VietnameseDecree No. 70/2007/ND-CP dated April 20, 2007 of the Government on registration of nationality of and rights to civil aircraft
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Decree No. 70/2007/ND-CP dated April 20, 2007 of the Government on registration of nationality of and rights to civil aircraft
| 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: | 70/2007/ND-CP | Signer: | Nguyen Tan Dung |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 20/04/2007 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Transport |
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THE GOVERNMENT ------------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness -------------- |
No: 70/2007/ND-CP | Hanoi , April 20, 2007 |
DECREE
ON REGISTRATION OF NATIONALITY OF AND RIGHTS TO CIVIL AIRCRAFT
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Civil Aviation of Vietnam;
At the proposal of the Minister of Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope and subjects of application
1. This Decree provides for the order and procedures for registration and deregistration of nationality of and rights to aircraft, priority right to payments for rescue and preservation of Vietnamese aircraft; registration of notices on discharge of aircraft involved in charged transactions; supply of information in the Aircraft Register of Vietnam; painting of registration marks and nationality marks on, and affixture thereof to, aircraft bearing Vietnamese nationality.
2. This Decree applies to:
a/ Vietnamese and individuals that own and operate aircraft;
b/ Vietnamese and individuals that lease aircraft without flight crews or lease-purchase civil aircraft under the ownership of foreign organizations or individuals;
c/ Organizations and individuals that have rights to Vietnamese aircraft;
d/ Organizations and individuals that rescue or preserve Vietnamese aircraft;
e/ Organizations and individuals that wish to access information in the Aircraft Register of Vietnam.
Article 2.- Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Registrant means an organization or individual whose name is written in registration certificates.
2. Registration applicant means an organization or individual that makes an application and files a dossier of application for registration. Depending on each specific case, a registration applicant may be:
a/ Aircraft owner or lesser, for aircraft nationality registration;
b/ Charger or chargee, for registration of charged transactions involving aircraft;
c/ Aircraft lesser, for registration of the right to possession of aircraft;
d/ Chargee that has had the rights to aircraft registered in the Aircraft Register of Vietnam, for registration of notices on discharge of aircraft involved in charged transactions;
e/ Registrant, for cases of registration renewal, registration of modification of or correction of errors in registrations;
f/ Organization or individual that rescues or preserves aircraft;
g/ A person mandated by any of above entities.
3. Deregistration applicant means an organization or individual that makes an application and files a dossier of application for deregistration, and may be:
a/ Registrant, for registration of nationality of or rights to aircraft;
b/ Charger or chargee, for registration of charged transactions involving aircraft;
c/ A person mandated by any of above persons.
4. Information supply requester means any organization or individual that makes a written request for supply of information in the Aircraft Register of Vietnam.
5. Applicant/requester means any person defined in Clauses 2, 3 and 4 of this Article.
6. Charged transaction involving aircraft means the pledge or mortgage of or guarantee with aircraft.
Article 3.- Responsibilities of applicants/requesters
1. Applicants/requesters shall send their dossiers directly or by post to the Aviation Administration of Vietnam and bear responsibility for information in their dossiers.
2. Applicants/requesters shall pay fees and charges prescribed by law.
3. Except for applications, written requests and receipts or papers certifying the payment of fees and charges which must be originals, other documents in dossiers of application or request may be either originals or copies. Foreign-language documents must be translated into Vietnamese. Copies or translations must be notarized or authenticated according to law.
4. If applicants/requesters detect that their applications or written requests or certificates granted under this Decree contain errors, they shall request the Aviation Administration of Vietnam to correct those errors. Dossiers of request for error correction are specified in Clause 2, Article 28 of this Decree.
Article 4.- Papers evidencing legal status
1. For an applicant/requester being an individual, papers evidencing his/her legal status include:
a/ People's identity card or passport, for Vietnamese citizens;
b/ Personal identification papers, for stateless individuals living or permanently residing in Vietnam according to Vietnamese law;
c/ Passport or personal identification papers, for foreigners according to the laws of countries of which those individuals are nationals.
2. For an applicant/requester being an organization, papers evidencing its legal status include:
a/ Business registration certificate, for economic organizations; founding decision or operation license, for non-economic organizations established and operating under Vietnamese law;
b/ Papers evidencing the legal status, for organizations established and operating under relevant foreign laws.
