What are the conditions for registration of Vietnamese nationality of aircrafts? - Minh Tan (Binh Thuan)
Conditions for registration of Vietnamese nationality of aircrafts (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Clause 2 of Article 4 of Decree 68/2015/ND-CP (amended in Decree 64/2022/ND-CP), conditions for registration of Vietnamese nationality include:
- The aircraft did not take any nationality or have nationality de-registered;
- There are legal documents proving the right to ownership of the aircraft or the right to possession of the aircraft (in case of lease-purchase or lease of aircrafts);
- Upon registration of nationality for the first time, the used aircraft shall satisfy requirements on service life of used aircrafts at the time such aircraft is imported into Vietnam as prescribed by law.
- The aircraft satisfy conditions/requirements on national defense and security, aviation safety, aviation security and environment protection according to law provisions.
According to Article 5 of Decree 68/2015/ND-CP (amended in Decree 64/2022/ND-CP), procedures for registration of Vietnamese nationality of aircraft as follows:
- Any person wishing to register for Vietnamese nationality of an aircraft shall submit the application directly or by post or other means to the Civil Aviation Authority of Vietnam and shall be responsible for the accuracy and honesty of information in the application.
- An application for registration of Vietnamese nationality of an aircraft shall include:
+ An application form according to Form No. 01 in Appendix enclosed with this Decree;
+ Certified true copies (or copies enclosed with the original copies for comparison) of documents proving the legal status of the applicant;
+ Certified true copies (or copies enclosed with the original copies for comparison) of legal documents proving the ownership towards the aircraft;
+ A certified true copy (or a copy enclosed with the original copy for comparison) of the Certificate of non-registration issued by manufacturer country or the Certificate of deregistration issued by the country in which the aircraft is granted registration;
+ Certified true copies (or copies enclosed with the original copies for comparison) of documents about technical conditions of the aircraft, including: the unexpired Certificate of eligibility for export (applicable to aircrafts produced in foreign countries); unexpired written certificate of the manufacturer about conformance with design and production conditions (applicable to aircrafts that have just been shipped); a full record of the conformance with instructions or technical notification performed on the aircraft; a full record of technical conditions of the aircraft, engine and other devices;
+ A certified true copy (or a copy enclosed with the original copy for comparison) of the purchase contract of the aircraft or the lease contract or lease-purchase contract of the aircraft.
- Documents in foreign languages shall undergo consular legalization according to law provisions on consular certification and consular legalization.
- Within five (05) working days from the day on which the satisfactory application is received, the Civil Aviation Authority of Vietnam shall issue the Certificate of registration of Vietnamese nationality of aircrafts according to the Form No. 04 in Appendix enclosed with this Decree; if the application is rejected, the Civil Aviation Authority of Vietnam shall send the applicant a written response containing explanation.
If the application is not satisfactory, within two (02) working days from the day on which the application is received, the Civil Aviation Authority of Vietnam shall issue a guiding documents for completion according to regulations.
- The applicant for registration of Vietnamese nationality of aircrafts shall pay fees according to laws.
Ho Quoc Tuan
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