Chapter II
OPERATION FLIGHT PLANS AND AIRCRAFT LEASE
Article 3. Operational flight plans
1. Vietnam airlines shall prepare its annual, medium-term (05 years) and long-term (at least 10 years) operational flight plans to carry out air transport and general aviation activities in Vietnam.
2. An operational flight plan of an airline providing air transport services shall indicate:
a) Forecast about the domestic and international air transport markets and expected flight routes;
b) Forecast about flight route networks; expected quantity of passengers and goods; load factor; airline’s market shares on domestic and international markets and on each flight route.
c) Expected quantity of aircraft used on the whole networks and on each flight route;
d) Resources (finance and human resources) for aircraft operation and maintenance.
3. An operational flight plan of an airline providing general aviation services for commercial purpose shall indicate:
a) Forecast about the markets demand;
b) Forecast about flight route networks, general aviation area and number of hours of operations
c) Expected quantity of aircraft on the whole networks and on each flight route and general aviation areas;
d) Resources (finance and human resources) for operation and maintenance.
4. The airlines shall submit reports to the Civil Aviation Authority of Vietnam for examination and inspection of implementation of the operational flight plans by deadline bellow:
a) For annual operational flight plans: before November 01 of the year proceeding the planned year;
b) For mid-term and long-term operational flight plans: the report on the initial mid-term and long-term plan shall be submitted within 90 days from the effective date of this Circular; the following report shall be submitted 60 days prior to the expected date of starting the plan.
5. In case of any modification and supplementation to the operational flight plan specified in clause 2 and clause 3 of this Article, the airline shall notify the Civil Aviation Authority of Vietnam within 30 days from the date of modification and supplementation.
Article 4.Procedure for approving for lease of aircraft between Vietnamese entities and foreign entities
1. Every applicant for approval for aircraft lease shall submit an application to the Civil Aviation Authority of Vietnam directly or by post or via other appropriate means, and shall be responsible for the reliability of the application. Documents required in an application:
a) An application form made by using Annex I attached hereto;
b) A presentation and/or report on leasing types; contractual parties’ legal status; duration of lease; quantity, type and age of the leased aircraft; aircraft nationality; certificates related to the leased aircraft; agreement on purchase of liability insurance for passengers, luggage, cargo and the third party; organizations in charge of operation and maintenance of the leased aircraft under the aircraft operator’s certificate.
c) A copy of the leasing agreement;
d) Copies of documents certifying the legal status and operating activities of the lessee or lessor, aircraft operator and maintenance worker;
dd) Copies of aircraft’s deliverables;
e) Copies of documents certifying the lessor’s ownership or use right to the aircraft. in case of leasing of the aircraft with or without its flight crew; the certificate of aircraft operator, maintenance workers and insurance are required;
g) A description of aircraft brand and image attached outside the leased aircraft
2. In case the applicant is a Vietnamese enterprise whose 30% of its charter capital is held by the State, in addition to documents specified in clause 1 of this Article, the applicant shall submit following documents:
a) Reports and/or presentations on the procedures for section of aircraft, competitive offering and assessment of aircraft lease proposals;
b) A decision on approval for aircraft lease agreement signed with foreign partners issued by the Board of Directors (Board of Members) or Director General and/or Directors if there is no Board of Directors (Board of Members).
3. Within 05 working days from the date of receipt of a complete application, the Civil Aviation Authority of Vietnam shall examine and verify such application and inform the applicant of whether or not approve the aircraft lease in writing. In case of rejection, the Civil Aviation Authority of Vietnam shall specify reason for rejection in writing.
If an application is incomplete, the Civil Aviation Authority of Vietnam shall request the applicant to complete his/her application in writing within 02 working days from the date of receipt, and the deadline for processing the application shall be calculated from the date of receipt of the complete application.
4. Every applicant shall pay fees and charges as prescribed by laws.
Article 5.Requirements for aircraft lease
1. Every aircraft lessee shall operate, control and take responsibilities for exercising granted freedoms of the air.
2. Every aircraft lessee shall not let anyone benefit from the granted freedoms of the air, either directly or indirectly, beyond the agreed lease and other direct costs.
3. Every lessor shall carry the burden of accountability for aircraft lease.
4. Prior to operation, relevant entities shall inform and submit documents related to temporary import of aircraft for re-export ( if it is lessee) and temporary export of aircraft for re-import ( if it is lessor) issued by the customs authority to the Civil Aviation Authority of Vietnam.
5. In case an aircraft is leased for not exceeding 07 consecutive days as prescribed in the Law on Vietnam Civil Aviation, the applicant shall submit a written notification which declares that the lessor possesses the appropriate aircraft operator’s certificate to the Civil Aviation Authority of Vietnam.
6. The lessor shall inform the Civil Aviation Authority of Vietnam of violations against of aircraft lease agreement; early termination of the agreement or extension of the agreement, actual time of temporary export of the leased aircraft and/or actual time of temporary import of the leased aircraft for inspection and supervision.
Tìm kiếm
Thông tư 81/2014/TT-BGTVT (Bản Word)