3. Mandated persons must have lawful powers of attorney.
Article 5.- Responsibility to effect registration
1. The Aviation Administration of Vietnam under the Ministry of Transport is responsible for effecting the registration and deregistration of nationality of and rights to aircraft, and priority right to payments for rescue or preservation of Vietnamese aircraft; registering notices on discharge of aircraft involved in charged transactions; and supplying information in the Aircraft Register of Vietnam.
2. The Aviation Administration of Vietnam shall check dossiers of application and assess their contents before deciding on the registration or deregistration or supply of information. In the course of checking and assessment of dossiers, the Aviation Administration of Vietnam may request the applicants to supply information or documents to clarify related matters.
3. Within five working days after receiving a complete dossier, the Aviation Administration of Vietnam shall effect the registration or deregistration or supply information in writing if the following requirements are satisfied:
a/ The dossier has all required documents specified in this Decree;
b/ Information in the dossier is true;
c/ The involved aircraft satisfies the registration conditions specified in this Decree.
4. In case of refusal to effect registration or deregistration or supply information, the Aviation Administration of Vietnam shall notify it in writing to the applicant, clearly stating the reason(s) therefor.
5. The Aviation Administration of Vietnam shall enter information on registration and deregistration of nationality of aircraft and rights to aircraft, priority right to payments for rescue or preservation of Vietnamese aircraft; and register notices on discharge of aircraft involved in charged transactions in the Aircraft Register of Vietnam.
Chapter II
REGISTRATION OF NATIONALITY OF AIRCRAFT
Section 1. REGISTRATION PROCEDURES
Article 6.- Conditions for registration of nationality of aircraft for leased aircraft and temporary registration of nationality of aircraft
1. Aircraft under the ownership of foreign organizations or individuals that are leased without flight crews or leased-purchased by Vietnamese or individuals may be registered to bear Vietnamese nationality if they satisfy the conditions specified in Clause 2, Article 13 of the Civil Aviation Law of Vietnam. In case of lease-purchase or lease without flight crews for a term of 24 months or more, the involved aircraft shall be registered to bear Vietnamese nationality at least six months before it is put to operation in Vietnam.
2. Aircraft at the stage of manufacture, assembly or testing in Vietnam may be temporarily registered to bear Vietnamese nationality.
Article 7.- Dossiers of application for aircraft nationality registration
1. A dossier of application for aircraft nationality registration for aircraft specified in Clauses 4 and 5, Article 13 of the Civil Aviation Law of Vietnam comprises:
a/ An application for aircraft nationality registration that contains the following information: full name, address and telephone number of the registration applicant or the registrant; type of aircraft, aircraft serial number, maximum takeoff weight, name of the manufacturer, year of manufacture; type, quantity and identification marks of aircraft engines sought to be registered;
b/ Papers evidencing the legal status of the registration applicant or the registrant;
c/ Lawful documents of title of the aircraft;
d/ Certificate of non-registration issued by the manufacturer's country or certificate of deregistration issued by the country of registration.
e/ Documents on technical conditions of the aircraft, including: valid certificate of export airworthiness for aircraft manufactured overseas, type certificate issued or recognized by the Aviation Administration of Vietnam, and the manufacturer's valid written certification of satisfaction of design and manufacture conditions;
f/ Contract on aircraft purchase, lease or lease-purchase (if any);
g/ Receipt or paper certifying the payment of fee.
2. A dossier of application for temporary registration of aircraft nationality as defined in Clause 3, Article 13 of the Civil Aviation Law of Vietnam comprises:
a/ An application for aircraft nationality temporary registration that contains the following information: full name, address and telephone number of the registration applicant or the registrant; type of aircraft, aircraft serial number, maximum takeoff weight, name of the manufacturer, year of manufacture; type, quantity and identification marks of aircraft engines; reason for application for temporary registration; and proposed registration duration;
b/ Papers evidencing the legal status of the registration applicant or the registrant;
c/ Lawful documents of title of the aircraft;
d/ The Aviation Administration of Vietnam's certification that the aircraft is at the stage of manufacture, assembly or testing in Vietnam;
e/ Aircraft design dossier.
