Conditions for grant of air carriage business licenses in Vietnam

Specifically, according to Clause 24 Article 1 of the Law on Vietnam Civil Aviation amended in 2014 supplementing Clause 4a following Clause 4 of Article 110 of Law on Vietnam Civil Aviation 2006, regulation on conditions for grant of air carriage business licenses is specified as follows:

- An enterprise may be granted an air carriage business license when fully meeting the following conditions:

+ Having a business registration certificate showing that the major business line is air carriage;

+ Having a plan on assurance of the availability of aircraft for operation;

+ Having an organizational apparatus, employees who have appropriate permits and certificates and are capable of operating aircraft and dealing in air carriage;

+ Meeting capital conditions as stipulated by the Government;

+ Having a business plan and a strategy on development of air carriage products in accordance with market demands and aviation sector development plannings and orientations;

+ Having a head office and principal place of business in Vietnam.

- A foreign-invested enterprise may be granted an air carriage business license when fully meeting the conditions specified in Clause 1 of this Article and the following conditions:

+ The foreign party's capital contribution proportion complies with regulations of the Government;

+ The enterprise's representative by law is a Vietnamese citizen and foreigners account for not more than one third of the total number of members of its executive apparatus.

- The Minister of Transport shall grant air carriage business licenses after obtaining permission of the Prime Minister.

- Enterprises applying for air carriage business licenses shall pay a fee.

- Enterprises obtaining air carriage business licenses have the following obligations:

+ To publicly announce contents of their licenses;

+ To operate for proper purposes and contents and under conditions stated in their licenses;

+ To maintain the prescribed conditions for grant of air carriage business licenses and aircraft operator certificates;

+ To maintain the quality of air carriage services under regulations of the Ministry of Transport;

+ To comply with the civil aviation law and other relevant laws.

- The Government shall specify conditions, order and procedures for the grant of air carriage business licenses.

View more: Law on Vietnam Civil Aviation amended in 2014 effective from July 01, 2015, amending the Law on Vietnam Civil Aviation 2006.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE