Decree No. 89/2019/ND-CP amending the Decree No. 92/2016/ND-CP

  • Summary
  • Content
  • Status
  • Vietnamese
  • Download
Save

Please log in to use this function

Send link to email

Please log in to use this function

Error message
Font size:

ATTRIBUTE

Decree No. 89/2019/ND-CP dated November 15, 2019 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 92/2016/ND-CP of July 01, 2016, providing conditional business sectors and trades in the field of civil aviation, and the Government’s Decree No. 30/2013/ND-CP of April 08, 2013, on air carriage business and general aviation activities
Issuing body: Government Effective date:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Official number: 89/2019/ND-CP Signer: Nguyen Xuan Phuc
Type: Decree Expiry date: Updating
Issuing date: 15/11/2019 Effect status:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Fields: Transport

SUMMARY

To amend minimum capital required for establishment and maintenance of an airline

On November 15, 2019, the Government issues the Decree No. 89/2019/ND-CP amending and supplementing a number of Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 prescribing the conditional business lines in civil aviation and the Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transportation and general air operation.

Accordingly, the minimum capital required for establishment and maintenance of an airline  with regard to an airline operating up to 10 airplanes, shall be VND 300 billion; With regard to an airline operating from 11 to 30 airplanes, shall be VND 600 billion; With regard to an airline operating up to 30 airplanes shall be VND 700 billion.

Within 20 working days after receiving a valid set of dossiers, the Civil Aviation Authority of Vietnam shall submit a written assessment report to the Ministry of Transport instead of 30 days as before. Besides this Decree also eliminate the regulation that the enterprises must upload content of the permission on to public press for consecutive 03 issues as before.

This Decree takes effect on January 01, 2020.
For more details, click here.
Download files here.
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known

THEGOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 89/2019/ND-CP

 

Hanoi, November 15, 2019

 

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 92/2016/ND-CP of July 1, 2016, providing conditional business sectors and trades in the field of civil aviation, and the Government’s Decree No. 30/2013/ND-CP of April 8, 2013, on air carriage business and general aviation activities[1]

 

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 29, 2006 Law on Vietnam Civil Aviation and the November 21, 2014 Law Amending and  Supplementing a Number of Articles of Law on Vietnam Civil Aviation;

Pursuant to the November 26, 2014 Law on Investment and the November 22, 2016 Law Amending and Supplementing Article 6 of and Appendix 4 to the Law on Investment regarding the list of sectors and trades subject to conditional business investment;

At the proposal of the Minister of Transport;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 92/2016/ND-CP of July 1, 2016, providing conditional business sectors and trades in the field of civil aviation, and the Government’s Decree No. 30/2013/ ND-CP of April 8, 2013, on air carriage business and general aviation activities.

Article 1.To amend and supplement a number of articles of the Government’s Decree No. 92/2016/ND-CP of July 1, 2016, providing conditional business sectors and trades in the field of civil aviation, as follows:

1. To amend and supplement Point c, Clause 1, Article 4 as follows:

“c/ Enterprises currently operating in conditional business sectors or trades in the field of civil aviation that wish to increase or reduce their capital to meet the requirements on capital upon expansion or narrowing of their business activities, addition or reduction of conditional business sectors or trades as provided in this Decree may use their financial statements of the year preceding the time of request which have been audited with unqualified opinion or bank guarantee documents as capital confirmation documents or audited capital change reports at the time of request.”

2. To amend and supplement Article 5 as follows:

“Article 5. Conditions for air transport business

1. The conditions on plans to ensure availability of aircraft for operation; organizational apparatus, capital, business plan and product development strategy as prescribed in Articles 6, 7, 8 and 9 of this Decree.

2. The provisions of this Chapter do not apply to the provision of professional training and coaching to crew members and coaches.”

