Thông tư 36/2015/TT-BGTVT

Circular No. 36/2015/TT-BGTVT dated July 24th 2015, on management of domestic air carriage prices and aviation service prices

Nội dung toàn văn Circular No. 36/2015/TT-BGTVT management of domestic air carriage prices and aviation service prices


THE MINISTRY OF TRANSPORT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 36/2015/TT-BGTVT

Hanoi, July 24, 2015

 

CIRCULAR

ON MANAGEMENT OF DOMESTIC AIR CARRIAGE PRICES AND AVIATION SERVICE PRICES

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

Pursuant to the Law on prices No. 11/2012/QH13 dated June 20, 2012;

Pursuant to the Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government providing instructions on the implementation of the Law on prices;

Pursuant to the Decree No. 107/2012/ND-CP dated December 20, 2012 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of Director of Transport Department and Director of the Civil Aviation Authority of Vietnam,

The Minister of Transport promulgates a Circular on management of domestic air carriage prices and aviation service prices

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular deals with rules for determination of domestic air carriage prices and aviation service prices; power and responsibility of agencies and units in formulation and assessment of price proposals and price decision, and price declaration.

2. This Circular applies to organizations and individuals that provide, use and manage domestic air carriage prices and aviation service prices.

Article 2. Payment currencies

1. Domestic air carriage prices applying within Vietnam’s territory and aviation service prices applying to domestic fights shall use Vietnamese dong currency (VND).

2. Domestic air carriage prices applying in a foreign country outside Vietnam’s territory shall use the local currency or freely convertible currencies in accordance with regulations and law of that country.

3. Aviation service prices applying to international fights shall use USD dollars. If the aviation service is paid in VND, it shall be converted as prescribed in law on foreign exchange.

Article 3. Rules for determination of service prices

1. General rules for determination of domestic air carriage prices and aviation service prices:

a) The service price shall be determined according to appropriate operating costs; in conformity with service quality and the supply and demand on market;

b) The service price is conformable with socio-economic development policies for every period of time and the price of the same type of services in the ASEAN region;

c) The service price must be competitive with no abuse of monopoly position.

2. Apart from the general rules prescribed in Clause 1 of this Article, aviation service organizations or individuals are required to conform to the following rules:

a) Aviation service prices applicable to international flights shall be determined according to principles of investment recovery and capital accumulation, in conformity with investment output and scope; and application of optional methods of pricing to enhance service quality of the airports;

b) Aviation service prices applicable to domestic flights shall be determined according to domestic market prices, with due account taken of relation between domestic and international prices of the same type of service;

c) Non-aviation service prices at airports or airfields shall be determined according to principles of non-monopoly, in accordance with market and respect for client interests and regulations of law on prices.

Article 4. Policies on preferential prices for extensions of service users

1. The policy on preferential prices shall be formulated and introduced according to the principles of transparency, publicity, and no discrimination between service users in the same type of service.

2. The competent agency of service pricing shall promulgate policies on preferential prices of services provided by state-owned enterprises with specific prices set by the State.

3. The service providers shall formulate and introduce their policies on preferential prices and discounts themselves.

Chapter II

SPECIFIC PROVISIONS

Section 1. PRICING

Article 5. List of services of which prices the Ministry of Transport decide and price bracket

1. Prices of aviation services, including:

a) Takeoff and landing services;

b) Administration of outbound and inbound flights;

c) Assistance in ensuring air navigation;

d) Passenger services;

dd) Security screening services;

e) Administration of flights through the flight information region under the management of Vietnam.

2. Price bracket of economy-class domestic passenger carriage provided within Vietnam’s territory in the flights provided by enterprises holding monopoly position, enterprise or group of enterprises holding dominant market position.

3. Price bracket of a number of aviation services provided by enterprises holding monopoly position, enterprise or group of enterprises holding dominant market position at the airports or airfields, including:

a) Airport apron rental services;

b) Counter rental for passengers;

c) Baggage carousel rental services;

d) Jet bridge rental services;

dd) Territorial technical - commercial services- at airports and airfields (regarding airports applying all-inclusive method);

e) Automatic classification of outbound baggage;

g) Aviation gasoline fueling services;

h) underground fueling system structures for airports and airfields.