Article 8.- Registration of aircraft nationality
1. When the requirements specified at Points a, b and c, Clause 3, Article 5 of this Decree are met, the Aviation Administration of Vietnam shall enter information on the registration of aircraft nationality in the Aircraft Register of Vietnam and issue registration certificates of aircraft nationality or temporary registration certificates of aircraft nationality, made according to a set form (not printed herein).
2. A temporary registration certificate of aircraft nationality is valid for no more than 12 months and may be renewed once for no more than 12 months.
Article 9.- Deregistration of aircraft nationality
1. The Aviation Administration of Vietnam shall deregister aircraft nationality in the cases specified in Article 14 of the Civil Aviation Law of Vietnam.
2. The Aviation Administration of Vietnam shall effect temporary deregistration of aircraft nationality in the following cases:
a/ The temporary registration duration expires without any extension or the extended duration expires;
b/ The aircraft is no longer at the stage of manufacture, assembly or testing in Vietnam;
c/ Upon the request of the aircraft registrant.
3. Aircraft registrants shall promptly notify the Aviation Administration of Vietnam of cases that may lead to deregistration of aircraft nationality or temporary deregistration of aircraft nationality.
4. In case of deregistration upon the request of the aircraft registrant, the deregistration applicant shall send a dossier of application for deregistration to the Aviation Administration of Vietnam. Such a dossier comprises:
a/ An application that contains the following information: full name, address and telephone number of the deregistration applicant; type of aircraft, aircraft serial number, maximum takeoff weight, name of the manufacturer, nationality and registration mark; type, quantity and identification marks of aircraft engines; reason for application for deregistration; and serial number of the issued registration certificate;
b/ Issued registration certificate of aircraft nationality or temporary registration certificate of aircraft nationality;
c/ Documents proving the reason for deregistration.
5. After checking and assessing the dossier, the Aviation Administration of Vietnam shall enter those information in the Aircraft Register of Vietnam, issue a deregistration certificate of aircraft nationality, made according to a set form (not printed herein). The Aviation Administration of Vietnam shall withdraw the issued registration certificates of aircraft nationality or temporary registration certificates of aircraft nationality, except when those certificates are lost or destroyed together with the aircraft.
Section 2. NATIONALITY MARKS AND REGISTRATION MARKS
Article 10.- General requirements for the painting and affixture of nationality marks or registration marks
1. When in operation, aircraft bearing Vietnamese nationality must be painted or affixed with nationality mark and registration mark.
2. Aircraft bearing Vietnamese nationality must not be painted or affixed with any mark that has content or presentation similar to or possibly causing confusion with that of aircraft bearing another nationality.
3. The Aviation Administration of Vietnam shall notify the International Civil Aviation Organization of the nationality mark and registration mark of aircraft bearing Vietnamese nationality.
Article 11.- Marks
1. The nationality mark or registration mark of aircraft bearing Vietnamese nationality is a combination of letter and numeral characters. The nationality mark is placed before the registration mark and separated from the latter by a hyphen "-".
2. The nationality mark of aircraft bearing Vietnamese nationality consists of two upper-case Roman letters "VN". The Vietnam Airlines may use the national flag of Vietnam as the symbol accompanying the nationality mark.
3. The registration mark of aircraft bearing Vietnamese nationality consists of one of the following upper-case Roman letters followed by three Arabic numerals:
a/ "A" for aircraft with turbofan/turbojet engines;
b/ "B" for aircraft with turbo propeller engines;
c/ "C" for aircraft with pistol engines;
d/ "D" for aircraft with other aircraft.
Article 12.- Positions for painting or affixture and size of marks
1. The nationality mark and registration mark painted on or affixed to aircraft must be durable, clear and prominent in terms of position and presentation.
2. Requirements on the font and size of characters of the nationality mark and registration mark are as follows:
a/ Letters and numerals must be without ornamentation;
b/ Characters (except for hyphen) in the same group of marks must be of the same height;
c/ The width of a character (except for numeral 1) must be equal to two thirds of its height. The width of numeral 1 must be equal to one sixth of the height of each character.
d/ The lines of each character must be solid and of a color in contrast with the background of the mark position. The thickness of the lines is one sixth of the height of each character;
e/ The space between characters must be at least equal to one quarter of the width of each character.