3. To amend and supplement Article 6 as follows:

“Article 6. Condition on plans to ensure availability of aircraft for operation

1. A plan to ensure availability of aircraft for operation must have the following contents:

a/ Number, type and age of aircraft;

b/ Form of possession;

c/ Aircraft operation and maintenance plan and human resources for aircraft operation and maintenance;

2. The minimum number of aircraft required throughout the process of air transport business is 3, for air carriage, or 1, for general aviation business.”

4. To amend and supplement Article 7 as follows:

“Article 7. Conditions on organizational apparatus

1. Having an organizational apparatus to operate the safety and security management system and carry out aircraft operation and maintenance, flight training and ground services.

2. Persons appointed to take charge of the safety and security management system, aircraft operation and maintenance or flight training must have at least 3 years’ experience in continuous work in the field to which they are appointed and possess certificates or degrees issued or recognized in accordance with the law on civil aviation.

3. For foreign-invested enterprises, the number of foreign members must not exceed one-third of total number of members of the executive apparatus, which is composed of:

a/ Director General (Director), Deputy Directors General (Deputy Directors);

b/ Chief Accountant;

c/ Persons in charge of the safety management system; aircraft operation; aircraft maintenance; flight crew training; and holders of equivalent positions determined based on the organizational apparatus of enterprises.”

5. To amend and supplement Article 8 as follows:

“Article 8. Conditions on capital

1. The minimum capital (including equity and loans) required for establishment and maintenance of an air carriage enterprise must be:

a/ VND 300 billion, in case of operation of up to 10 aircraft;

b/ VND 600 billion, in case of operation of between 11 and 30 aircraft;

c/ VND 700 billion, in case of operation over 30 aircraft.

2. The minimum capital required for establishment and maintenance of a general aviation enterprise must be VND 100 billion.

3. A foreign-invested air transport enterprise must meet the following conditions:

a/ Foreign investors’ capital holding rate must not exceed 34% of charter capital;

b/ The biggest share of charter capital must be held by at least one Vietnamese individual or legal person;

c/ In case a foreign-invested Vietnamese legal person contributes capital to the enterprise, the foreign holding rate must not exceed 49% of charter capital of such legal person.”

6. To amend Article 9 as follows:

“Article 9. Business plan and developmental strategy

Business plan and developmental strategy of an enterprise must have the following contents:

1. Evaluation of demand and development trend of the market.

2. Evaluation of actual state and competitiveness of services provided in the market.

3. Strategy for development of air carriage products and aircraft fleet and business development plan for the first 5 years from the date of operation commencement.”

7. To amend and supplement Article 10 as follows:

“Article 10. Procedures for grant of a license for air carriage business or general aviation business

1. An applicant for an air carriage business license or a general aviation business license shall send 1 application dossier directly or by post or by other appropriate modes to the Civil Aviation Authority of Vietnam and take responsibility for the accuracy and truthfulness of information provided in the dossier.

2. An application dossier must comprise:

a/ An application for a license, made according to Form No. 1 provided in the Appendix to this Decree;

b/ A report (enclosed with evidencing documents) on satisfaction of the conditions for air carriage business, including a plan on the number of aircraft to be put into operation; plan on organizational apparatus for aircraft operation, air transport business, business plan and product development strategy; to-be-used brand name; and organizational chart of the enterprise;

c/ The original capital confirmation document;

d/ Duplicates or copies enclosed with their originals for checking or certified copies (for case of direct dossier submission); or certified copies (for case of sending of dossier by post) of appointment decisions and employment contracts, and copies of degrees and certificates of the persons specified in Article 7 of this Decree;

dd/ In-principle contracts or agreements on purchase, hire-purchase or charter of aircraft;

e/ A copy of the enterprise’s charter;

g/ A list of members and shareholders at the time of dossier submission, which must have the following information: full name, date of birth, citizenship, place of permanent residence registration; current place of residence; capital contribution portion or shareholding rate; persons representing and managing institutional members’ or shareholders’ capital contribution portions; capital contribution agreements of shareholders and members (copies certified by the enterprise or copies enclosed with their originals for checking).

