Phụ lục: Thông tư 81/2014/TT-BGTVT

CIRCULAR

ON AIR TRANSPORT AND GENERAL AVIATION

Pursuant to the 2006 Law on Civil aviation.

Pursuant to the Government's Decree No.30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation;

Pursuant to the Government’s Decree No.110/2011/ND-CP dated December 05, 2011 on management of lease and purchase of aircraft, aircraft engines and component, aircraft maintenance and repair services;

Pursuant to the Government’s Decree No.107/2012/ND-CP dated December 20, 2012 defining functions, rights, responsibilities, the power and organizational structure of the Ministry of Transport; 

Upon request of the Director of the Department of Transport and Director of the Civil Aviation Authority of Vietnam;

The Minister of Transport hereby issues this Circular on air transport and general aviation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of governing

This Circular stipulates:

1. Procedures and requirements for:

a) Approval for lease of aircraft between Vietnamese and foreign entities;

b) Registration of Air Transport Regulation by Vietnam’s airlines;

c) Issue and reissue of certificates and licenses related to representative agencies’ operation and sale of tickets by foreign airlines in Vietnam;

d) Issue of the certificate of registration for house airway bills;

dd) Grant of the freedoms of the air;

e) Approval for cooperation agreements directly related to the freedoms of the air

2. Airlines’ basic obligations to passengers whose booked tickets and their seat was already verified in case the flight is discontinued, delayed, cancelled or departed ahead of schedule or to passengers refused to be onboard.

3. Examination and inspection of airlines’ operations such as fulfillment of requirements for grant of air transport licenses and general aviation business license and obligations to passengers, passengers’ package and goods, activities of involved organizations.

Article 2. Subjects of application

This Circular applies to Vietnamese and foreign entities engaging in aircraft leasing, air transport and general aviation in Vietnam.

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.

Chapter III

AIR TRANSPORT REGULATION

Article 6. Introduction of air transport regulation

1. Every airline shall prepare, register and release its air transport regulation in accordance with regulations of laws.

2. An air transport regulation shall specify the rights and obligations of carrier, rights and obligations of passengers, tickets, carriage freight and applicable terms and conditions; reservation; flight schedule; rights and obligations of the carriers in case of interruption, delay, early departure, cancellation of a flight, refusal or restrictions; refund; civil liability to passengers’ damage and transport of special passengers.

Article 7. Procedure for registering air transport regulation

1. Every airline registering the air transport regulation 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 II attached hereto;

d) A copy of the air transport regulation.

2. 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 air transport regulation 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.

Article 8. Airlines’ basic obligations to passengers who booked tickets and their seat was already confirmed in case the flight is discontinued, delayed, cancelled or early departed or to passengers refused to be onboard

1. A delayed flight is a flight which departs 15 minutes behind the schedule which was updated till 15 o’clock of the date preceding that of the departure.

2. The airline shall be released from the following obligations in case a flight is delayed:

a) Fully update and provide information for passengers via appropriate means of communication; cater and accommodate under the regulations on service quality issued by the Ministry of Transport;

b) Flexibly change the itinerary or flight for passengers on the delayed flight. The airline shall arrange another itinerary for passenger on the flight is the delay lasts 02 hours or more, within the scope of service, and shall release passengers from restrictions on changes in itinerary and flight and other arising surcharges (if any);

c) Compensate for passengers who seat has been confirmed in case of delay under the Minister of Transport’s regulations;

d) Refund ticket fares to passengers in case the flight is delayed for 05 hours or more. Refund part or whole of the ticket fares at the airport or at designated representative office, branch or agency, upon request of the passengers. Refund shall be made as follows:

(i) Restrictions on refund and refund charges (if any) shall be exempted;

(ii) Completely-unused tickets shall be completely refunded. The fare is inclusive of freight, taxes and fees prescribed by the State, security screening service charges, customer service charges at airport and other incurring surcharges according to legal invoices presented by the passenger.

(iii) Partially-unused tickets shall be refunded in the proportion to the unused portion.

3. Cancelled flight is cancellation of a flight which is publicly scheduled on the carrier’s computer reservations system 24 hours prior to the expected time of departure.

4. In case a flight is called off, the airline shall:

a) Notify passengers of reasons for cancellation;

b) Fulfill obligations prescribed in clause 2 of this Article;

c) Fulfill obligations replacing those prescribed in point b of this clause as agreed by the passengers;

d) Be released from obligations specified in point a, b and c of this clause if a passenger is refused to be onboard under Article 146 of the Law on Vietnam Civil Aviation.