3. The position and height of characters to be painted on or affixed to heavier-than-air aircraft are as follows:
a/ On wings: A mark shall be painted on or affixed to the lower surface of the left wing and possibly the whole lower surface of both wings in case the mark characters are required to extend across both wings. The mark shall be located equidistant from the leading and trailing edges of the wings with its top directed toward the leading edge of the wing. The height of the mark must be at least 50 cm.
b/ On the fuselage (other similar structure) and on the vertical tail surfaces: The mark must be at least 30 cm in height and be painted on or affixed to either of the following positions:
- Both sides of the fuselage in between the wings and the horizontal tail surface.
- The upper part of both sides, for single-vertical tail aircraft. The upper part of the outboard sides of the outer surfaces, for multi-vertical tail aircraft.
4. The marking of aircraft other than those specified in Clause 3 of this Article shall be decided by aircraft registrants in compliance with the provisions of Clauses 1 and 2 of this Article and approved by the Aviation Administration of Vietnam.
Chapter III
REGISTRATION OF RIGHTS TO AIRCRAFT
Section. 1. GENERAL PROVISIONS
Article 13.- General principles
1. Vietnamese organizations and individuals that have the rights provided for in Clause 1, Article 28 of the Civil Aviation Law of Vietnam to aircraft bearing Vietnamese nationality shall register those rights under the provisions of this Decree.
2. Foreign organizations and individuals that have the rights provided for in Clause 1, Article 28 of the Civil Aviation Law of Vietnam to aircraft bearing Vietnamese nationality may register those rights under the provisions of this Decree.
3. Vietnamese organizations and individuals that have the rights provided for in Clause 1, Article 28 of the Civil Aviation Law on Vietnam to aircraft bearing foreign nationalities may register those rights according to laws of countries of which those aircraft bear nationalities.
4. The priority order for registration of rights to aircraft shall be determined according to the time of receipt of complete and valid dossiers.
Article 14.- Deregistration of rights to aircraft
1. Registrants shall promptly notify the Aviation Administration of Vietnam of cases that may lead to deregistration of rights to aircraft.
2. Applicants for deregistration of rights to aircraft shall send their dossiers to the Aviation Administration of Vietnam. A dossier of application for deregistration comprises:
a/ An application for deregistration that contains the following information: full name and address of the applicant; registered right applied for deregistration; serial number of the registration certificate applied for deregistration; reason for deregistration;
b/ Issued registration certificate;
c/ Documents relevant to the registration application;
d/ Written consent of the chargee in case the deregistration applicant is the charger.
3. After checking and assessing dossiers, the Aviation Administration of Vietnam shall enter information relevant to deregistration application in the Aircraft Register of Vietnam, issue deregistration certificates, made according to a set form (not printed herein), and withdraw the issued registration certificates.
Section 2. REGISTRATION OF OWNERSHIP AND RIGHT TO POSSESSION OF AIRCRAFT
Article 15.- Dossiers of application for registration of ownership
A dossier of application for registration of aircraft ownership comprises:
1. An application for registration of aircraft ownership that contains the following information: full name, address and telephone number of the registration applicant or the registrant; type of aircraft, aircraft serial number, maximum takeoff weight, name of manufacturer, nationality and registration mark; type, quantity and identification marks of engines; full name and address of the former owner (if any); grounds for establishment of ownership;
2. Copy of the registration certificate of nationality of Vietnamese aircraft;
3. Papers evidencing the legal status of the registration applicant or the registrant;
4. Lawful documents of title of the aircraft. In case of aircraft ownership transfer, the former owner's documents of title are also required.
5. Receipt or paper certifying the payment of the registration fee.
Article 16.- Dossiers of application for registration of the right to possession
1. A dossier of application for registration of the right to possession comprises: An application for registration of the right to possession of aircraft that contains the following information: Full name, address and telephone number of the registration applicant or the registrant; type of aircraft, aircraft serial number, maximum takeoff weight, name of manufacturer, nationality and registration mark; type, identification marks and quantity of engines; full name and address of the owner; scope of the right to possession; and proposed registration duration;
2. Copy of the registration certificate of aircraft nationality;
3. Papers evidencing the legal status of the registration applicant or the registrant;
4. Copy of the aircraft lease contract or aircraft lease-purchase contract;
5. Receipt or paper certifying the payment of the registration fee.
Article 17.- Registration of ownership or the right to possession
When the requirements specified at Points a and b, Clause 3, Article 5 of this Decree are satisfied, the Aviation Administration of Vietnam shall enter information on ownership or the right to possession of aircraft in the Aircraft Register of Vietnam and issue certificates of aircraft ownership or certificates of the right to possession of aircraft, made according to a set form.