3. If such a dossier is invalid, within 3 working days after receiving it, the Civil Aviation Authority of Vietnam shall issue a reply to the applicant and guide the latter to complete it under regulations.

4. Within 20 days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall report dossier appraisal results to the Ministry of Transport.

5. Within 15 working days after receiving dossier appraisal results from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall consider and submit a report thereon to the Prime Minister. In case the Ministry of Transport disapproves appraisal results, it shall issue a written reply to the Civil Aviation Authority of Vietnam, clearly stating the reason.

6. Within 10 days after receiving of the Ministry of Transport’s report, the Prime Minister shall consider and empower the Ministry of Transport to grant an air carriage business license or a general aviation business license. In case of refusal to grant such a license, the Prime Minister shall notify such to the Ministry of Transport, clearly stating the reason.

7. Within 5 working days after receiving the Prime Minister’s written opinion, the Ministry of Transport shall grant an air carriage business license or a general aviation business license according to Form No. 2 provided in the Appendix to this Decree or notify the Prime Minister’s refusal to grant such a license.”

8. To amend Article 11 as follows:

“Article 11. Procedures for re-grant of an air carriage business license or a general aviation business license

1. An air carriage business license or a general aviation business license may be re-granted if it is lost, torn or damaged or has its contents modified or when it is revoked due to failure to meet the conditions prescribed at Points a, c, d and dd, Clause 1, Article 12 of this Decree

2. An air transport enterprise shall submit 1 dossier of request for re-grant of license directly or by post or other appropriate modes to the Civil Aviation Authority of Vietnam and take responsibility for the accuracy and truthfulness of information provided in the dossier.

3. In case of re-grant of a license due to modification of its contents:

a/ A dossier must comprise a written request for re-grant of the license, made according to Form No. 01 provided in the Appendix to this Decree, and documents relevant to license modifications (if any);

b/ Within 15 days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall report the dossier appraisal result to the Ministry of Transport;

c/ Within 3 working days after receiving an appraisal report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall re-grant the license according to Form No. 02 provided in the Appendix to this Decree. In case of refusal to re-grant the license, the Ministry of Transport shall send a notice to the Civil Aviation Authority of Vietnam for the latter to issue a written reply to the applicant, clearly stating the reason.

4. In case of re-grant of a license which is lost, torn or damaged:

a/ A dossier must comprise a written request for re-grant of the license, made according to Form No. 01 provided in the Appendix to this Decree;

b/ Within 3 working days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall send a report thereon to the Ministry of Transport;

c/ Within 2 working days after receiving a report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall consider re-granting the license according to Form No. 02 provided in the Appendix to this Decree. In case of refusal to re-grant the license, the Ministry of Transport shall send a notice to the Civil Aviation Authority of Vietnam for the latter to issue a reply to the applicant, clearly stating the reason.

5. In case of re-grant of a license which is revoked:

a/ A dossier must comprise the documents specified at Points a, b, c, d, dd, and g, Clause 2, Article 10 of this Decree;

b/ In case the dossier is invalid, within 3 working days after receiving it, the Civil Aviation Authority of Vietnam shall issue a reply to the applicant and guide the latter to complete the dossier under regulations;

c/ Within 15 days after receiving a complete dossier, the Civil Aviation Authority of Vietnam shall send a report on dossier appraisal results to the Ministry of Transport;

d/ Within 3 working days after receiving an appraisal report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall re-grant the license according to Form No. 02 provided in the Appendix to this Decree. In case of refusal to re-grant the license, the Ministry of Transport shall send a notice to the Civil Aviation Authority of Vietnam for the latter to issue a reply to the applicant, clearly stating the reason.

6. A re-granted license must contain a provision prescribing the revocation of the lost, torn, damaged or modified license or revoked license.”