4. Price bracket of a number of non-aviation services:

a) Premises lease at passenger terminals or cargo terminals;

b) Essential services at passenger terminals.

Article 6. Procedures for formulation and assessment of price proposal documents

1. A service provider shall make 2 sets of price proposal documents and send to the Civil Aviation Authority of Vietnam in one of the following methods:

a) Directly;

b) By post;

c) Via email attached with electronic signature or a scan of the form with signature and red seal or via fax or a phone call together with documents sent by post.

2. A set of price proposal documents includes:

a) An application for pricing or price adjustment;

b) A price proposal;

c) Other relevant materials.

The price proposal documents are prescribed in Appendix 1 issued herewith.

3. Deadline for assessment of the plan price and deadline for price decision:

a) Within 15 working days, from the date on which the adequate price proposal documents are received as prescribed, the Civil Aviation Authority of Vietnam shall issue an assessment of the price proposal.

If the price proposal documents are not adequate, within 3 working days, the Civil Aviation Authority of Vietnam shall request the service provider to complete the plan. The duration of assessment shall be determined from the date on which the adequate plan is received as prescribed.

b) Within 10 working days, from the date on which the price proposal and the assessment of the Civil Aviation Authority of Vietnam, the Ministry of Transport shall issue a price decision. If a price decision is not issued, the Ministry of Transport shall provide explanation in writing.

c) If it deem necessary to extend duration of assessment of price proposal or price decision, the Civil Aviation Authority of Vietnam or the Ministry of Transport shall issue a notification and provide explanation for the service provider; provided that the extension period does not exceed 15 working days, from the deadline of the assessment of price proposal or price decision as prescribed in Points a and b of this Clause.

4. Price adjustment:

a) When the factors constituting domestic prices and global prices fluctuate that affect business activities, the Ministry of Transport shall promptly consider adjusting prices;

b) Organizations or individuals are entitled to request the Ministry of Transport to adjust prices as prescribed. They must provide explanation for their requests.

c) Procedures and deadline for price adjustment shall comply with Clauses 1, 2 and 3 of this Article.

Section 2. PRICE DECLARATION

Article 7. List of services subject to price declaration

1. The services prescribed in Clauses 2 and 3 Article 5 of this Circular.

2. The aviation services of which prices charged by the service providers, including:

a) Domestic freight, domestic postal services;

b) Territorial technical-commercial services (other than services provided according to bilateral or multilateral cooperation contracts);

c) Cargo services at airports;

d) Using equipment in terminals;

dd) Other services at the airports.

Article 8. Method of price declaration

1. Before 05 working days from the date on which the price declaration is carried out, the service provider shall make 2 sets of price declaration documents and send them to the Civil Aviation Authority of Vietnam in one of the following methods:

a) Directly;

b) By post

c) Via email attached with electronic signature or a scan of the form with signature and red seal or via fax or a phone call together with documents sent by post.

2. A price declaration includes:

a) Document on duration and validity of price declaration and attached documents;

b) Table of specific price declaration;

The price declaration is prescribed in Appendix 2 issued herewith.

3. The price declaration shall not be carried out in the following cases:

a) Increase price within 5% of the price previously declared provided that the new price does not exceed the maximum price as prescribed;

b) Decrease price within 10% of the price previously declared provided that the new price is not smaller than the minimum price as prescribed.

4. If the price increase exceeds 5% or price decrease is smaller than 10% of the price previously declared, the service provider shall declare the price as prescribed.

Article 9. Receipt and checking of price declaration

1. Receipt:

a) When 2 sets of price declaration documents are received, the Civil Aviation Authority of Vietnam shall write receiving date and stamp on the documents under administrative procedures and return a set of price declaration documents to the declarant;

b) If the price declaration documents are not adequate as prescribed, within 2 working days, the Civil Aviation Authority of Vietnam shall request the service provider to complete the documents;

c) After 5 working days, from the date on which the adequate price declaration documents are received, if the Civil Aviation Authority of Vietnam does not require the declarant to provide explanation for the documents, the declarant shall carry out the price declaration.

2. Checking of documents:

The documents shall be checked as prescribed in Clause 2 Article 16 of Circular No. 56/2014/TT-BTC dated April 28, 2014 of the Minister of Finance on guidelines for Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government on guidelines for the Law on prices.