Article 18.- Renewal of registration of the right to possession
1. Within 15 days before the expiration of the validity term of a certificate of the right to possession of aircraft, the registrant may apply for registration renewal.
2. A dossier of application for registration renewal comprises:
a/ An application for renewal of registration of the right to possession of aircraft that contains the following information: full name, address and telephone number of the registration renewal applicant; type of aircraft, aircraft serial number, maximum takeoff weight, name of manufacturer, nationality and registration mark; type, identification marks and quantity of aircraft engines; serial number of the issued registration certificate; aircraft owner; reason for registration renewal; and proposed renewal duration;
b/ Papers evidencing the renewal of the aircraft lease or lease-purchase defined at Point b, Clause 1, Article 28 of the Civil Aviation Law of Vietnam;
c/ Copy of the issued registration certificate of the right to possession of aircraft;
d/ Receipt or paper certifying the payment of the registration fee.
3. When the requirements specified at Points a and b, Clause 3, Article 5 of this Decree are satisfied, the Aviation Administration of Vietnam shall enter information on renewal in the Aircraft Register of Vietnam and issue renewed certificates of the right to possession of aircraft.
Section 3. REGISTRATION OF CHARGED TRANSACTIONS INVOLVING AIRCRAFT
Article 19.- Dossiers of application for registration of charged transactions involving aircraft
1. A dossier of application for registration of a charged transaction involving aircraft comprises:
a/ An application for registration of charged transaction involving aircraft that contains the following information: full name, address and telephone number of the registration applicant or the registrant; type of transaction; full names and addresses of the charger and the chargee; type of aircraft, manufacturer and country of manufacture, aircraft serial number and year of manufacture, nationality and registration mark; type, identification marks and quantity of aircraft engines; date of entry into, date of effectiveness and date of expiry of the transaction and value of charged obligation of the transaction; time limit for registration application;
b/ Copy of the registration certificate of aircraft nationality;
c/ Papers evidencing the legal status of the registration applicant or the registrant;
d/ Lawful documents of title of the aircraft;
e/ Copy of the contract on charged transaction involving aircraft;
f/ Written consent of all co-owners to the charged transaction involving aircraft in case the aircraft is under joint ownership;
g/ Receipt or paper certifying the payment of the registration fee.
2. If there are many charged transactions involving the same aircraft, each transaction requires a separate registration application. If a charged transaction involves many aircraft, each aircraft requires a separate registration application.
Article 20.- Registration of charged transactions involving aircraft
1. When the requirements specified at Points a and b, Clause 3, Article 5 of this Decree are satisfied, the Aviation Administration of Vietnam shall enter information related to those charged transactions involving aircraft in the Aircraft Register of Vietnam and issue registration certificates of charged transactions involving aircraft, made according to a set form (not printed herein).
2. The validity term of the registration of a charged transaction is determined according to the validity term of that charged transaction.
Article 21.- Modification of contents of registered charged transactions involving aircraft
1. For a registered charged transaction involving aircraft, when the content of that transaction is modified, the registrant shall send a dossier of request for modification to the Aviation Administration of Vietnam.
2. A dossier of request for modification of registration content comprises:
a/ A written request for modification of the registered content of the charged transaction involving aircraft that contains the following information: full name, address and telephone number of the registration applicant or the registrant; type of transaction and serial number of the issued registration certificate; and modified content;
b/ The issued registration certificate of charged transaction;
c/ Papers evidencing the legal status of the registration applicant or the registrant;
d/ Papers evidencing the modified content;
e/ Receipt or paper certifying the payment of the registration fee.
3. After examining the dossier of request, the Aviation Administration of Vietnam shall withdraw the issued registration certificate of charged transaction and issue a new one. The date of effectiveness of the registration shall remain unchanged.
4. If the modified content is the aircraft itself, the requester shall carry out the procedures for deregistration of rights to the aircraft and procedures for re-registration as for the initial registration.