9. To amend and supplement Article 12 as follows:

“Article 12. Revocation of air carriage business and general aviation business licenses

1. An air carriage business license or a general aviation business license shall be revoked in the following cases:

a/ Failure to maintain the required minimum capital for 3 consecutive years;

b/ Intentionally falsification of information n the license application dossier;

c/ Cessation of provision of air transport services for 36 consecutive months;

d/ Refusal to grant an air operator certificate within 36 months after grant of the license;

dd/ Revocation or cancellation of the air operator certificate without re-grant after 36 months;

e/ Operation for improper purposes or at variance with license contents;

g/ Serious violation of regulations on security and national defense;

h/ Serious violation of regulations on aviation security and safety, organization of executive apparatus, aviation carriage and general aviation operation;

i/ Operation termination in accordance with law or at the request of the air transport enterprise;

k/ Unsatisfication of the law-prescribed conditions for grant of a license.

2. In case a license is revoked, the Ministry of Transport shall issue a decision on revocation of the license and the concerned enterprise shall immediately terminate its air transport business.”

10. To add Article 12a as follows:

“Article 12a. Changes that must be notified by enterprises

An air transport enterprise shall send a notice to the Civil Aviation Authority of Vietnam within 30 days after occurrence of one of the following events:

1. Modification of its operation charter or conditions of carriage;

2. Written certification of modification of enterprise registration contents upon occurrence of any change in enterprise registration;

3. Change in the organizational apparatus under Article 7 of this Decree;

4. Alteration of members of the executive apparatus;

5. Alteration of shareholders that hold 5% or more of its charter capital.”

11. To add Article 12b as follows:

“Article 12b. Management of air transport business

1. An air transport enterprise may carry out air transport business when it complies with the regulations on aircraft operators issued by the Minister of Transport.

2. The number of wet-leased aircraft of an air transport enterprise must:

a/ Account for no more than 30% of the enterprise’s aircraft fleet; and,

b/ Not exceed 10.”

12. To add Article 12c as follows:

“Article 12c. Measures to manage air carriage rights

1. Airlines that have been granted air carriage rights shall comply with confirmed flight schedules and takeoff and landing time.

2. The Civil Aviation Authority of Vietnam shall take measures to ensure airlines’ compliance with confirmed flight schedules and takeoff and landing time.

13. To add Article 12d as follows:

“Article 12d. Management of aircraft imported into Vietnam

1. The age of used aircraft imported into Vietnam is prescribed as follows:

a/ For passenger aircraft: not exceeding 10 years, counted from the date of release from factory to the time of import into Vietnam under the purchase or lease-purchase contract; and not exceeding 20 years from the date of release from factory to the time of expiration of the lease contract, or 25 years, for helicopters;

b/ For aircraft for carriage of cargoes, postal items and parcels or for general aviation business: not exceeding 15 years, counted from the date of release from factory to the time of import into Vietnam under the purchase or lease-purchase contract; and not exceeding 25 years from the date of release from factory to the time of expiration of the lease contract;

c/ For aircraft other than those specified at Point a or b of this Clause: not exceeding 20 years, counted from the date of release from factory to the time of import into Vietnam under the purchase or lease-purchase contract; and not exceeding 30 years from the date of release from factory to the time of expiration of the lease contract.

2. Aircraft imported into Vietnam must be aircraft of types which have been granted type certificates by the US Federal Aviation Administration (FAA), European Union Aviation Safety Agency (EASA) or Civil Aviation Authority of Vietnam.”

14. To amend and supplement Article 14 as follows:

“Article 14. Conditions for grant of an airport business license

1. Having documents evidencing the satisfaction of conditions on assurance of aviation security and safety prescribed in Clause 2, Article 63 of the Law on Vietnam Civil Aviation and Annex 14 to the Convention on International Civil Aviation.

2. Meeting the following conditions on capital:

a/ The minimum level of capital required for establishment and maintenance of an airport enterprise is VND 100 billion;

b/ The foreign holding rate must not exceed 30% of charter capital.”

