Thông tư 21/2020/TT-BGTVT

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 81/2014/TT-BGTVT DATED DECEMBER 30, 2014 OF MINISTER OF TRANSPORT ON AIRWAY TRANSPORTATION AND GENERAL AVIATION OPERATION, CIRCULAR NO. 14/2015/TT-BGTVT DATED APRIL 27, 2015 OF MINISTER OF TRANSPORT ON COMPENSATION FOR NON-REFUNDED ADVANCE IN AIRWAY PASSENGER TRANSPORTATION AND CIRCULAR NO. 33/2016/TT-BGTVT DATED NOVEMBER 25, 2016 OF MINISTER OF TRANSPORT ON OPERATIONAL AND STATISTICAL REPORT IN VIETNAM CIVIL AVIATION

Pursuant to Law on Vietnam Civil Aviation No. 66/2006/QH11 dated June 29, 2006 and Law on amendments to Law on Vietnam Civil Aviation No. 61/2014/QH13 dated November 21, 2014;

Pursuant to Decree No. 30/2013/ND-CP dated April 8, 2013 of the Government on airway transportation business and general aviation operation;

Pursuant to Decree No. 66/2015/ND-CP dated August 12, 2015 of Government on Aviation Authorities;

Pursuant to Decree No. 92/2016/ND-CP dated July 1, 2016 of the Government on conditional business lines in civil aviation sector;

Pursuant to Decree No. 12/2017/ND-CP dated February 10, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Transport;

Pursuant to Decree No. 89/2019/ND-CP dated November 15, 2019 of the Government on amendments to Decree No. 92/2016/ND-CP dated July 1, 2016 of the Government on conditional business lines in civil aviation sector and Decree No. 30/2013/ND-CP dated April 8, 2013 of the Government on airway transport business and general aviation operation;

At request of Director General of Department of Transport and Director of Civil Aviation Authority of Vietnam, Minister of Transport promulgates Circular on amendments to Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of Minister of Transport on airway transportation and general aviation operation (hereinafter referred to as “Circular No. 81/2014/TT-BGTVT dated December 30, 2014”), Circular No. 14/2015/TT-BGTVT dated April 27, 2015 of Minister of Transport on compensation for non-refunded advance in airway passenger transportation (hereinafter referred to as “ Circular No. 14/2015/TT-BGTVT dated April 27, 2015”)  and Circular No. 33/2016/TT-BGTVT dated November 25, 2016 of Minister of Transport on operational and statistical report in Vietnam civil aviation (hereinafter referred to as “Circular No. 33/2016/TT-BGTVT dated November 15, 2016”).

Article 1. Amendments to Circular No. 81/2014/TT-BGTVT dated December 30, 2014

1. Amend Points c and d Clause 1 Article 1 as follows:

“c) Issue, reissue and revoke license for establishment of representative offices and ticket offices of foreign airlines in Vietnam;

d) Issue and revoke license for registration of house airway bills;”.

2. Amend Article 3 as follows:

“Article 3. Aircraft utilization plans of airway transportation service providers (hereinafter referred to as “airlines”) and general aviation service providers of Vietnam

1. Airlines and general aviation service providers are responsible for developing aircraft utilization plans on an annual basis (from January 1 to December 31 inclusively), medium-term basis (5 years) and long-term basis (10 years of higher) to implement airway transportation and general aviation operation in Vietnam.

2. Aircraft utilization plans developed by airlines and general aviation service providers must include following details:

a) Estimation of demands of domestic and international aviation transportation and each air route estimated for utilization;

b) Estimation of air route network; (passenger and cargo) transportation load; load use factor; market of the airlines in international and domestic networks and on each air route;

c) Number of aircrafts by classification estimated to be utilized thoroughly within the network; type of aircraft expected to be utilized on each air route of the airlines;

d) Plan for assuring (personnel and financial) resources to utilize and maintain aircrafts.

3. In case details of aircraft utilization plans specified under this Article are amended, enterprises are responsible for reporting to Civil Aviation Authority of Vietnam within 30 days from the date on which the enterprises decide to amend the plans.

4. Airlines and general aviation service providers are responsible for reporting to Civil Aviation Authority of Vietnam on aircraft utilization plans, report details are as follows:

a) Name: aircraft utilization plan;

b) Details: details specified under Clause 2 of this Article;

c) Methods of submitting and receiving reports: physical or digital reports shall be submitted in person, via postal service, fax or other appropriate methods as per the law;

d) Report submission deadline: November 1 of the year that precedes the year of the plan (in case of annual plans) and 60 days prior to estimated plan commencement date (in case of medium-term and long-term plans);

dd) Figure conclusion date: until October 31 of the year that precedes the year of the plan;

e) Report form: follow Annex XV attached to this Circular.”.