Article 22.- Registration of notices on discharge of aircraft involved in charged transactions
1. For a registered charged transaction involving aircraft, at least fifteen days before the discharge of the aircraft, the chargee that requests the discharge shall send a notice on discharge of the aircraft to the charger and all other chargees or shall register a notice on discharge of the aircraft with the Aviation Administration of Vietnam.
2. A dossier of application for registration of a notice on discharge of aircraft involved in a charged transaction comprises:
a/ An application for registration of the notice on discharge of aircraft involved in charged transaction that contains the following information: full name, address and telephone number of the registration applicant or the registrant; type of aircraft, aircraft serial number, name of manufacturer and country of manufacture, year of manufacture; type, quantity and identification marks of aircraft engines; type of transaction and serial number of the issued registration certificate; reason for discharge, mode and date of discharge, charged obligation involved in discharge;
b/ Notice on discharge of aircraft involved in charged transaction;
c/ Papers evidencing the legal status of the registration applicant or the registrant;
d/ Copy of the issued registration certificate of charged transaction involving aircraft;
e/ Receipt or paper certifying the payment of the registration fee.
3. In accordance with the provisions of Clause 3, Article 5 of this Decree, the Aviation Administration of Vietnam shall issue to the applicant a registration certificate of notice on discharge of aircraft involved in charged transaction, made according to a set form (not printed herein).
4. The Aviation Administration of Vietnam shall notify the issuance of the registration certificate of notice on discharge of aircraft involved in charged transaction to the charger and all other chargees at addresses indicated in the Aircraft Register of Vietnam.
Section 4. REGISTRATION OF PRIORITY RIGHT TO PAYMENTS FOR RESCUE OR PRESERVATION OF AIRCRAFT
Article 23.- Dossiers of application for registration of priority right to payments for rescue or preservation of aircraft
1. Organizations or individuals that rescue or preserve aircraft shall send their dossiers for registration of priority right to payments for rescue or preservation of aircraft to the Aviation Administration of Vietnam.
2. A dossier of application for registration comprises:
a/ An application for registration of priority right to payments for rescue or preservation of aircraft that contains the following information: full name, address and telephone number of the registration applicant or the registrant; type, nationality and registration mark of aircraft; and duration of rescue or preservation;
b/ Papers evidencing the legal status of the registration applicant or the registrant;
c/ Evidence of aircraft rescue or preservation activities;
d/ Receipt or paper certifying the payment of the registration fee.
Article 24.- Registration of priority right to payments for rescue or preservation of aircraft
1. When the requirements specified at Points a and b, Clause 3, Article 5 of this Decree are satisfied, the Aviation Administration of Vietnam shall enter information on priority right to payments for rescue or preservation of aircraft bearing Vietnamese nationality in the Aircraft Register of Vietnam and issue registration certificates of priority right to payments for rescue or preservation of aircraft, made according to a set form (not printed herein).
2. For aircraft bearing foreign nationalities, the registration of priority right to payments for rescue or preservation of aircraft shall comply with laws of countries where aircraft are registered. The Aviation Administration of Vietnam shall certify that the rescue or preservation has been performed in Vietnam and notify its certification to the countries where aircraft are registered.
Chapter IV
THE AIRCRAFT REGISTER OF VIETNAM
Article 25.- Compilation and management of the Aircraft Register of Vietnam
The Aviation Administration of Vietnam shall compile, enter and update information in, manage and exploit the Aircraft Register of Vietnam. The Aircraft Register of Vietnam is complied in the form of paper or electronic notebook.
Article 26.- Contents of the Aircraft Register of Vietnam
1. The Aircraft Register of Vietnam is used for recording information on registration or deregistration of aircraft, rights to aircraft, priority right to payments for rescue or preservation of aircraft, and notices of discharge of aircraft involved in charged transactions.
