Văn bản hợp nhất 15/VBHN-BGTVT

CIRCULAR

ON AIR TRANSPORT AND GENERAL AVIATION OPERATIONS

Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on air transport and general aviation operations, coming into force as of March 1, 2015 (hereinafter referred to as Circular No. 81/2014/TT-BGTVT), amended by:

Circular No. 21/2020/TT-BGTVT dated September 28, 2020 on amendments to Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of Minister of Transport on air transport and general aviation operations, Circular No. 14/2015/TT-BGTVT dated April 27, 2015 of Minister of Transport on non-refundable advance compensation 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, coming into force as of November 15, 2020 (hereinafter referred to as “Circular No. 21/2020/TT-BGTVT”).

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

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 Decree No. 12/2017/ND-CP dated February 10, 2017 of Government on functions, tasks, powers, and organizational structure of 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 promulgates a Circular on amendments to Circular No. 81/2014/TT-BGTVT [1].

Chapter I

GENERAL PROVISIONS

Article 1. Scope

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;

c)[2] Issue, reissue and revoke license for establishment of representative offices and ticket offices of foreign airlines in Vietnam;

d)[3] Issue and revoke licenses for registration of house airway bills;

e) Approval for cooperation agreements directly related to the right of air service.

2. Airlines’ basic obligations to passengers with confirmed reservation and holding tickets of a flight that is interrupted, delayed, cancelled or departs ahead of schedule or to passengers who are denied boarding.

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, luggage and cargo, activities of involved organizations.

Article 2. Regulated entities

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

Chapter II

FLEET PLANNING AND AIRCRAFT LEASE

Article 3. Fleet planning of air transport service providers (hereinafter referred to as “airlines”) and general aviation service providers of Vietnam[4]

1. Airlines and general aviation service providers are responsible for developing fleet planning on an annual basis (from January 1 to December 31 inclusively), medium-term basis (5 years) and long-term basis (10 years or longer) to perform air transport and general aviation operations in Vietnam.

2. Fleet planning developed by airlines and general aviation service providers must include following details:

a) Estimation of demands of domestic and international air transport and each flight route estimated for operation;

b) Estimation of flight route network; available revenue freight tonne and passenger/kilometers; load factor; market share of the airlines in international and domestic networks and on each flight route;

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

d) Plan for assuring (personnel and financial) resources to operate and maintain the fleet.

3. In case details of fleet planning 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 fleet planning, report details are as follows:

a) Name: fleet planning;

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.

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.  Application includes:

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, shopping method; and evaluation 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 the application is incomplete, the Civil Aviation Authority of Vietnam shall request the applicant to complete their 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. The 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 the right of air service granted.

2. Every aircraft lessee shall not let anyone benefit from the right of air service granted, 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. Issuance of air transport regulations[5]

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

Article 7. Procedures for registration of air transport regulation

1. An airline seeking registration of 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.  Application includes:

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 its 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 with confirmed reservation and holding tickets on a flight which is interrupted, delayed, cancelled or departs ahead of schedule or to passengers who are denied boarding

1.[6] 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 operation.

2. The airline shall have following obligations in case a flight is delayed:

a) Fully update and provide information for passengers via appropriate means of communication; cater and accommodate passengers 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 passengers on a flight which delays 02 hours or more to the final destination, within the scope of service, and shall release passengers from restrictions on changes in itinerary and flight and other arising surcharges (if any);

c) Give non-refundable advance compensation for passengers with confirmed reservation and holding tickets on a flight 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 released;

(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 to be collected by the airline on behalf of the airport or airfield and other surcharges according to legal invoices presented by the passenger;

(iii) Partially-used tickets shall be refunded not less than the difference between the paid fare and the fees and charges actually incurred during the itinerary.

3.[7]  Cancelled flight refers to a flight which is not operated on the basis of cancellation schedule of an airline.

4. In case a flight is cancelled or a passenger is denied boarding, the airline shall:

a) Notify passengers of reasons for flight cancellation or denied boarding;

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

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

d) Be waived from obligations specified in point a, b and c of this clause if a passenger is denied boarding under Article 146 of the Law on Vietnam Civil Aviation.

5.[8] Early departure 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.

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 with confirmed reservation 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 have staff to provide care and assistance to them; initiate 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 offices.

Chapter IV

REPRESENTATIVE OFFICES AND TICKET OFFICES OF FOREIGN AIRLINES

Article 10. Procedures for issuing, reissuing and revoking license for establishment of representative offices and ticket offices of foreign airlines in Vietnam[9]

1. Foreign airlines seeking a 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.

Article 11. (annulled)[10]

Article 12. Notice and report on operations of representative offices and ticket offices of foreign airlines in Vietnam[11]

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.

Article 13. Ceasing operations of representative offices and ticket offices of foreign airlines in Vietnam[12]

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.

Chapter V

ISSUANCE OF HOUSE AIRWAY BILLS

Article 14. Procedures for registration of house airway bills[13]

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.

Article 15. Requirements for air freight forwarding

1.  Air freight forwarding is not an air transport operation carried out by an airline as stipulated in the Law on Vietnam Civil Aviation.