15. To amend and supplement Article 16 as follows:

“Article 16. Conditions for grant of a license for provision of aviation services at airports and aerodromes

1. Meeting the conditions prescribed at Point b and d, Clause 2, Article 65 of the Law on Vietnam Civil Aviation and being appraised and evaluated by the Civil Aviation Authority of Vietnam on the basis of relevant sub-sectors prescribed in Clause 1, Article 15 of this Decree.

2. Minimum level of capital for establishment and maintenance of an enterprise providing aviation services at an airport or aerodrome:

a/ VND 30 billion, for the provision of passenger terminal operation service;

b/ VND 30 billion, for the provision of cargo terminal and warehouse operation service;

c/ VND 30 billion, for the provision of aviation fuel supply service.

3. For an enterprise providing passenger terminal operation, cargo terminal operation, aviation fuel supply, ground technical-commercial, or airfield operation service, the foreign holding rate must not exceed 30% of charter capital.”

16. To amend and supplement Article 18 as follows:

“Article 18. Procedures for grant of licenses for provision of aviation services at airports and aerodromes

1. An applicant for a license for provision of aviation services at an airport or aerodrome shall send 1 set of dossier directly or by post or by another appropriate mode to the Civil Aviation Authority of Vietnam and take responsibility for the accuracy and truthfulness of information provided in the dossier. Such a dossier must comprise:

a/ An application for a license, made according to Form No. 03 provided in the Appendix to this Decree;

b/ The original capital confirmation document;

c/ Documents explaining the assurance of aviation safety and security as specified in Clause 1, Article 16 of this Decree.

2. Within 12 days after receiving a complete dossier of application for a license for provision of aviation services at an airport or aerodrome as prescribed, the Civil Aviation Authority of Vietnam shall grant a license, made according to Form No. 04 provided in the Appendix to this Decree. In case of refusal, it shall issue a written reply to the applicant, clearly stating the reason.

In case of an invalid dossier, within 3 working days after receiving it, the Civil Aviation Authority of Vietnam shall reply in writing to the applicant, guiding the latter to complete the dossier as prescribed.

3. The Civil Aviation Authority of Vietnam shall notify the grant of a license to the concerned airport authority for inspection and supervision.”

17. To amend and supplement Article 21 as follows:

“Article 21.Conditions for provision of aircraft, aircraft propeller and aircraft equipment maintenance services in Vietnam

1. An organization providing aircraft, aircraft propeller and aircraft equipment maintenance services in Vietnam must obtain a certificate of approval of  maintenance organization issued by the Civil Aviation Authority of Vietnam.

2. Conditions for grant of a certificate of approval of maintenance organization: Having documents explaining the provision of maintenance services as prescribed by the Minister of Transport;

3. This Article applies only to cases of maintenance of aircraft and aircraft propellers and aircraft equipment in Vietnam for aircraft registered to bear Vietnamese nationality.”

18. To amend and supplement Article 22 as follows:

“Article 22. Conditions of an establishment designing, producing or testing aircraft and aircraft engines, propellers and equipment in Vietnam

1. An establishment designing, manufacturing or testing aircraft and aircraft engines, propellers and equipment in Vietnam must obtain a certificate of approval of aircraft and aircraft engine, propeller and equipment design, production or testing organization issued by the Civil Aviation Authority of Vietnam.

2. Conditions for grant of a certificate of approval of aircraft and aircraft engine, propeller and equipment design, production or testing organization in Vietnam specified in Clause 1 of this Article:

a/ Having documents explaining the organization of design, production or testing of aircraft and aircraft engines, propellers and equipment in Vietnam and proving the capacity of the establishment;

b/ Having manufacture, design, production, maintenance and testing processes.

3. This Article applies only to cases of design, production or testing of aircraft and aircraft engines, propellers and equipment in Vietnam according to type certificates granted by the Civil Aviation Authority of Vietnam.”

 

19. To amend and supplement Article 23 as follows:

“Article 23. Conditions for provision of air navigation services

1. Being granted a license for operation of air navigation facilities and technical systems and equipment by the Civil Aviation Authority of Vietnam when meeting requirements on technical systems and equipment and having an operation process up to specialized technical regulations and standards of the civil aviation industry.

