Latest procedures for grant of the right to air carriage in Vietnam Latest procedures for grant of the right to air carriage in Vietnam

Latest procedures for grant of the right to air carriage in Vietnam (Internet image) 

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

1. What is right to air carriage?

According to Clause 1, Article 112 of the Law on Vietnam Civil Aviation 2006, right to air carriage means the right to commercially operate air carriage under conditions on airlines, air routes, aircraft in operation, flights and subjects of carriage.

2. Latest procedures for grant of the right to air carriage in Vietnam 

Procedures for grant of the right to air carriage in Vietnam according to Article 113 of the Law on Vietnam Civil Aviation 2006 are as follows:

- Vietnamese airlines applying for the right to air carriage shall send dossiers to the Ministry of Transport. Such a dossier comprises:

+ An application for the right to air carriage;

+ The aircraft operator's certificate;

+ A report on proposed air routes and operation plan;

+ Documents certifying the legal person status and operation charter of the airline.

- Foreign airlines applying for the right to scheduled air carriage shall send dossiers to the Ministry of Transport. Such a dossier comprises:

+ Documents specified in Clause 1 of Article 113 of the Law on Vietnam Civil Aviation 2006;

+ A document issued by the state of the foreign airline designating, or certifying the designation of, such airline to have the right to operate air carriage in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

- The Ministry of Transport shall consider and decide whether or not to grant the right to scheduled air carriage within ten working days after the date of receipt of complete dossiers.

- An airline has its right to scheduled air carriage revoked in the following cases:

+ Seriously violating the provisions of law on assurance of aviation safety, aviation security and operation of air carriage;

+ Failing to start air carriage within twelve months after the date of grant of the right to air carriage;

+ Ceasing air carriage for twelve consecutive months;

+ As provided for by treaties to which the Socialist Republic of Vietnam is a contracting party.

- The right to non-scheduled air carriage shall be granted together with flight permits.

- Vietnamese airlines shall supply copies of cooperation contracts directly related to the right to air carriage and relevant documents to the Ministry of Transport for consideration and approval. The time limit for consideration and approval of contracts is seven working days, counting from the date of receipt of all of these documents.

3. Right to international air carriage in Vietnam

Right to international air carriage according to Article 114 of the Law on Vietnam Civil Aviation 2006 are as follows:

- International air carriage is carriage by air over the territories of more than one state.

The exchange of the right to air carriage between Vietnam and other states must ensure fairness and equality in the opportunity to operation and in the interests and obligations between Vietnamese and foreign airlines.

- The right to scheduled international air carriage to and from Vietnam shall be granted on the basis of market demand, the capability of airlines, the balanced development of flight route networks, on the basis of and in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

When Vietnam does not yet accede to a treaty on air carriage, the Minister of Transport may permit airlines to temporarily operate scheduled international air carriage to and from Vietnam.

- The right to non-scheduled international air carriage to and from Vietnam shall be granted on the basis of market demand without adversely affecting scheduled carriage.

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