Section 3. NON-AVIATION SERVICE BIDDING AND POSTING AND ANNOUNCEMENT OF PRICES

Article 10. Non-aviation service bidding

1. If the enterprise providing passenger terminal and cargo terminal services does not provide such services, it must conduct the bidding to select another service provider.

2. Procedures for bidding shall comply with law on bidding.

Article 11. Price posting

The service provider shall post non-aviation service prices as prescribed in Article 17 and Article 18 Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government on guidelines for the Law on prices.

Article 12. Price announcement

The service provider shall:

1. Announce domestic air carriage prices and aviation service prices for service users before the services are provided and the service contracts are concluded.

2. The policies on preferential prices shall be published and notified to competent authorities.

Section 4. RESPONSIBILITY OF REGULATORY AGENCIES AND SERVICE PROVIDERS IN SERVICE PRICES

Article 13. Responsibility of regulatory agencies

1. The Ministry of Transport:

a) Decide prices and price brackets of services prescribed in Article 5 of this Circular;

b) Carry out inspection of implementation of regulations of law on prices and promptly take actions to violations as prescribed.

2. The Civil Aviation Authority of Vietnam:

a) Instruct service providers to comply with regulations on price management as prescribed in this Circular and relevant legislative documents;

b) Announce and post list of domestic flights, list of organizations or individuals subject to price declaration of domestic air carriage prices and aviation service prices on website of the Civil Aviation Authority of Vietnam;

c) Carry out inspection of implementation of law on prices within their competence.

3. Airport authorities:

a) Regularly inspect and expedite the implementation of regulations on non-aviation service prices of the service providers at airports;

b) Carry out inspection of implementation of law on prices within their competence.

Article 14. Responsibility of service providers

1. Comply with regulations on prices as prescribed in this Circular and relevant legislative documents.

2. Make and send reports on implementation of domestic air carriage prices and aviation service prices at the request of competent authorities.

3.  Comply with decisions on inspection of competent authorities.

Chapter III

IMPLEMENTATION

Article 15. Implementation

1. This Circular comes into force from October 1, 2015.

2. Joint Circular No. 103/2008/TTLT/BTC-BGTVT dated November 12, 2008 of the Minister of Finance and the Minister of Transport on guidelines for management of domestic carriage airfare and aviation service prices at airports and airfields of Vietnam and Joint Circular No. 43/2011/TTLT/BTC-BGTVT dated March 28, 2011 on amendments to Joint Circular No. 103/2008/TTLT/BTC-BGTVT dated November 12, 2008 shall be annulled from October 1, 2015.

Article 16. Transitional regulations

1. Price rates and price brackets of aviation services prescribed in Decision No. 1992/QD-BTC dated August 15, 2014 of the Minister of Finance on issuance of price rates and price brackets of aviation services at airports and airfields of Vietnam; price brackets of economy passenger transport prescribed in Decision No. 3282/QD-BTC dated December 19, 2014 of the Minister of Finance on maximum price brackets of economy-class passenger transport in domestic flights holding monopoly position until the Ministry of Transport promulgates a new price bracket of domestic air carriage services and aviation services.

2. Every organization or individual renting premises and providing non-aviation services at airports shall keep execute the contract concluded with the enterprise providing passenger terminal and cargo terminal services until the expiry date provided that it is not later than December 31, 2016. From January 1, 2017 or after the expiry date of the contract (regarding contract of which expiry date is sooner than December 31, 2016), the aforesaid enterprise shall conduct the bidding for selection of another service provider as prescribed in Article 10 of this Circular.

Article 17. Implementation

The Chief of the Ministry Office, the Chief Inspector of Ministry, Director of the Civil Aviation Authority of Vietnam, and Heads of relevant agencies, organizations, and individuals shall implement this Circular.

 

 

MINISTER




Dinh La Thang

 

 


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Circular No. 36/2015/TT-BGTVT management of domestic air carriage prices and aviation service prices
Loại văn bảnThông tư
Số hiệu36/2015/TT-BGTVT
Cơ quan ban hànhBộ Giao thông vận tải
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Ngày ban hành24/07/2015
Ngày hiệu lực01/10/2015
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Lĩnh vựcThương mại, Giao thông - Vận tải
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