2. Satisfying the following capital conditions:

a/ Being a wholly state-owned enterprise, in case of providing air traffic, aeronautical information or search and rescue services;

b/ Having the state capital portion accounting for at least 65% of its charter capital and a foreign holding rate not exceeding 30% of its charter capital, for an enterprise providing communications, navigation and surveillance services or aviation meteorological service.”

20. To amend and supplement Article 25 as follows:

“Article 25. Requirements for professional aviation personnel training establishments

Professional aviation personnel training establishments must meet the following requirements:

1. Having documents explaining their physical foundations’ satisfaction of specialized technical regulations and standards of the civil aviation industry as prescribed by the Minister of Transport.

2. Having documents explaining their training programs, textbooks and training materials as prescribed by the Minister of Transport.

3. Having sufficient theory and practice teachers to ensure each aviation study subject has at least 1 teacher.”

21. To amend and supplement Article 26 as follows:

“Article 26. Teachers of aviation personnel training establishments       

An aviation teacher must meet one of the following requirements:

1. Possessing a professional certificate prescribed in relevant legal documents on aviation or at least 5 years’ working experience in the professional field(s) relevant to the subject(s) he/she teaches.

2. Possessing pedagogical skills as prescribed in the law on education or vocational education.”

22. To amend and supplement Article 27 as follows:

“Article 27. Procedures for grant of certificates of qualification for provision of professional training for aviation personnel

1. An aviation personnel training establishment shall send 1 set of dossier directly or by post or another appropriate mode to the Civil Aviation Authority of Vietnam. Such a dossier must comprise:

a/ An application for a certificate of qualification for provision of professional training for aviation personnel, made according to Form No. 05 provided in the Appendix to this Decree;

b/ Documents explaining the provision of aviation personnel training’s satisfaction of the requirements specified in Articles 25 and 26 of this Decree.

2. Contents of documents explaining the provision of aviation personnel training:

a/ A list of teachers and their CVs;

b/ A report on physical foundations: classrooms, equipment, facilities or places for practice suitable to training contents;

c/ A report on theoretical and practical training programs, textbooks and materials related to different study subjects;

d/ A report on the organizational system, apparatus and managerial officers and the system of documents on management of aviation personnel training.

3. Within 25 days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall examine the dossier and conduct physical inspection and appraisal of the training establishment; request the applicant to additionally explain related contents or modify documents in the dossier; and grant a certificate of qualification for provision of professional training for aviation personnel to the training establishment, made according to Form No. 07 provided in the Appendix to this Decree. In case of refusal to grant a certificate, it shall clearly state the reason.”

23. To amend and supplement Clause 4, Article 28 as follows:

“4. For a certificate with its contents modified or supplemented: Within 15 days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall examine the dossier and conduct physical inspection and evaluation of the establishment, ask the requester to additionally explain related contents, and re-grant the certificate or notify in writing its refusal to re-grant the certificate, clearly stating the reason.”

24. To amend Forms No. 05, 06 and 07 promulgated together with Decree No 92/2016/ND-CP in the Appendix to this Decree.

Article 2.To amend and supplement a number of articles of the Government’s Decree No. 30/2013/ND-CP of April 8, 2013, on air carriage business and general aviation activities as follows:

1. To amend and supplement Article 22 as follows:

“Article 22. Dossiers of application for certificates of registration of non-commercial general aviation activities

1. An applicant for a certificate of registration of non-commercial general aviation activities shall send 1 set of dossier directly or by post or by another appropriate mode to the Civil Aviation Authority of Vietnam.