2. The Aircraft Register of Vietnam consists of the following principal contents:
a/ Date of entry into the Aircraft Register of Vietnam for each type of registration;
b/ Issued certificates for each type of registration: serial number and date of issuance;
c/ Nationality and registration mark;
d/ Type of aircraft;
e/ Aircraft manufacturer;
f/ Aircraft serial number and date of manufacture;
g/ Sub-group of aircraft;
h/ Type certificate of aircraft: serial number and issuing agency;
i/ Certificate of export airworthiness: serial number, issuing agency and date of issuance;
j/ Certificate of airworthiness: serial number, issuing agency and date of issuance;
k/ Owner: full name, address and nationality;
l/ Possessor: full name, address and nationality;
m/ Duration of possession, for leased aircraft;
n/ Operator: full name, address and nationality;
o/ Aircraft lesser: full name, address and nationality;
p/ Charger: full name, address and nationality;
q/ Chargee: full name, address and nationality;
r/ Value of charged obligation involving aircraft;
s/ Validity term of the registration of charge transaction;
t/ Person notifying the discharge of aircraft involved in charged transaction: full name, address and nationality;
u/ Full name, address and nationality of aircraft rescuer or preserver;
v/ Validity term of temporary registration of nationality of aircraft;
w/ Deregistration for each type of registration: date of and reason for deregistration;
x/ Other necessary information.
Article 27.- Supply of information in the Aircraft Register of Vietnam
1. Requesters for supply of information in, extracts or copies of the Aircraft Register of Vietnam shall send dossiers of request to the Aviation Administration of Vietnam.
2. A dossier of request for supply of information comprises:
a/ An application for supply of information, extracts or copies that contains the following information: full name, address and telephone number of the requester; type, serial number, nationality and registration mark of aircraft; type of registration; contents of information supply request; mode of information supply;
b/ Receipt or paper certifying the payment of fee(s).
3. After assessing the dossier, the Aviation Administration of Vietnam shall supply information, extracts or copies of the Aircraft Register of Vietnam to the requester.
4. Within fifteen days after the issuance of a registration certificate of aircraft nationality, the Aviation Administration of Vietnam shall supply information on the registration of aircraft nationality to the Ministry of Defense for use in service of the airspace and flight management.
Article 28.- Correction of errors in the Aircraft Register of Vietnam
1. The Aviation Administration of Vietnam shall settle and respond in writing to complaints and requests of organizations and individuals concerning any errors in the Aircraft Register of Vietnam or issued certificates, and carry out procedures for correcting errors under the provisions of this Decree.
2. Requesters shall send dossiers of request for correction of errors to the Aviation Administration of Vietnam. Such a dossier comprises:
a/ A written request for correction of errors in the Aircraft Register of Vietnam that contains the following information: full name, address and telephone number of the requester for error correction; type of registration and error correction contents;
b/ The issued registration certificate that contains errors;
c/ Documents evidencing errors.
3. After examining the dossier of request for error correction, the Aviation Administration of Vietnam shall issue a new error-free certificate to the requester, and at the same time withdraw the erroneous certificate and enter the corrected contents in the Aircraft Register of Vietnam.
Chapter V
IMPLEMENTATION PROVISIONS
Article 29.- Application of the Decree to effective registrations
1. Registrations that remain effective and are made before the effective date of this Decree under the Prime Minister's Decision No. 971/TTg of December 28, 1996, promulgating the Regulation on registration of aircraft, aircraft ownership transfer and mortgage of civil aircraft and the Ministry of Transport's Circular No. 01/2004/TT-BGTVT of January 16, 2004, guiding the registration of aircraft and rights to aircraft, are not required to be re-made.
2. The renewal or modification of, or correction of errors in registrations mentioned in Clause 1 of this Article or deregistrations that is effected after the effective date of this Decree shall comply with this Decree.
Article 30.- Implementation effect
1. This Decree takes effect 15 days after its publication in "CONG BAO."
2. To annul the following documents: the Prime Minister's Decision No. 971/TTg of December 28, 1996, promulgating the Regulation on registration of aircraft, aircraft ownership transfer and mortgage of civil aircraft, and the Ministry of Transport's Circular No. 01/2004/TT-BGTVT of January 16, 2004, guiding the registration of aircraft and rights to aircraft.
Article 31.- Organization of implementation
1. The Ministry of Transport shall organize the implementation of this Decree.
2. The Ministry of Finance shall specify rates and the management and use of fees and charges for the registration of aircraft nationality, rights to aircraft, priority right to payments for aircraft rescue or preservation or notices on discharge of aircraft involved in charged transactions, and for supply of information in the Aircraft Register of Vietnam at the proposal of the Ministry of Transport.
3. Ministers, heads of ministerial-level agencies and government-attached agencies, and presidents of provincial/municipal People's Committees shall implement this Decree.
ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung |
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