3. Amend Article 6 as follows:

“Article 6. Issuance of transportation regulations

Airlines are responsible for developing, registering and issuing transport regulations. Transport regulations must include rights and obligations of transporters, rights and obligations of customers according to regulations and law.”.

4. Amend Clause 1, Clause 3 and Clause 5 Article 8 as follows:

a) Amendments to Clause 1 Article 8 are as follows:

“1. Delayed flight refers to a flight whose actual time of departure (from the moment wheel chocks are removed) is 15 minutes behind estimated time of departure according to reference flight schedule. Reference flight schedule refers to the final version of daily flight schedule of airlines updated and submitted to Civil Aviation Authority of Vietnam, airport authorities and flight management agencies of related agencies no later than 10 p.m. Hanoi time (3 p.m. UTC) of the date prior to the date of utilization.”;

b) Amendments to Clause 3 Article 8 are as follows:

 “3. Cancelled flight refers to a flight rejected from implementation on the basis of cancellation schedule of an airline.”;

c) Amendments to Clause 5 Article 8 are as follows:

“5. Early flight refers to a flight whose actual time of departure (from the moment wheel chocks are removed) is earlier than estimated time of departure according to reference flight schedule.”.

5. Amend Article 10 as follows:

“Article 10. Procedures for issuing, reissuing and revoking license for establishment of representative offices and ticket offices of foreign airlines in Vietnam

1. Foreign airlines applying for issuance of license for establishment of representative offices and ticket offices shall submit application in person, postal service or other appropriate methods to Civil Aviation Authority of Vietnam and shall be responsible for information in the application.  Application includes:

a) Written application form specified in Appendix III issued together with this Circular;

b) Copies of license for establishment, enterprise registration certificates or equivalent documents of the airlines (in Vietnamese or English);

c) Copies of operation regulations of the airlines (in Vietnamese or English);

d) Copies of documents verifying rights to use base offices where representative offices and ticket offices are situated in Vietnam;

dd) Copies from master registers, copies and master registers for comparison or certified true copies (in case of online application), certified true copies (in case of submission via postal network) of documents assigning heads of representative offices and ticket offices (in Vietnamese or English).

2. Within 5 working days from the date on which adequate application is received, Civil Aviation Authority of Vietnam is responsible for appraising and issuing license using form under Annex VIII attached to this Circular, in case of rejection, provide written reason.

In case application for license issuance is inadequate as per the law, within 2 working days from the date on which the application is received, Civil Aviation Authority of Vietnam shall request the airlines to revise the application in writing and deadline for following up with the application shall start from the date on which adequate application is received.

3. License for establishment of representative offices and ticket offices shall enter into force from date of signing and shall expire due to revocation in case of violation against Clause 5 Article 123 of Law on Vietnam Civil Aviation or at request of the airlines.

4. In case of any revision to any detail of issued license for establishment of representative offices or ticket offices, foreign airlines shall apply for reissuance of license for establishment in person, postal service or other appropriate methods to Civil Aviation Authority of Vietnam and shall be responsible for information in the application.

a) Application includes: form specified under Annex IV attached to this Circular and documents related to revised details in Vietnamese or English;

b) Within 3 working days from the date on which adequate application is received, Civil Aviation Authority of Vietnam is responsible for appraising and reissuing license using form under Annex XIII attached to this Circular;

In case application for license reissuance is inadequate as per the law, within 2 working days from the date on which the application is received, Civil Aviation Authority of Vietnam shall request the airlines to revise the application in writing and deadline for following up with the application shall start from the date on which adequate application is received.

5. Airlines applying for issuance and reissuance of license for establishment of representative offices and ticket offices shall submit fees as per the law.

6. Airlines applying for reissuance of license due to damaged or lost license shall follow procedures under Clause 4 of this Article.

7. In case license is revoked, Civil Aviation Authority of Vietnam shall issue decisions on license revocation and the airline must immediately cease operation of representative offices and ticket offices.”.

6. Annul Article 11.

7. Amend Article 12 as follows:

“Article 12. Notice and report on operations of representative offices and ticket offices of foreign airlines in Vietnam

1. Within 60 days from the date on which the license is issued, representative offices and ticket offices of foreign airlines are obliged to inform Civil Aviation Authority of Vietnam about their operations in physical form, electronic form or fax using form under Annex VI attached to this Circular. Airlines are not responsible for truthfulness and accuracy of notice on operations.

2. Within 45 days from the date on which the license is issued, representative offices and ticket offices must operate in registered head offices and post on a newspaper permissible for issuance in Vietnam for 3 consecutive issues as follows:

a) Name and address of head office of representative offices and ticket offices;

b) Name and address of head office of foreign airlines;

c) Heads of representative offices and ticket offices;

d) List of foreign workers (name, nationality, passport number and valid work permit (if any));

dd) Number, date of issue and duration of the permit;

e) Operational details of representative offices and ticket offices.

