Chapter IV
REPRESENTATIVE OFFICES AND BOOKING AGENCIES OF FOREIGN AIRLINES
Article 10. Procedures for issue and reissue of licenses to establish representative offices and ticket booking agencies in Vietnam
1. Every foreign airline wishing to obtain the license to establish a representative office or booking agency 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 III attached hereto;
b) Copies of the establishment license or business registration certificate or the equivalent (in Vietnamese or English);
c) A copy of the airline operation regulation (made in Vietnamese or English);
d) Copies of documents certifying the right of enjoyment of the headquarters in Vietnam where the representative office and/or booking agency is located;
dd) A certified true copy of the decision on appointment of the head of the representative office and/or booking agency (made in Vietnamese or English)
2. Within 05 working days from the date of receipt of the complete application, the Civil Aviation Authority of Vietnam shall examine, verify the application and grant the license. 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.
3. The license to establish a representative office and booking agency comes into effect from the signing date and shall be revoked in case of violations against provisions in clause 5 Article 123 of the Law on Vietnam Civil Aviation or upon request of the airline.
4. In case of any change in the license to establish a representative office or booking agency, the foreign airline shall submit an application for re-issue of the license to establish a representative office or booking agency 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.
a) Documents required in an application: An application form made by using the Annex IV attached hereto and documents related to modification made in Vietnamese or English.
b) Within 03 working days from the date of receipt of the complete application, the Civil Aviation Authority of Vietnam shall examine, verify the application and grant the license.
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.
5. Every applicant shall pay fee and charges for issue and re-issue of the license to establish the representative office and booking agency under regulations of laws.
6. Applicants applying for re-issue of the license which is torn, lost, destroyed or damaged shall follow the procedure prescribed in this Article.
Article 11. Procedures for issue and re-issue of certificates of registration for Vietnamese judicial entities to be foreign airlines’ representatives
1. Every Vietnamese enterprise wishing to be foreign airline’s representative 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 V attached hereto;
b) A certified true copy of the business registration certificate or establishment license or the equivalent;
c) A copy of the power of attorney between the foreign airline and the delegated enterprise.
2. Within 05 working days from the date of receipt of the complete application, the Civil Aviation Authority of Vietnam shall examine, verify the application and grant the certificate. In case of rejection, the Civil Aviation Authority of Vietnam shall specify reasons 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.
3. Every applicant shall pay fees for issue of the certificate of registration under regulations of laws.
4. The certificate of registration for Vietnamese judicial entity to be foreign airline’s representative comes into effect from the signing date and will be revoked if:
a) It is requested by the delegated enterprise and the request for revocation is approved by the Civil Aviation Authority of Vietnam;
b) The power of attorney between the foreign airline and the delegated enterprise expires.
c) The delegated enterprise ceases its operation for 06 consecutive months without any notification to the issuer of the certificate.
5. Applicants applying for re-issue of the certificate which is torn, lost, destroyed or damaged shall follow the procedure prescribed in this Article.
Article 12.Report on operation of representative offices, ticket booking agencies and foreign airlines’ Vietnamese representatives in Vietnam
1. Representative offices, ticket booking agencies and foreign airlines’ Vietnamese representatives in Vietnam shall notify their operation according to the Annex VI attached hereto.
2. Within 45 days from the date of issue of the license and/or registration certificate, the representative office, ticket booking agency and foreign airlines’ Vietnamese representative in Vietnam shall come into operation at the registered headquarters and shall publish a news item on a newspaper which is eligible to be released in Vietnam in 03 consecutive issues. The news item shall specify:
a) The name and headquarters of the representative office, ticket booking agency and Vietnamese entity’s business office;
b) The name and address of the foreign airline’s headquarters;
c) The heads of the representative office, ticket booking office and legal representative of the foreign airline’s Vietnamese representative;
d) The list of foreign staff (enclosed with their full name, nationality, passport number and work permit (if any) ;
dd) The license and/or registration certificate number, date of issue and expiration date;
e) Operating activities of the representative office, ticket booking office and foreign airline’s Vietnamese representative.
3. The representative office, ticket booking office and foreign airline’s Vietnamese representative shall submit their annual business operation report made by using the form in the Annex VII attached hereto to the Civil Aviation Authority of Vietnam before January 31 of the succeeding year.
4. The representative office, ticket booking office and foreign airline’ Vietnamese representative shall submit occasional reports upon request of the Civil Aviation Authority of Vietnam or in the following circumstances:
a) Change in foreign personnel: the report shall be submitted within 10 days from the date of change; or
b) Changes in the power of attorney to the representative: the report shall be submitted within 10 days from the date of change;
Article 13. Cease of operation of representative offices, ticket booking offices and foreign airlines’ Vietnamese representatives
1. The representative office, ticket booking office and foreign airlines’ Vietnamese representative will have their operation ceased if:
a) It is requested by the foreign airline;
b) The foreign airline ceases its operation under the law of the country where it is located or registered;
c) The license to establish the representative office, ticket booking agency and/or representative registration certificate is revoked as stipulated in clause 5 Article 123 of the Law on Vietnam Civil Aviation;
d) The authorization agreement expires.
2. Within 30 days prior to the expected date of termination, the representative office, ticket booking agency and Vietnamese representative shall send a notification of cease of operation made by using the form in Annex VIII attached hereto the Civil Aviation Authority of Vietnam, debtors, workers and other relevant entities. The notification shall specify the expected date of termination and shall be publicly put up the representative office, ticket booking agency and Vietnamese representatives and shall be published on a newspaper eligible to be released in Vietnam for 03 consecutive issues.
3. The foreign airline, its representative office, ticket booking office and foreign airline's Vietnamese representative shall fulfill financial obligations and other obligations to relevant entities under regulations of laws.
Tìm kiếm
Thông tư 81/2014/TT-BGTVT (Bản Word)