Vietnam: New guidance on procedures for issuance of an air transport business license

According to Clause 7 Article 1 of Decree No. 89/2019/NĐ-CP of Vietnam’s Government, the applicant for an air transport business license or general aviation business license shall send 01 set of application to the Civil Aviation Authority of Vietnam, whether directly or by post or another appropriate manner and assume responsibility for accuracy and truthfulness of information included in such application.

Specifically, the application shall include:

- An application form, which is made using the Form No. 01 in the Appendix enclosed with Decree No. 92/2016/NĐ-CP of Vietnam’s Government;

- A report (enclosed with documentary evidences) on fulfillment of eligibility requirements for air transport business, which includes: a plan concerning number of aircraft to be operated; plan concerning the organizational machinery serving aircraft operation, air transport business, business plan and product development tactic; brand to be used; organizational structure of the enterprise;

- An original of the capital confirmation;

- Copies from the master register or copies presented together with their originals for comparison or certified true copies (if the application is submitted in person); certified true copies (if the application is submitted by post) of the following documents: appointment decision and employment contract, copy of the decree or professional certificate of the responsible person referred to in Article 7 of Decree No. 92/2016/NĐ-CP;

- The agreement in principle or agreement on aircraft purchase, lease-purchase or charter;

- The enterprise’s charter.

- List of members and shareholders at the date of submission of the application; the list shall contain the following information: full name; date of birth; nationality; registered permanent residence; current address; holding or number of shares; representatives of the stakes if the members and shareholders are organizations; agreement on capital contribution by members and shareholders (a copy confirmed by the enterprise or copy presented together with its original for comparison).

Procedures for receiving and processing documents:

- If the application is not satisfactory, within 03 working days from the receipt of that application, the Civil Aviation Authority of Vietnam shall send a written response to the applicant and provide guidance on improvement of the application as prescribed.

- Within 20 days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall send an evaluation report to the Ministry of Transport.

- Within 15 days from the receipt of the evaluation report, the Ministry of Transport shall consider and submit that report to the Prime Minister. In case of rejection of such evaluation report, a written response, expressing reasons therefor should be sent to the Civil Aviation Authority of Vietnam.

- Within 10 days from the receipt of the statement on evaluation results from the Ministry of Transport, the Prime Minister shall consider permitting the Ministry of Transport to grant the air transport business license or general aviation business license. In case of refusal to grant permission, the Prime Minister shall notify the Ministry of Transport and clearly state reasons therefor.

- Within 05 working days from the receipt of the Prime Minister’s written opinion, the Ministry of Transport shall grant the air transport business license or general aviation business license by using the Form No. 02 in the Appendix hereof or notify the Prime Minister’s opinion on refusal to grant the license.

View relevant provisions at Decree No. 89/2019/NĐ-CP of Vietnam’s Government, effective from January 01, 2020.

Thu Ba

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