3. In case of change to personnel who are foreigners, representative offices and ticket offices are responsible for informing Civil Aviation Authority of Vietnam about the change within 10 days from the date of said changes.

4. Representative offices and ticket offices are responsible for reporting to Civil Aviation Authority of Vietnam about annual operation and responsible for truthfulness and accuracy of the report contents, to be specific:

a) Name: Operational reports of representative offices and ticket offices of foreign airlines in Vietnam;

b) Report details: information on representative offices and ticket offices; operation of representative offices and ticket offices; general assessment and recommendations;

c) Methods of submitting and receiving reports: physical or digital reports shall be submitted in person, via postal service, fax or other appropriate methods as per the law;

d) The figure conclusion date: from January 1 to December 31 of the reporting year;

dd) Report submission deadline: before January 31 of the next reporting year;

e) Report form: follow Annex VII attached to this Circular.”.

8. Amendments to Article 13 are as follows:

“Article 13. Ceasing operations of representative offices and ticket offices of foreign airlines in Vietnam

1. Operation of representative offices and ticket offices shall be ceased in following cases:

a) At request of foreign airlines;

b) Foreign airlines cease operation according to regulations and law of the countries where the airlines are established or registered for business operation;

c) License for establishment of representative offices and ticket offices is revoked as specified under Clause 5 Article 123 of Law on Vietnam Civil Aviation.

2. Within 30 days before the date on which operation is expected to be ceased as specified under Points a and b Clause 1 of this Article, representative offices and ticket offices must submit notice on ceasing operation using form under Annex VIII attached to this Circular to Civil Aviation Authority of Vietnam, creditors, workers and other individuals with relevant rights and interests.  The notice must specify expected date of ceasing operation and be posted openly in head office of representative offices and ticket offices and on a newspaper permissible for issuance in Vietnam for 3 consecutive issues.

3. Foreign airlines, representative offices and ticket offices are responsible for fulfilling debt obligations and other obligations with relevant organizations and individuals as per the law.”.

9. Amend to Article 14 as follows:

“Article 14. Procedures for registration of house airway bills

1. Vietnamese enterprises shall submit 1 application for export of house airway bills in person, postal service or other appropriate method to Civil Aviation Authority of Vietnam and be responsible for information in the application. Application includes:

a) Written application form specified in Appendix IX issued together with this Circular;

b) Copies from the master registers, copies and master registers for comparison or certified true copies (in case of online submission), certified true copies (in case of submission via postal service) of enterprise registration certificates;

c) Copies of house airway bills of consigning enterprises.

2. Vietnamese enterprises applying for export of house airway bills of foreign consigning enterprises shall submit 1 application for export of house airway bills in person, postal service or other appropriate method to Civil Aviation Authority of Vietnam and be responsible for information in the application. Application includes:

a) Written application form specified in Appendix X issued together with this Circular;

b) Copies from the master registers, copies and master registers for comparison or certified true copies (in case of online submission), certified true copies (in case of submission via postal service) of enterprise registration certificates;

c) Copies of house airway bills of foreign consigning enterprises;

d) Copies of enterprise registration certificate or equivalent documents of foreign consigning enterprises.

3. Within 5 working days from the date on which adequate application is received, Civil Aviation Authority of Vietnam is responsible for appraising and issuing registration certificates using form under Annex XIV attached to this Circular, in case of rejection, provide written reason.

In case application is inadequate as per the law, within 2 working days from the date on which the application is received, Civil Aviation Authority of Vietnam shall request enterprises to complete the application in writing and deadline for following up with the application shall start from the date on which adequate application is received.

4. Enterprises applying for issuance of certificates for export of house airway bills shall submit fees as per the law.

5. Certificates for export of house airway bills issued by Civil Aviation Authority of Vietnam shall enter into force from the date of signing and revoked in following cases:

a) At request of enterprises;

b) Enterprises ceasing to operate for 6 consecutive months without informing certificate issuing body.

6. In case certificates are revoked, Civil Aviation Authority of Vietnam shall issue decisions on revocation of certificates and enterprises must terminate registration for export of house airway bills according to issued certificates.”.

10. Annul Annex V attached to Circular No. 81/2014/TT-BGTVT dated December 30, 2014.

11. Replace Annexes IV, VI, VII, IX, X attached to Circular No. 81/2014/TT-BGTVT dated December 30, 2014 with Annexes I, II, III, IV and V respectively under this Circular.

12. Add Annexes XIII XIV and XV to Circular No. 81/2014/TT-BGTVT dated December 30, 2014 corresponding to Annexes VI, VII and VIII attached to under this Circular.

