the government
a) Airport apron rental services;
b) Counter rental services for passenger procedures;
c) Baggage conveyor belt rental services;
d) Passenger boarding bridge rental services;
dd) Ground service package at airports and aerodromes (with respect to airports no longer utilize service package);
e) Automatic baggage classification services;
g) Refueling services with fuel hydrant systems at airports and aerodromes;
h) Aviation refueling services.
3. Non-aviation services whose price range is specified by the government
a) Passenger terminal space rental services;
b) Cargo terminal space rental services;
c) Basic necessities at passenger terminals.
Article 2. Regulated entities
This Circular applies to organizations and individuals providing, using and managing prices of aviation-related services specified in Article 1 of this Circular.
Article 3. Term interpretation
In this Circular, terms below are construed as follows:
1. “A point of departure or arrival” refers to an airport, aerodrome or specialized airport where an aircraft takes off or lands;
2. “A flight” refers to operation of an aircraft from one point to another immediately after that;
3. “An international flight” refers to a flight whose point of departure or arrival is located outside of Vietnam territory;
4. “A domestic flight” refers to a flight whose point of departure and arrival is located within Vietnam territory;
5. “A transport service provider” refers to an organization or individual who provides transportation for passengers, cargos and carries out general aviation activities by aircrafts owned by themselves or by others that they have hired;
6. “An official air transport” refers to a Vietnamese or foreign private jet flight in compliance with regulations and law on ensuring private jet flights;
7. “A public affair flight” refers to a flight made by a military aircraft or a specialized aircraft of customs authorities and police authorities, or a flight made by a civil aircraft completely for government public affairs;
8. “Range of air traffic control in Vietnam airspace” refers to air traffic control range determined from the point of entry to the point of exit from airway within Vietnam airspace;
9. “Range of air traffic control in Vietnam airspace and flight information regions under Vietnam management” refers to air traffic control range determined from the point of entry to the point of exit from airway under management of Vietnam;
10. “Range of air traffic control in flight information regions under Vietnam management” refers to air traffic control range outside of airway specified in Clause 8 and Clause 9 of this Article;
11. “A scheduled flight” refers to a commercial air transport flight conducted on a regular basis according to a flight schedule publicized on the booking systems of a transport service provider;
12. “A charter flight” refers to a commercial air transport flight other than scheduled flights specified in Clause 11 of this Article;
13. “A positioning flight” refers to a non-commercial air transport flight (a flight that does not generate revenue);
14. “Maximum takeoff weight” (MTOW) refers to the maximum takeoff weight specified in operation specification of an aircraft;
15. "Goods sent with bill of lading” refers to goods originally sent from Vietnam;
16. “Design seats” refer to number of passenger seats installed on aircrafts as prescribed by manufacturers;
17. “Airports and air bases” refer to airports and aerodromes where aircrafts can park overnight provided by Civil Aviation Authority of Vietnam for transport service providers in Vietnam.
Article 4. Regulations on collection of service charges and unit mass of goods
1. Price and price range specified in this Circular (except for price of basic necessities) do not include VAT.
2. With respect to aviation services
a) Currency of charges for services provided for international flights shall be US dollar (USD). The publication and payments of the services above shall comply with regulations and law on foreign exchange.
b) Currency of charges for services provided for domestic flights shall be Vietnam dong (VND). The publication and payments of the services above shall be made in Vietnam dong (VND).
3. With respect to non-aviation services
a) At sterile areas of international terminals: currency of charges for services shall be US dollar (USD). The publication and payments of the services above shall comply with regulations and law on foreign exchange.
b) At domestic terminals and other areas outside of the isolation areas of international terminals: currency of charges for services shall be Vietnam dong (VND). The publication and payments of the services above shall be made in VND.
4. Organizations and individuals using aviation-related services are responsible for fulfilling service charges for service providers.
