Circular No. 21/2020/TT-BGTVT amending some Circulars on airway transportation

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Circular No. 21/2020/TT-BGTVT dated September 28, 2020 of the Ministry of Transport amending and supplementing a number of articles of the Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on airway transportation and general aviation operation, and the Circular No.14/2015/TT-BGTVT dated April 27, 2015 of the Minister of Transport on compensation for non-refundable advance of passenger transport by air and the Circular No.33/2016/TT-BGTVT dated November 25, 2016 of the Minister of Transport on operational and statistical report in Vietnam Civil Aviation
Issuing body: Ministry of TransportEffective date:
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Official number:21/2020/TT-BGTVTSigner:Le Anh Tuan
Type:CircularExpiry date:Updating
Issuing date:28/09/2020Effect status:
Known

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Fields:Transport

SUMMARY

To cancel procedure for grant of Vietnamese legal entity representative certificate for foreign airline

On September 28, 2020, the Ministry of Transport issues the Circular No. 21/2020/TT-BGTVT amending and supplementing a number of articles of the Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on airway transportation and general aviation operation, and the Circular No.14/2015/TT-BGTVT dated April 27, 2015 of the Minister of Transport on compensation for non-refundable advance of passenger transport by air and the Circular No.33/2016/TT-BGTVT dated November 25, 2016 of the Minister of Transport on operational and statistical report in Vietnam Civil Aviation.

Specifically, the Ministry of Transport decides to cancel the procedures for grant of the certificates of Vietnamese legal entity representative for foreign airlines.

Besides, instead of submitting interim reports within 24 hours, the Ministry stipulates that within 72 hours from the time of expected take off (in case of cancelled flights) or the time of actual take-off (in case of flights in which there are customers refused to transport or delayed flights) or irregularly at request of the Airport authority, airlines must be responsible for reporting to the Airport authority about compensating for non-refundable advance of flights.

In addition, regional flight management companies shall not have to report the actual time of departure and landing off of each flight of Vietnamese and foreign airlines in the airports (daily) according to the Form QLB-7 to the Airports Authority or representative of the Airports Authority at the corresponding airport: data from 00:00 to 23:59 (UTC hour) and report before 15:00 of the next day as in the previous regulations.

This Circular takes effect on November 15, 2020.

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Effect status: Known

THE MINISTRY OF TRANSPORT

_______

No. 21/2020/TT-BGTVT

THE SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom - Happiness
_____________

Hanoi, September 28, 2020

 

 

CIRCULAR

Amending and supplementing a number of articles of the Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on airway transportation and general aviation operation, and the Circular No.14/2015/TT-BGTVT dated April 27, 2015 of the Minister of Transport on compensation for non-refundable advance of passenger transport by air and the Circular No.33/2016/TT-BGTVT dated November 25, 2016 of the Minister of Transport on operational and statistical report in Vietnam Civil Aviation

_______________________

 

Pursuant to Law on Viet Nam Civil Aviation No. 66/2006/QH11 dated June 29, 2006 and Law on amending and supplementing a number of articles of the Law on Viet Nam Civil Aviation No. 61/2014/QH13 dated November 21, 2014;

Pursuant to the Government’s Decree No. 30/2013/ND-CP dated April 8, 2013 on airway transportation business and general aviation operation;

Pursuant to the Government’s Decree No. 66/2015/ND-CP dated August 12, 2015 on Aviation Authorities;

Pursuant to the Government’s Decree No. 92/2016/ND-CP dated July 1, 2016 on conditional business sectors in civil aviation;

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

Pursuant to the Government’s Decree No. 89/2019/ND dated November 15, 2019 on amending and supplementing a number of articles of the Government’s Decree No. 92/2016/ND-CP dated July 1, 2016 on conditional business sectors in civil aviation and the Decree No. 30/2013/ND-CP dated April 8, 2013 on airway transport business and general aviation operation;

At the request of the Director General of Department of Transport and the Director of Civil Aviation Authority of Viet Nam, the Minister of Transport hereby issues the Circular amending and supplementing a number of articles of the Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of Minister of Transport on Airway transportation and General aviation operation (hereinafter referred to as “the Circular No. 81/2014/TT-BGTVT dated December 30, 2014”), the Circular No. 14/2015/TT-BGTVT  dated April 27, 2015 of the Minister of Transport on compensation for non-refundable advance of passenger transport by air (hereinafter referred to as “the Circular No. 14/2015/TT-BGTVT   dated April 27, 2015”)  and the Circular No. 33/2016/TT-BGTVT dated November 25, 2016 of the Minister of Transport on Operational and statistical report in Viet Nam Civil Aviation (hereinafter referred to as “the Circular No. 33/2016/TT-BGTVT dated November 15, 2016”).

 

Article 1. Amending and supplementing a number of articles of the Circular No. 81/2014/TT-BGTVT dated December 30, 2014 as follows:

“1. To amend Point c and Point d, Clause 1 of Article 1 as follows:

c) The issuance, re-issuance, revocation of Licenses for the establishment of Representative offices and Booking offices of foreign airlines in Viet Nam;

d) The issuance or revocation of Certificates of registration for Secondary air waybill”;

2. To amend and supplement Article 3 as follows:

Article 3. Operational flight plan of enterprises engaged in airway transportation (hereinafter referred to as an airline) and Vietnamese enterprises engaged in general aviation business

1. Airlines and general aviation enterprises shall be responsible for developing their annual (from January 1 to December 31), medium-term (5 years), and long-term (10 years or more) operational plans for their aircraft fleets to carry out air transportation and general aviation activities in Viet Nam.

2. The operational plan for aircraft fleets of an airline or a general aviation enterprise must contain the following contents:

a) Forecasts about demand of domestic and international air transportation market, and each flight route that the airline intends to operate;

b) The projected flight route network; transportation volume and rotation (passengers, goods); load factor; the airline’s market share in the international and domestic markets and on each flight route;

c) The number by type of aircraft expected to operate the entire network; the type of aircraft expected to operate on each airline's route;

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