Circular 13/2022/TT-BGTVT prescribing the cost frame for the aviation service operation franchise

CIRCULAR

Prescribing the cost frame for the aviation service operation franchise

^{______________}

Pursuant to the Vietnam Civil Aviation Law No. 66/2006/QH11 dated June 29, 2006 and the Law Amending and Supplementing a Number of Articles of the Vietnam Civil Aviation No. 61/2014/QH13 dated November 21, 2014;

Pursuant to the Law on Prices No. 11/2012/QH13 dated June 20, 2012;

Pursuant to the Government's Decree No. 177/2013/ND-CP dated November 14, 2013, , detailing and guiding a number of articles of the Law on Prices, and the Government's Decree No. 149/2016/ND-CP dated November 11, 2016, amending and supplementing a number of articles of the Government’s Decree No. 177/2013/ND-CP dated November 14, 2013, detailing and guiding a number of articles of the Law on Prices;

Pursuant to the Government’s Decree No. 05/2021/ND-CP dated January 25, 2021, on management and operation of airports and airfields;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Transportation Department and the Director of the Civil Aviation Authority of Vietnam;

The Minister of Transport hereby promulgates the Circular prescribing the cost frame for the aviation service operation franchise.

Article 1. Scope of regulation and subjects of application

1. This Circular prescribes the cost frame for the franchise of the aviation service operation rights at airports and airfields.

2. This Circular applies to:

a) Airport enterprises;

b) Aviation service enterprises in airports and airfields;

c) Other organizations and individuals involved in the franchise of aviation service operation rights at airports and airfields.

Article 2. Cost frame for the franchise of aviation service operation rights

1. Cost frame

2. Regulations on calculating the franchise cost

a) Franchise costs specified in Clause 1 of this Article are exclusive of value-added tax;

b) Franchise costs at the rates (%) specified from Section 1 to Section 5, Clause 1 of this Article shall be calculated on the turnover (exclusive of value-added tax) of the corresponding enterprise that participates in providing the service;

c) The turnover or output used for determining the franchise cost is exclusive of the turnover or output of companies providing services for their enterprises and subsidiaries providing services for their parent companies, in which the parent companies hold 100% of charter capital of their subsidiaries.

3. Airport enterprises and aviation service enterprises in airports and airfields shall negotiate the service cost within the cost frame provided in Clause 1 of this Article.

Article 3. Implementation organization

1. This Circular takes effect on September 01, 2022.

2. Chief of the Ministry Office, Chief inspectors of ministries, Directors and the Director of the Civil Aviation Authority of Vietnam, and heads of relevant agencies, organizations, and individuals shall implement this Circular./.