5. Unit mass of goods (package included)
a) Minimum mass to be utilized for calculation of security assurance services provided for cargos at airports and aerodromes: 01 tonne.
b) In case of bills of lading under 1 tonne: calculate based on actual mass of the shipment.
Article 5. Regulations on classification of airports and operation hours
1. Airports of Vietnam are classified into following 3 groups:
a) Group A: airports that operate 24/7;
b) Group B: airports other than those listed under Group A and Group C specified respectively in Points a and c of this Clause;
c) Group C: airports serving economic and social purposes, including: Con Dao Airport, Dien Bien Airport, Ca Mau Airport and Rach Gia Airport.
2. Operation hours at airports shall be classified as follows:
a) Peak hours mean hours in which number of actual flights reaches or exceeds 90% of airport capacity;
b) Off-peak hours mean hours in which number of actual flights ranges from 0% to 30% of airport capacity;
c) Mid-peak hours mean remaining hours not specified in peak hours and off-peak hours.
Article 6. Cases of exemption from aviation service charges
1. Flights to be exempted from charges for aircraft takeoff or landing services; departure or arrival control services; control services for flight across flight information regions under management of Vietnam
a) An official air transport (excludes official air transports in combination with commercial transport).
b) A public affair flight.
c) A flight for purpose search and rescue, transportation of humanitarian supplies, aiding flood, natural disasters or other humanitarian tasks.
d) A flight that is required to land in less than 30 minutes from takeoff due to any reasons.
2. Persons and cargos to be exempted from charges of aviation security assurance services
a) Goods sent through diplomatic channels and humanitarian supplies.
b) Goods, components sent to serve repair and commodities, items of airlines serving the flights (excluding duty-free goods on flights).
c) Passengers boarding flights exempted from service charges specified in Clause 1 of this Article.
d) Passengers transiting in 24 hours or less (excluding passengers transiting and boarding connecting flights from domestic to international and vice versa): only applicable in case both arrival and departure from Vietnam are listed on the same tickets of passengers and cargos.
dd) Flight crews (including positioning flights).
e) Children under 2 years of age: determined from departure of the first flight segment.
3. Persons to be exempted from charges for passenger services
a) Passengers boarding flights exempted from service charges specified in Clause 1 of this Article.
b) Passengers transiting in 24 hours or less (excluding passengers transiting and boarding connecting flights from domestic to international and vice versa): only applicable in case both arrival and departure from Vietnam are listed on the same tickets of passengers and cargos.
c) Flight crews (including positioning flights).
d) Children under 2 years of age: determined from departure of the first flight segment.
Article 7.Cases of price adjustment
1. A transport service provider shall adjust their service charges based on total charge amount of aircraft takeoff, landing, arrival and departure control services according to monthly invoice as follows:
a) With respect to services provided for international flights
|
Service price stated on invoice (USD)
|
Reduction amount
(%)
|
|
Exceeding USD 125,000 to less than USD 250,000
|
1,5%
|
|
From USD 250,000 to less than USD 750,000
|
2,5%
|
|
From USD 750,000 to less than USD 1,500,000
|
3,5%
|
|
From USD 1.500.000
|
5%
|
b) With respect to services provided for domestic flights
|
Service price stated on invoice (VND)
|
Reduction amount
(%)
|
|
Exceeding VND 5,000,000,000 to less than VND 10,000,000,000
|
1,5%
|
|
From VND 10,000,000,000 to less than VND 15,000,000,000
|
2,5%
|
|
From VND 15,000,000,000 to less than VND 30,000,000,000
|
3,5%
|
|
From VND 30,000,000,000
|
5%
|
c) The service revenue shall be calculated based on separate invoices for services provided for international flights and domestic flights. Period of calculation: 1 month.
2. Price adjustment applied to pilot training in Vietnam is as follows:
a) Charges for aircraft arrival and departure control services, landing and takeoff services utilized within the first 36 months from the date on which a training facility conduct its first pilot training flight shall be exempted;
b) After the period specified in Point a of this Clause, charges for provision of aircraft arrival, departure control and landing, takeoff services shall comply respectively with Point b Clause 5 Article 9 of this Circular and Point b Clause 6 Article 11 of this Circular.
