To replace a number of appendices on general air transport and aviation activities in Vietnam

To replace a number of appendices on general air transport and aviation activities in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On September 29, 2023, the Minister of Transport issued Circular 28/2023/TT-BGTVT, amending and supplementing a number of articles of Circulars in the field of civil aviation.

To replace a number of appendices on air transport and general aviation activities in Vietnam

Specifically, replace some appendices on air transport and general aviation activities in Circular 81/2014/TT-BGTVT as follows:

(1) Replace Appendix III issued with Circular 81/2014/TT-BGTVT with Appendix II issued with Circular 28/2023/TT-BGTVT.

(2) Replace Appendix IV, Appendix VI, and Appendix VII issued with Circular 81/2014/TT-BGTVT (which has been replaced by Appendix I, Appendix II, and Appendix III issued together with Circular 21/2020/TT-BGTVT amending Circular 81/2014/TT-BGTVT, Circular 14/2015/TT-BGTVT, and Circular 33/2016/TT-BGTVT) corresponding to Appendix III, Appendix IV, and Appendix V issued with Circular 28/2023/TT-BGTVT.

(3) Replace Appendix IX, Appendix X issued with Circular 81/2014/TT-BGTVT (which has been replaced by Appendix I, Appendix II issued together with Circular 19/2023/TT-BGTVT amending, supplementing, and abolishing a number of articles of Circulars related to air transport) corresponding to Appendix VI and Appendix VII issued with Circular 28/2023/TT-BGTVT.

(4) Replace Appendix XIV of Circular 81/2014/TT-BGTVT (which has been replaced by Appendix III issued with Circular 19/2023/TT-BGTVT) with Appendix VIII issued with Circular 28/2023/TT-BGTVT.

03 Basis for grant of freedoms of the air in Vietnam

Specifically, Article 17 of Circular 81/2014/TT-BGTVT stipulates the basis for granting air transport rights as follows:

(1) Market demand:

- The freedoms of the air on a new flight route which has yet to be used by any airline shall be granted upon request of the airline wishing to use that flight route;

- The freedoms of the air on an operating flight route shall be granted upon the operation of this flight route at the time of application.

(2) Airlines’ capacity:

- Financial ability, flight crews and human resources;

- The feasibility of the operational flight plan at the time of application.

(3) Balance between the fight network and economic development:

- The capacity of facilities of airports;

- Flight route sustainable development;

- The balance of air transport between different regions with the consideration of socio-economic development in disadvantaged areas, remote and isolated areas, the actual operation of airports and essential flight routes;

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

Procedures for granting freedoms of the air in Vietnam

Procedures for granting freedoms of the air are specified in Article 16 of Circular 81/2014/TT-BGTVT specifically as follows:

(1) Every airline wishing to be grant the freedoms of the air 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. Documents required in an application:

- An application form made by using Annex XI attached hereto;

- A copy of the aircraft’s operator certificate;

- Reports on expected flight plan and flight routes; and

- Copies of documents certifying the airline’s judicial status and its charter.

(2) A foreign airline wishing to be granted the freedoms of the air shall, in addition to documents specified in (1), submit the following documents: A document or written confirmation conferring the freedoms of the airs 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 the complete application, the Civil Aviation Authority of Vietnam shall examine, verify the application and grant the freedoms of the air. In case of rejection, the Civil Aviation Authority of Vietnam shall specify reasons for rejection in writing.

If an application is incomplete, the Civil Aviation Authority of Vietnam shall request the applicant to complete his/her 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.

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