Article 2. Amendments to Circular No. 14/2015/TT-BGTVT dated April 27, 2015

1. Amend Article 4 as follows:

“Article 4. Obligations of transporters

1. Compensate for non-refunded advance for customers having tickets and confirmed seats on flights with amount specified under Article 8 of this Circular in case of rejected transportation, cancelled flight or delayed flights, except for cases of receiving exemption from responsibilities specified under Article 5, Article 6 and Article 7 of this Circular.

2. Publicize on websites of transporters, airports, representative offices, ticket offices and ticket sale systems of transporters regarding cases of compensation for non-refunded advance, amount of compensation, detailed methods, compensation deadline and specific address for compensation.

3. Inform airport authorities, airport enterprises and passenger terminal service providers about reasons for cancelled flights and delayed flights immediately after decisions on cancellation are issued or as soon as delayed flights are identified to supervise and update on information system of airports and aerodromes.

4. Within 72 hours from the moment in which flights are expected to take off (in case of cancelled flights) or actually take off (in case of flights where customers are rejected or delayed flights) or irregularly at request of airport authorities, airlines are responsible for reporting to airport authorities about compensating for non-refunded advance of flights as follows:

a) Name: Report on compensation for non-refunded advance for customers rejected from flights and having cancelled flights;

b) Details: information on flights of airlines, information on rejected customers, customers with cancelled flights and solutions of the airlines;

c) Methods of submitting and receiving reports: physical or digital reports shall be submitted in person, via postal service, fax or other appropriate methods as per the law;

d) Report form: follow Annex I attached to this Circular.

5. Accept and process complaints of customers rejected from flights, having cancelled flights or delayed flights.

6. Record contact information provided by customers namely: mobile number, landline number, email or number of relatives in case of failure to contact to provide information on cancelled flights and delayed flights 24 hours prior to estimated take-off time to serve as the basis for obligation exemption specified under Clause 1 Article 7 of this Circular.”.

2. Amend Article 13 as follows:

“Article 13. Responsibilities of airport authorities

1. Publicly post length of air routes and regulations of this Circular in airports.

2. With their competence, inspect, supervise and deal with execution of obligations of transporters in case of customers rejected for transportation, having cancelled flights or delayed flights of the transporters according to this Circular.

3. Submit reports on supervising compensation for non-refunded advance of airlines to Civil Aviation Authority of Vietnam on a monthly basis or irregular basis upon request.

Monthly reports on supervising compensation for non-refunded advance of airlines shall include following details:

a) Name: Report on supervising compensation for non-refunded advance of airlines;

b) Details: information on airlines, flights (number, routes), date of fights, number of customers receiving compensation, method of compensation, information of customers receiving compensation and other information (if any);

c) Methods of submitting and receiving reports: physical or digital reports shall be submitted in person, via postal service, fax or other appropriate methods as per the law;

d) Report submission deadline: before the 10^th of the next month;

dd) Figure conclusion date: from the first date to the last date of the month;

e) Report form: follow Annex II attached to this Circular.”.

3. Replace Annex attached to Circular No. 14/2015/TT-BGTVT dated April 27, 2015 with Annex IX under this Circular.

4. Add Annex II to Circular No. 14/2015/TT-BGTVT dated April 27, 2015 in form of Annex X attached to under this Circular.

Article 3. Amendments to Circular No. 33/2016/TT-BGTVT dated November 15, 2016

1. Amend Point a Clause 2 Article 4 as follows:

“a) (weekly) reports on figures of transportation of each flight, actual take-off time and landing time of each flight in airports and aerodromes using Form CV-1 of Annex attached to this Circular: include figures from the Wednesday of the previous week to Tuesday of the current week and submit reports before 10 a.m. each Thursday;”.

2. Annul Point g Clause 3 Article 4.

3. Replace Forms CV-1 and QLB-6 attached to Circular No. 33/2016/TT-BGTVT dated November 15, 2016 with Annexes XI and XII under this Circular respectively.

4. Annul Form QLB-7 attached to Circular No. 33/2016/TT-BGTVT dated November 15, 2016.

Article 4. Implementation clause

1. This Circular comes into force from November 15, 2020.

2. This Circular annuls:

a) Circular No. 52/2018/TT-BGTVT dated October 15, 2018 of Minister of Transport on amendments to Circular No. 81/2014/TT-BGTVT dated December 30, 2014 on airway transportation and general aviation operation;

b) Clause 2 Article 2 of Circular No. 27/2017/TT-BGTVT dated August 25, 2017 of Minister of Transport on amendments to Circular No. 36/2014/TT-BGTVT dated August 29, 2014 of Minister of Transport on quality of passenger services in airports and Circular No. 14/2015/TT-BGTVT dated April 27, 2015 of Minister of Transport on compensation for non-refunded advance in airway passenger transportation.

3. Chief of the Ministry Office, ministerial Chief Inspectors, directors, Director General of Civil Aviation Authority of Vietnam, heads of agencies, relevant organizations and individuals are responsible for the implementation of this Circular./.