3. A Vietnamese airline participating in air transport operation for the first time shall be applied with a price adjustment for provision of aircraft arrival, departure control and landing, take off services equals to 50% of the amount prescribed for 36 months from the date of its first operation in air transport sector.
4. An airline providing scheduled international flights from and to Vietnam when no other airlines providing scheduled flights for at least 12 months shall be applied with following price adjustment for provision of aircraft arrival, departure control and landing, takeoff services as follows:
a) Noi Bai, Tan Son Nhat and Da Nang international airports: apply prices equal to 90% of prescribed prices for 12 months from the date of initial operation.
b) Other airports: apply prices equal to 50% of prescribed prices for 24 months from the date of initial operation.
5. In case an airline is subject to multiple price adjustments as specified in Clause 3 and Clause 4 of this Article, the highest price adjustment shall be applied.
Article 8. Regulations on collection of charges for baggage and passenger security assurance services and passenger services at airports
1. Prices of baggage and passenger security assurance services and price of passenger services at Vietnamese airports and aerodromes shall be collected by transport service providers providing flights to and from Vietnam. Passengers travelling via aircrafts shall pay charges for baggage and passenger security assurance services and passenger services together with charges for air transport services.
2. Transport service providers shall pay charges for baggage and passenger security services and charges for passenger services for providers of passenger terminals and security assurance on a monthly basis (transfer fees shall be paid by transferrers).
3. Providers of passenger services and baggage, passenger security assurance services shall prepare “Notice of collection” based on passenger manifest of flights, the total amount in the “Notice of collection” shall be determined using following formula:
|
Payable amounts according to “Notice of collection”
|
=
|
Amount collected from adult passengers
|
+
|
Amount collected from children passengers
|
+
|
Late payment interest of previous month (if any)
|
+
|
Surplus (-) and deficits (+) that have been verified
|
-
|
Commission for collection
|
In which:
a) Amount collected from adult passengers is determined as follows:
|
Amount collected from adult passengers
|
=
|
Prescribed service charges
|
x
|
Number of passengers in passenger manifest
|
-
|
Number of passengers eligible for exemption or reduction
|
b) Amount collected from children passengers is determined as follows:
|
Amount collected from children passengers
|
=
|
Prescribed service charges
|
x
|
Number of passengers eligible for exemption or reduction
|
-
|
Number of passengers eligible for exemption
|
4. Commission for collection shall be determined to be 1.5% (VAT included) of monthly charges for passenger services and baggage, passenger security assurance services paid by airlines. Commission for collection is only applicable to scheduled flights.
Formula:
|
Commission on collection
|
=
|
1,5%
|
x
|
Amount collected from adult passengers
|
+
|
Amount collected from children passengers
|
5. Surplus (-) and deficits (+) that have been verified: airlines do not hold the right to request inspection and verification should errors be found in the “Notice of collection”. Inspection, verification and payments for any differing amount (if any) shall be made promptly in the payment session immediately following the payment session with complaints.
6. Documents proving eligibility for exemption and reduction: passenger manifest and particular aviation documents in electronic form.
7. Payments between service providers and airlines shall be made according to contracts between said parties.
8. With respect to passengers boarding connecting flights from domestic to international
a) Domestic leg: collect charges for baggage and passenger security assurance services and services for domestic passengers as regulated at airports of point of departure.
b) International leg: collect charges for baggage and passenger security assurance services and services for international passengers as regulated at airports of transit.
9. With respect to passengers boarding connecting flights from international to domestic: collect charges for baggage and passenger security assurance services and services for domestic passengers as regulated at airports of transit.
Tìm kiếm
Thông tư 53/2019/TT-BGTVT (Bản Word)