Can enterprises Vietnam import aircraft to serve air transportation? What are the requirements for importing aircraft?
What are the conditions for being granted an aircraft operator certificate?
Pursuant to Article 23 of the Law on Civil Aviation of Vietnam 2006 provides for the certificate of aircraft operator as follows:
"Article 23. Certificate of Aircraft Operator
1. The aircraft operator certificate is issued to the organization to certify the satisfaction of safe operation conditions for the specified type of aircraft and type of operation.
2. An organization shall be granted an aircraft operator certificate when it meets the following conditions:
a) Having an organized mining apparatus; appropriate mode of operation and supervision of aircraft operation;
b) Having a team of staff who are trained and have appropriate licenses and certificates;
c) Having a professional training program and an aircraft maintenance program suitable to the nature and scale of operation;
d) Having aircraft, equipment and equipment to ensure safe operation;
d) There are full exploitation manuals.
3. The organization applying for the Certificate of Aircraft Operator must pay a fee."
Conditions for importing aircraft, exporting aircraft, aircraft engines, aircraft propellers and aircraft spare parts?
Pursuant to Article 19 of the Vietnam Civil Aviation Law 2006, the conditions for importing aircraft are prescribed as follows:
"Article 19. Conditions for import and export of aircraft, aircraft engines, aircraft propellers and aircraft spare parts
1. Aircraft, aircraft engines, aircraft propellers, when exported, must be granted a Certificate of eligibility to fly for export by the Ministry of Transport. The applicant for the Certificate of eligibility to fly for export must pay a fee.
2. The export and import of aircraft, aircraft engines, aircraft propellers and aircraft spare parts must ensure aviation safety, aviation security, national security, and be suitable for operation needs. business.
The age of used aircraft imported into Vietnam is regulated by the Government.
3. Aircraft, aircraft engines, aircraft propellers and aircraft spare parts imported for the purpose of making school supplies and other non-aviation purposes may not be used in civil aviation activities."
Thus, based on Clause 2, Article 19 of the Law on Civil Aviation of Vietnam 2006 stipulating that the export and import of aircraft must ensure aviation safety, aviation security, and national security, in accordance with the needs of aircraft operators. business exploitation. The age of used aircraft imported into Vietnam is regulated by the Government.
Can enterprises Vietnam import aircraft to serve air transportation? What are the requirements for importing aircraft? (Image from the internet)
Guidance on aircraft import activities at the request of Vietnam Airlines Corporation?
Pursuant to Section 1, Part I of Official Letter 4140/BCT-XNK in 2022, guiding the importation of aircraft and duty-free sales as follows:
"1. Proposal of Vietnam Airlines Corporation
1.About aircraft import activities
According to the Certificate of change of business registration contents issued by the Department of Planning and Investment of Hanoi on January 27, 2022, the Corporation has the industry code 3030 with the details of importing aircraft.
According to the opinion of the State Securities Commission, other aircraft (for example helicopters, airplanes) are on the list of goods not allowed to exercise the right to import in Appendix 02 issued together with Circular No. 34/ 2013/TT-BCT dated December 24, 2013 of the Ministry of Industry and Trade announced the roadmap for goods trading and activities directly related to goods purchase and sale of foreign-invested enterprises in Vietnam. Vietnam.
In Clause 3, Article 3 of Decree No. 09/2018/ND-CP detailing the Commercial Law and the Law on Foreign Trade Management on goods purchase and sale activities and activities directly related to the purchase and sale of goods. Foreign investment and foreign-invested economic organizations in Vietnam stipulate: “The right to import is the right to import goods from abroad into Vietnam for sale to traders who have the right to distribute such goods. in Viet Nam".
According to Article 23 of the Law on Civil Aviation of Vietnam, one of the conditions for an organization to be granted an aircraft operator certificate is having an aircraft that ensures safe operation.
According to Article 110 of the Law on Civil Aviation of Vietnam, one of the conditions for an enterprise to be granted an air transport business license is to have a plan to ensure that there is an aircraft to operate.
Based on the above provisions, the Corporation understands that the Corporation is allowed to import aircraft to serve its main business line - air transportation and this activity is not within the scope of regulation of the business term regulations. Foreign-invested enterprises exercise the right to import in Circular 34/2013/TT-BCT."
Conclusion of the opinion of the Ministry of Industry and Trade on aircraft import activities?
Pursuant to Section 1, Part III of Official Letter 4140/BCT-XNK in 2022, on aircraft import activities as follows:
Pursuant to the provisions of Clause 3, Article 3 of Decree 09/2018/ND-CP cited above according to the Ministry of Industry and Trade, in case the Vietnam Airlines Corporation carries out the import of aircraft to:
To serve the implementation of business objectives licensed under the Certificate of Business Registration, Investment Registration Certificate/Business License:
In the case of air transportation business, this is an import operation for the implementation of a licensed business investment project and is the right of the enterprise, not the right to import within the scope of Decree No. 09/2016/ND-CP dated 15/01/2018.
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