5. An early departure flight is a flight which actually departs ahead of schedule which is updated at 15 o’clock of the date preceding that of departure.

6. In case a flight departs ahead of schedule, the airline shall:

a) Notify passengers of reasons for early departure;

b) Fulfill obligations to passengers whose seat is confirmed but fail to take the flight as prescribed in clause 2 of this Article.

Article 9. Transport of special passengers

1. Special passengers are:

a) The disabled;

b) The elderly;

c) Pregnant women;

d) Children.

2. The airlines shall serve special passengers as to common passenger and shall allocate assistance staff for caring; implement support services during transport of special passengers.

3. Freights and fees for transport of tool aids serving passengers shall be exempted.

4. The airline shall specify type of support services compulsorily provided for each type of special passengers and deadline for registration support services in the air transport regulation which is put up at ticket booking agencies.

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.

Chapter V

ISSUE OF HOUSE AIRWAY BILLS

Article 14. Procedure for registration for house airway bills

1. Every Vietnam enterprise wishing to have the house airway bill 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 IX attached hereto;

b) A certified true copy of the business registration certificate; and

c) A copy of the house airway bill from the freight forwarder.

2. Every Vietnam enterprise wishing to have a house airway bill issued by a foreign freight forwarder 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 X attached hereto;

b) Documents specified in point b and point c clause 1 of this Article;

c) A copy of the contract designating the issuer of house airway bills;

d) A copy of the house airway bill issued by the foreign freight forwarder; and

dd) A copy of the foreign freight forwarder’s business registration certificate or the equivalent.

3. 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 house airway bill registration certificate. In case of rejection, 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.

4. Every applicant shall pay fees for issue of the certificate of registration for house airway bills under regulations of laws.

5. The certificate of registration for a house airway bill issued by the Civil Aviation Authority of Vietnam shall come into effect from the signing date and will be revoked if:

a) It is requested by the enterprise and the request for revocation is approved by the Civil Aviation Authority of Vietnam; or

b) The enterprise ceases its operation for 06 consecutive months without any notification to the issuer of the certificate.

Article 15. Requirements for provision of air shipping services

1. Air shipping service is an air transport activity carried out by an airline as stipulated in the Law on Vietnam Civil Aviation.

2. Air shipping service providers may carry out the cargo delivery procedure at airports after obtaining the certificate of registration for house airway bill.

Chapter VI

FREEDOMS OF THE AIR

Article 16. Procedure for granting freedoms of the air;

1. Every airline wishing to be grant the freedoms of the air 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 XI attached hereto;

b) A copy of the aircraft’s operator certificate;

c) Reports on expected flight plan and flight routes; and

d) Copies of documents certifying the airline’s judicial status and its charter.

2. A foreign airline wishing to be granted the freedoms of the air shall, in addition to documents specified in clause 1 of this Article, submit the following documents: A document or written confirmation conferring the freedoms of the airs to the foreign airline by its nation under the International Agreement to which the Socialist Republic of Vietnam is a signatory.

3. Within 10 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 freedoms of the air. 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.

Article 17. Basis for grant of freedoms of the air

1. Market demand:

a) The freedoms of the air on a new flight route which has yet to be used by any airline shall be granted upon request of the airline wishing to use that flight route;

b) The freedoms of the air on an operating flight route shall be granted upon the operation of this flight route at the time of application.

2. Airlines’ capacity:

a) Financial ability, flight crews and human resources;

b) The feasibility of the operational flight plan at the time of application.

3. Balance between the fight network and economic development:

a) The capacity of facilities of airports;

b) Flight route sustainable development;

c) The balance of air transport between different regions with the consideration of socio-economic development in disadvantaged areas, remote and isolated areas, the actual operation of airports and essential flight routes;

d) Allocation of reasonable load factor to Vietnam’s airlines on flight route networks.

Article 18. Approval for cooperation agreements related to freedoms of the air

1. The agreements related to the freedoms of the air include:

a) Codeshare agreements; and

b) Other types of contracts which aim to operate and exercise the freedoms of the air.

