Vietnam: Who will be issued an AEP code? What are the current procedures for issuing AEP codes in the aviation sector?
What is AEP? Who will be issued an AEP code in Vietnam?
In Clause 6, Article 3 of Decree 68/2015/ND-CP, the definition of the AEP code is as follows:
Authority Entry Point Code (AEP Code) means a code that is issued according to provisions of the Cape Town Convention serving the registration or deregistration of international interests of aircraft.
Thus, the AEP code is a code issued to serve the registration or deregistration of international interests of aircraft based on the Convention about international interests of mobile equipment and a Protocol about specific issues of aircraft (Cape Town Convention).
Pursuant to Clause 1, Article 22 of Decree No. 68/2015/ND-CP (some phrases have been replaced by Point b, Clause 17, Article 1 of Decree 64/2022/ND-CP) as follows:
Procedures for issuance of AEP Code
1. Any person eligible for international interests towards Vietnamese nationality aircraft who applies for the AEP Code shall submit the application directly or by post or online or other methods to the Civil Aviation Authority of Vietnam and shall be responsible for the accuracy and honesty of information in the application.
Thus, according to the above regulations, the subjects that are issued AEP codes are organizations and individuals eligible for international interests towards Vietnamese nationality aircraft after submitting applications.
What are the procedures for issuing AEP codes in the aviation sector in Vietnam?
Pursuant to the provisions of subsection 11, Section A, Part II of the Administrative Procedures promulgated together with Decision 1204/QD-BGTVT in 2022, the procedures for issuing AEP codes in the aviation sector in Vietnam shall be carried out as follows:
- Submit the application:
The applicant shall send the application directly, via the postal system or online, or by other methods to the Civil Aviation Administration of Vietnam and shall be responsible for the truthfulness, and accuracy of the information on the application.
- Settle administrative procedures:
+ Within 03 working days from the date of receipt of a complete application as prescribed, the Civil Aviation Administration of Vietnam shall issue an AEP code and return 01 declaration to the applicant; in case of refusal, the Civil Aviation Administration of Vietnam must reply to the applicant in writing 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 Administration of Vietnam shall instruct the applicant to complete the application according to regulations.
- Implementation method:
+ Send directly;
+ By post; or
+ In the electronic environment; or
+ Other suitable methods.
- The time limit for settlement: within 03 working days from the date of receipt of a complete application as prescribed.
- Agencies carrying out administrative procedures:
+ Competent agency to decide: Civil Aviation Administration of Vietnam.
+ Authorized or decentralized authority or person: None
+ Agency directly carrying out administrative procedures: Civil Aviation Administration of Vietnam.
+ Coordinating Agency: None
- Results of administrative procedures: AEP code
- Fees and charges:
Fee for issuing an AEP code to use the database of secured transactions related to international interests for Vietnamese nationality aircraft (AEP code): is VND 10,000,000/time.
What does the application for issuing an AEP code in Vietnam include?
Pursuant to Clause 11.3, Subsection 11, Section A, Part II Administrative Procedures promulgated together with Decision 1204/QD-BGTVT in 2022, the application for issuing an AEP code in Vietnam includes:
- 02 application form for issuance of AEP code;
- A copy from the original book or a certified copy or a photocopy from the original or a copy presented to the original for comparison or an electronic copy from the original book or a certified electronic copy from the original document proving the legal status of the applicant for an AEP code in case the applicant is a Vietnamese organization or individual.
In case papers and documents proving the legal status of the AEP code applicant are issued by a competent foreign agency, these papers and documents must be consular legalized in accordance with the law, except for cases of consular legalization exemption under treaties to which the Socialist Republic of Vietnam is a member pellet or on the principle of reciprocity.
- A copy enclosed with the original for comparison or a copy made by the agency, organization, or individual itself or an electronic copy from the original book or a certified electronic copy from the original legal document proving the international interests for the aircraft of the applicant.
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