2.  Air freight forwarder may carry out the freight forwarding procedure at airports or airfields after obtaining the certificate of registration for house airway bill.

Chapter VI

GRANT OF THE RIGHT OF AIR SERVICE

Article 16. Procedure for granting the right of air service

1. A Vietnamese airline seeking the right of scheduled air service 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.  Application includes:

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 legal status and its charter.

2. A foreign airline seeking the right of scheduled air service shall, in addition to documents specified in clause 1 of this Article, submit the following documents:  A document or written confirmation conferring the right of air services 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 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 right of air service in writing.  If the application is rejected, it shall provide explanation in writing.

If the application is incomplete, the Civil Aviation Authority of Vietnam shall request the applicant to complete its 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 the right of air service

1. Market demand:

a) The right of air service on a new flight route which has yet to be operated by any airline shall be granted upon request of the airline wishing to operate that flight route;

b) The right of air service 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, aircraft fleet and human resources;

b) The feasibility of the fleet planning at the time of application.

3. Balance between the flight route network and economic development:

a) The capacity of infrastructure of airports or airfields;

b) Flight route sustainable development;

c) The balance of air transport between different regions, taking into account the factor to stimulate demand and encourage operation at airports in disadvantaged areas, remote and isolated areas that have actual demand for air transport (essential flight routes), airports that have low operation, and actual operation of essential flight routes by the airlines;

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

Article 18. Cooperation agreements directly related to the right of air service

1. The agreements directly related to the right of air service include:

a) Codeshare agreements; and

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

2. A codeshare agreement is an aviation business arrangement in which an airline may use its own flight number on a flight operated by another airline in Vietnam.

3. Requirements for a cooperation agreement directly related to the right of air service:

a) There shall be a term which stipulates that the 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 schedule to the Civil Aviation Authority of Vietnam for review and approval in accordance with relevant international agreements.

Article 19. Approval for cooperation agreements directly related to the right of air service

1. A Vietnamese airline seeking approval for a cooperation agreement directly related to the right of air service 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.  Application includes:

a) An application form made by using Annex XII attached hereto;

b) A copy of the cooperation agreement directly related to the right of air service.

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 the application is incomplete, the Civil Aviation Authority of Vietnam shall request the applicant to complete its 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 exercising the right of air service

1. Airlines shall only carry out their air services within the scope of the granted the right of air service.

2. No airline is allowed to transfer their right of air service or perform banned anti-competitive practices or unfair competition.

Chapter VII

IMPLEMENTATION

Article 21. Responsibilities of the Civil Aviation Authority of Vietnam

1. Examine and carry out the procedure for recognition and validation 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. Designate 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) Formulation, promulgation and implementation of regulations and procedures for servicing passengers under regulations of laws on the quality of air transport services 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 cessation of operation of the representative office, ticket 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 office 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. Cancel, revoke and suspend licenses, certificates, approval and grant of right in the following cases:

a) The entity granted the license, certificate, approval or the right 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 the right no longer satisfies requirements for such license, certificate, approval or the right;

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. Consolidate and send 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 and airfields as stipulated herein.

2. Consolidate and send 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. Entry into force, responsibilities of implementation[14]

1. This Circular comes into force as of March 1, 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 articles of the Circular No.26/2009/TT-BGTVT dated October 28, 2009 on air transport and general aviation shall be annulled.

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

[1] Circular No. 21/2020/TT-BGTVT has the following legal bases:

“Pursuant to the Law on Civil aviation of Vietnam No. 66/2006/QH11 dated June 29, 2006 and the Law on amendments to the Law on Civil aviation of Vietnam 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;

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

Minister of Transport promulgates a Circular on amendments to Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of Minister of Transport on air transport 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 non-refundable advance compensation in airway passenger transportation (hereinafter referred to as “Circular No. 14/2015/TT-BGTVT”) 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”).”.

[2] This point is amended by clause 1 Article 1 of Circular No. 21/2020/TT-BGTVT.

[3] This point is amended by clause 1 Article 1 of Circular No. 21/2020/TT-BGTVT.

[4] This point is amended by clause 2 Article 1 of Circular No. 21/2020/TT-BGTVT.

[5] This point is amended by clause 3 Article 1 of Circular No. 21/2020/TT-BGTVT.

[6] This point is amended by point a clause 4 Article 1 of Circular No. 21/2020/TT-BGTVT.

[7] This point is amended by point b clause 4 Article 1 of Circular No. 21/2020/TT-BGTVT.

[8] This point is amended by point c clause 4 Article 1 of Circular No. 21/2020/TT-BGTVT.

[9] This point is amended by clause 5 Article 1 of Circular No. 21/2020/TT-BGTVT.

[10] This point is amended by clause 6 Article 1 of Circular No. 21/2020/TT-BGTVT.

[11] This point is amended by clause 7 Article 1 of Circular No. 21/2020/TT-BGTVT.

[12] This point is amended by clause 8 Article 1 of Circular No. 21/2020/TT-BGTVT.

[13] This point is amended by clause 9 Article 1 of Circular No. 21/2020/TT-BGTVT.

[14] Article 4 of Circular No. 21/2020/TT-BGTVT reads as follows:

“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 non-refundable advance compensation in airway passenger transportation.

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