2. A codeshare agreement is an aviation business arrangement in which an airline may use another airline’s flight in Vietnam under its flight number

3. Requirements for a codeshare agreement:

a) There shall be a clause which stipulates that the codeshare agreement will come into effect only after it is approved by the Civil Aviation Authority of Vietnam

b) Parties to the agreement have the freedoms on the respective flight routes. The agreement shall be approved on the basis of mutual interests of Vietnam and Vietnam's airlines.

c) Foreign airlines under a codeshare agreement flying from and to Vietnam shall submit the timetable to the Civil Aviation Authority of Vietnam for review and approval in accordance with relevant international agreements.

Article 19. Approval for cooperation agreement related to freedoms of the air

1. Every airline wishing to have their cooperation agreement related to the freedoms of the air approved 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 XII attached hereto;

b) A copy of the cooperation agreement related to the freedoms of the airs

2. Within 07 working days from the date of receipt of a complete application, the Civil Aviation Authority of Vietnam shall review, verify and assess the application and consider approving the cooperation agreement. 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.

Article 20.Requirements for use of freedoms of the air

1. Airlines shall only carry out their transport services within the scope of the granted freedoms of the air.

2. No airline is allowed to transfer their freedoms of the air or take any prohibited action to restrain the competitiveness or do unfair competitiveness.

Chapter VII

IMPLEMENTATION

Article 21. Responsibilities of the Civil Aviation Authority of Vietnam

1. Examine and carry out the procedure for recognition of documents on aircraft operations and maintenance under regulations of laws.

2. Periodically publish essential flight routes published by the Government to/from/over disadvantaged areas which are classified by per capita income, traffic inconvenience and impact of flight route on remote and isolated areas, and national security and defense.

3. Assign Vietnam’s airlines to operate essential flight routes at the proper frequency under regulations of laws.

4. Cary out inspection and supervision of:

a) The eligibility to be granted the air transport license and general aviation license and introduction of the relevant manual;

b) Fulfillment of obligations by Vietnamese and foreign entities and requirements after issue, modification and supplementation of documents prescribed herein;

c) compilation, introduction and implementation of regulations and procedures for servicing passengers under regulations of laws on the quality of air transported related service to ensure the effectiveness and coordination.

5. Introduce airline supervision and inspection guideline which specifies:

a) The purpose and objectives of inspection and supervision;

b) The principles, contents, procedures and methods (including communication and reporting regime) of inspection and supervision

6. Notify cease of operation of the representative office, ticket booking office and foreign airlines’ Vietnamese representative to the People’s Committee of the province, tax authority, police authority of the province where representative office, ticket booking offices and/or Vietnamese representative’s office is located.

7. Submit the certificate of registration for house airway bill issued by the freight forwarder to the Department of Planning and Investment of the province where the airline is headquartered, airport authorities and Airports Corporation of Vietnam.

8. Destroy, revoke and suspend licenses, certificates, approval and powers of attorney in the following cases:

a) The entity granted the license, certificate, approval or power of attorney violates provisions hereof or Vietnam’s laws or international agreements to which the Socialist Republic of Vietnam is a signatory;

b) The entity granted the license, certificate, approval or power of attorney no longer satisfies requirements for such license, certificate, approval or power of attorney;

c) Contractual parties terminate the contract and/or agreement;

d) The entity granted the license, certificate, approval or power of attorney falsified applications and reports.

dd) Respective documents prescribed herein expire.

9. Aggregate and submit reports on issues arising in connection with implementation of this Circular to the Ministry of Transport.

Article 22. Responsibilities of airport authorities

1. Examine and inspect fulfillment of obligations by Vietnamese and foreign entities and compliance with requirements for operations in airports as stipulated herein.

2. Aggregate and submit reports on issues arising in connection with implementation of this Circular to the Civil Aviation Authority of Vietnam.

Article 23. Responsibilities of relevant entities

Vietnamese and foreign entities engaging in air transport shall undergo the supervision of the Civil Aviation Authority of Vietnam and airport authorities under Vietnam’s laws and provisions herein.

Article 24. Effect and implementation

1. This Circular enters into force March 01, 2015.

2. Circular No.26/2009/TT-BGTVT dated October 28, 2009 by the Minister of Transport on air transport and general aviation, and Circular No.16/2011/TT-BGTVT dated March 31, 2011 by the Minister of Transport on amendment and supplement to a number of Article of the Circular No.26/2009/TT-BGTVT dated October 28, 2009 on air transport and general aviation shall be abrogated.

3. The Chief of Ministerial Office, Ministerial Chief Inspector, Directors of the Civil Aviation Authority of Vietnam, Heads of organizations and relevant entities shall be responsible for implementing this Circular./.

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