Joint Circular No. 43/2011/TTLT/BTC-BGTVT dated March 28, 2011 of the Ministry of Finance and the Ministry of Transport on amending, supplementing the Joint Circular No.103/2008/TTLT/BTC-BGTVT dated 12/11/2008 of the Ministry of Finance - the Ministry of Transport guiding the management of domestic air fare and air service charge rates at Vietnamese airports and airfields

JOINT CIRCULAR

ON AMENDING, SUPPLEMENTING THE JOINT CIRCULAR NO.103/2008/TTLT/BTC-BGTVT DATED 12/11/2008 OF THE MINISTRY OF FINANCE - THE MINISTRY OF TRANSPORT GUIDING THE MANAGEMENT OF DOMESTIC AIR FARE AND AIR SERVICE CHARGE RATES AT VIETNAMESE AIRPORTS AND AIRFIELDS

 Pursuant to the Law on Civil Aviation of Vietnam No.66/2006/QH11 dated June 29, 2006;

Pursuant to the Ordinance on Price No.40/2002/UBTVQH10 dated April 26, 2002;

Pursuant to the Decree No.170/2003/ND-CP dated December 25, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Price and Decree No.75/2008/ND-CP dated June 09, 2008 of the Government on amending, supplementing a number of Articles of Decree No.170/2003/ND-CP dated December 25, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Price;

Pursuant to the Decree No.83/2007/ND-CP dated May 25,2007 of the Government on the management, operation of airports, airfield;

Pursuant to the Decree No.118/2008/ND-CP dated November 27, 2008 of the Government stipulating functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Decree No.51/2008/ND-CP dated April 22, 2008 of the Government  stipulating functions, tasks, powers and organizational structure of the Ministry of Transport;

To implement the Resolution No.45/NQ-CP dated November 16, 2010 of the Government on simplification of administrative procedures under function scope of management of the Ministry of Transport and Decree No.68/NQ-CP dated December 27, 2010 of the Government on simplification of administrative procedures under function scope of management of the Ministry of Finance;

Joint between the Ministry of Finance – the Ministry of Transport guides the amendment, upplementation of Joint Circular No.103/2008/TTLT/BTC-BGTVT dated November 12, 2008 of Joint between the Ministry of Finance – the Ministry of Transport guiding on the management of domestic air fare and air service charge rates at Vietnamese airports and airfields as follows:

Article 1.Amending, supplementing a number of provisions in Joint Circular No.103/2008/TTLT-BTC-BGTVT as follows:

1. Amending, supplementing point 3.2.1 clause 3 “competence, responsibility of agencies, units in establishment, submission, appraisal of charge rate plans and decision on service charge rates”:

“3.2.1. To direct and guide service providers to establish charge rate plans and charge rate bracket, the fuel surcharge; to organize the appraisal of establishing charge rate plans and charge rate bracket, the fuel surcharge made by the units; to have the official comments by written request to the Ministry of Finance for decision on charge rates, services charge rates bracket and maximum level of fuel surcharges specified in clause 3.1 point 3 of Item II of this Circular. The time for appraisal of price plan, price decisions and brackets is made​​in accordance with provision in clause 2 Article 10 of Decree No.170/2003/ND-CP dated December 25, 2003 of the Government detailing the implementation of a number of Articles of the Price Ordinance”.

2. Amending, supplementing point 4.3.1 clause 4 “Registration for service charge rates”:

“4.3.1. Registration for charge rates is made under the form of the units send 02 sets of dossiers directly or by post to the dossier recipient agency of charge rates registration being the Ministry of Transport (Civil Aviation Administration of Vietnam) one set (01) and the Ministry of Finance (Department of Price Management) one set (01) before the implementation of charge rate registration. Expiry of 05 working days (after the receipt of charge rates registration dossier upon the stamped seal of receiving coming official dispatch of the charge rates registration forms receiving agency), if there is no request for explanation from the charge rates registration dossier-receiving agency, the units deploy to provide services under the charge rates registered, concurrently implements the charge rates listing under regulations of law”.

3. Amending, supplementing point 5.1 clause 5 “Declaration of charge rates”:

“5.1. Service providers implement the declaration of charge rates provided in clause 5.2 point 5 Item II of this Circular. Dossier for declaring charge rates is made in 02 sets sending directly or by post to the charge rates dossier-receiving agencies being the Ministry of Transport (Civil Aviation Administration of Vietnam) one set (01) and the Ministry of Finance (Department of Price Management) one set (01) before the implementation of declaring charge rates. The time limit for the dossier-receiving agencies to solve is 05 working days (since the receipt of charge rates registration dossier of the units under the stamped seal of receiving coming official dispatch of charge rates registration forms receiving agency). Expiry of 05 days, if there is no request for explanation from the charge rates registration dossier- receiving agency, the units deploy to provide services under the charge rates declared, concurrently implements the charge rates listing under regulations of law.”

4. Amending, supplementing clause 6 “Negotiations on air service charge rates”:

4.1. Amending, supplementing point 6.3.4:

“6.3.4. Dossier of negotiations on charge rates is implemented according to unification form in Annex 4 attached to this Circular made by the purchasers and sellers sending directly or by post to the competent agency to hold the negotiations on charge rates 01 set; concurrently sending 01 set by post or by electric mail (email) to the purchasers (or sellers).

4.2. Supplementing point 6.4 prescribed on “Order of negotiations on charge rates”:

“6.4. Order of negotiations on charge rates:

a) After receiving dossier of negotiations on charge rates, no later than 05 working days, if dossier of negotiations on charge rates of production, business organizations, individuals has not made fully according to provision, the competent agency to hold for negotiations on charge rates issues written requirement to the parties joining in negotiations on charge rates to implement in compliance with provision.

b) Within 15 (fifteen) working days since the receipt of full and valid dossier of negotiation on charge rates according to provision, the competent agency to hold for negotiations on charge rates must hold negotiation on charge rates.

c) At the conference of negotiations on charge rate:

- The competent agency to hold for negotiations on charge rates presents object, requirement and contents of the negotiation on charge rate; require the purchasers, sellers to present their dossier, plans of the negotiation on charge rate; concurrently listen to opinions of relative agencies joining in the negotiation on charge rates.

- The competent agency to hold for negotiation on charge rate makes a conclusion and records minute (with signatures of such agency, representatives of purchaser, seller), then issues written notification on result of negotiation on charge rate for the two parties to implement.

d) Production, business organizations, individuals requesting for negotiation on charge rates are entitled to withdraw dossier of negotiation on charge rates for self-agreement on selling, purchasing charge rates of goods, services requesting for negotiation on charge rates before the competent agency holds negotiation on charge rates”.

4.3. Supplementing order number of former point 6.4 into point 6.5.

Article 2.This Circular takes effect after45 days since the signing date. The other contents provided in Joint Circular No.103/2008/TTLT-BTC-BGTVT not being amended, supplemented in this Joint Circular are still valid.

During the course of implementation, if obstacles arise, agencies, units need to reflect promptly to the Ministry of Finance, Ministry of Transport for studying to handle./.