Vietnam: If the person leasing an aircraft under a lease or lease-purchase contract wishes to register the right to aircraft possession, what is the minimum duration of such contract?
- If the person leasing an aircraft under a lease or lease-purchase contract wishes to register the right to aircraft possession, what is the minimum duration of such contract?
- What to prepare when registering the right of possession towards aircrafts in Vietnam? Is it possible to apply online?
- What are the procedures for registering the right of possession towards aircrafts in Vietnam?
If the person leasing an aircraft under a lease or lease-purchase contract wishes to register the right to aircraft possession, what is the minimum duration of such contract?
Pursuant to Clause 1, Article 16 of Decree No. 68/2015/ND-CP as amended by Clause 9 Article 1 of Decree No. 64/2022/ND-CP as follows:
Procedures for registration for the right of possession towards aircrafts in Vietnam
1. If the person leasing an aircraft under a lease contract or lease-purchase contract or leasing an aircraft for at least 06 months applies for registration of the right to aircraft possession, he/she shall submit an application to the Civil Aviation Administration of Vietnam, whether directly, by post or online or another method and shall be responsible for the accuracy and truthfulness of information in the application.
Thus, according to the above regulations, when there is a need, if the person leasing an aircraft under a lease contract or lease-purchase contract or leasing an aircraft for at least 06 months applies for registration of the right to aircraft possession, he/she shall submit an application to the Civil Aviation Administration of Vietnam.
Vietnam: If the person leasing an aircraft under a lease or lease-purchase contract wishes to register the right to aircraft possession, what is the minimum duration of such contract?
What to prepare when registering the right of possession towards aircrafts in Vietnam? Is it possible to apply online?
Pursuant to the provisions of Clause 2, Article 16 of Decree No. 68/2015/ND-CP as amended by Article 1 of Decree No. 64/2022/ND-CP, Clause 6.3, Subsection 6, Section A, Part II Administrative procedures promulgate attached to Decision 1204/QD-BGTVT in 2022.
When carrying out the procedures for registration of the right of possession towards aircrafts, the person leasing an aircraft with a term of 06 months or more will prepare 01 set of documents as follows:
- Declaration form according to the form;
- Copies from master registers or certified true copies or photocopies of the originals or copies enclosed with their originals for appraisal purpose or electronic copies from master registers or certified true electronic copies of the originals of documents proving the legal status of the applicant if the applicant is a Vietnamese organization or individual.
If such documents are issued by a competent foreign authority, they shall be consularly legalized as prescribed by law, except for the cases in which consular legalization is exempted according to the international treaty to which the Socialist Republic of Vietnam is a signatory or principles of reciprocity.
- Certified true copies (or copies enclosed with the original copies for comparison) of legal documents proving the possession towards the aircraft;
- Copies enclosed with their originals for appraisal purpose or copies certified by the applicant that prepares the originals or electronic copies from master registers or certified true electronic copies of the originals of the purchase contract of the aircraft or the lease purchase contract of aircraft if the lessor is also the owner of the aircraft;
- Copies enclosed with their originals for appraisal purpose or copies certified by the applicant that prepares the originals or electronic copies from master registers or certified true electronic copies of the originals of the purchase contract or the lease purchase contract of aircraft. If the lessor in the contract is not the aircraft’s owner, documents proving that the lessor is entitled to lease out the aircraft are required.
Thus, dossiers can be submitted in the following methods:
- Submit application directly; or
- Via the postal system; or
- Online; or
- Other suitable methods.
What are the procedures for registering the right of possession towards aircrafts in Vietnam?
According to Clause 6.1, subsection 6, Section A, Part II Administrative procedures issued together with Decision 1204/QD-BGTVT in 2022, the order of registration of aircraft possession at the Civil Aviation Authority of Vietnam is as follows:
Step 1: Submit administrative documents:
The lessee, the lessee who has a term of 06 months or more, applies for registration of the right of possession towards aircrafts to submit the application file directly, via the postal system or on the electronic environment or by other methods to the Civil Aviation Authority of Vietnam and must take responsibility for the accuracy and truthfulness of the information recorded in the dossier.
Step 2: Handling administrative procedures:
- Within 03 working days from the date of receipt of a complete dossier as prescribed, the Civil Aviation Administration of Vietnam shall issue the Certificate of registration of possession of the aircraft; In case of refusal, the Civil Aviation Authority of Vietnam must reply in writing to the requester, clearly stating the reason.
- In case the application is incomplete, within 01 working day from the date of receipt of the application, the Civil Aviation Authority of Vietnam shall issue a written instruction to the applicant to complete the application as prescribed.
In which:
- Time limit for settlement: 03 working days from the date of receipt of complete dossiers as prescribed.
- Fee for registration of aircraft possession: VND 1,500,000/time.
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