2. A dossier of application must comprise:

a/ An application for a certificate of registration of non-commercial general aviation activities, made according to Form No. 06 or No. 10 provided in the Appendix to this Decree, in case of re-grant; 

b/ A duplicate or a copy enclosed with the original for comparison or a certified copy (in case of direct submission) or a certified copy (in case of submission by post) of the establishment license, operation license or enterprise registration certificate (for institutional applicants); or people’s identity card or citizen identity card or passport (for individual applicants);

c/ A duplicate or a copy enclosed with the original for comparison or a certified copy (in case of direct submission) or a certified copy (in case of submission by post) of the permit for residence in Vietnam (for applicants being foreign citizens residing in Vietnam) or the license to set up a Vietnam-based representative office or branch (for applicants being representative offices or branches of foreign organizations);

d/ Duplicates or copies enclosed with the originals for comparison or  certified copies (in case of direct submission) or certified copies (in case of submission by post) of the certificates of aircraft nationality registration and certificates of airworthiness of aircraft;

dd/ The original aircraft operation and maintenance plan;

e/ Duplicates or copies enclosed with the originals for comparison or certified copies (in case of direct submission) or certified copies (in case of submission by post) of relevant licenses and conformity certificates of flight crew members;

g/ A duplicate or a copy enclosed with the original for comparison or a certified copy (in case of direct submission) or a certified copy (in case of submission by post) of the operation license of the aircraft maintenance establishment;

h/ A duplicate or a copy enclosed with the original for comparison or a certified copy (in case of direct submission) or a certified copy (in case of submission by post) of the aircraft maintenance contract in case of hiring maintenance services.”

2. To amend Clause 1, Article 23 as follows:

“1. Within 25 working days after receiving a complete dossier as prescribed in Article 22 of this Decree, the Civil Aviation Authority of Vietnam shall appraise the dossier and consult in writing the Department of Operations (the Ministry of National Defense) on the organization or individual that registers general aviation activities, type of aircraft and flight area, or notify the refusal to grant a certificate to the applicant, clearly stating the reason.”

3. To amend Clause 6, Article 26 as follows:

“6. The use of brands prescribed at Point b, Clause 3 and in Clause 4 of this Article must be registered with the Civil Aviation Authority of Vietnam. An airline that wishes to use a brand shall send 1 set of dossier of request for registration for use of a brand directly or by post or by another appropriate mode to the Civil Aviation Authority of Vietnam, which must comprise:

a/ The original request for registration, made according to Form No. 08 provided in the Appendix to this Decree;

b/ Duplicates or copies enclosed with the originals for comparison or certified copies (in case of direct submission) or certified copies (in case of submission by post) of documents proving the satisfaction of the conditions prescribed at Point b, Clause 3 and in Clause 4 of this Article;

c/ A duplicate or a copy enclosed with the original for comparison or a certified copy (in case of direct submission) or a certified copy (in case of submission by post) of the brand owner’s permission for use of the brand.”

Article 3.Effect

1. This Decree takes effect on January 1, 2020.

2. To annul Articles 13 and 17 of the Government’s Decree No. 92/2016/ND-CP of July 1, 2016, providing the conditional business sectors and trades in the field of civil aviation.

3. To annul Article 20 of the Government’s Decree No. 30/2013/ND-CP of April 8, 2013, on air carriage business and general aviation activities.

Article 4.Implementation responsibility

1. The Ministry of Transport shall organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.

 

 



[1]Công Báo Nos 917-918 (30/11/2019)

Please log in to a subscriber account to see the full text. Don’t have an account? Register here
Please log in to a subscriber account to see the full text. Don’t have an account? Register here
Processing, please wait...
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency

VIETNAMESE DOCUMENTS

Decree 89/2019/NĐ-CP DOC (Word)

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

Decree 89/2019/NĐ-CP PDF (Original)

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

ENGLISH DOCUMENTS

Official Gazette
Decree 89/2019/NĐ-CP DOC (Word)

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

Decree 89/2019/NĐ-CP PDF

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

LuatVietnam's translation
Decree 89/2019/NĐ-CP DOC (Word)

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

* Note: To view documents downloaded from LuatVietnam.vn, please install DOC, DOCX and PDF file readers
For further support, please call 19006192

SAME CATEGORY

loading