Air Services Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Republic of Finland 2014

AIR SERVICES AGREEMENT

BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE REPUBLIC OF FINLAND

AIR SERVICES AGREEMENT BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE REPUBLIC OF FINLAND

The Government of the Socialist Republic of Viet Nam and the Government of the Republic of Finland, hereinafter referred to as “the Contracting Parties”,

Being parties to the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944;

Desiring to conclude an Agreement in conformity with and supplementary to the said Convention for the purpose of establishing and operating scheduled air services between and beyond their respective terrilories;

Have agreed as follows:

Article 1

Definitions

For the purposes of this Agreement, unless otherwise stated:

a) the term “Chicago Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944, and includes:

i) any amendment thereto which has entered into force under Article 94(a) of the Convention and has been ratified by both Contracting Parties; and

ii) any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time effective for both Contracting Parties.

b) the term “aeronautical authorities” means, in the case of the Socialist Republic of Viet Nam, the Civil Aviation Authority of Viet Nam, Ministry of Transport, and in the case of the Republic of Finland, the Finnish Civil Aviation Authority, or in both cases any person or body authorized to perform any functions at present exorcised by the said authorities or similar functions;

c) the term “designated airline” means an airline which has been designated and authorized in accordance with Article 4 of this Agreement:

d) the terms "air service", "international air service", "airline" and "stop for non-traffic purposes” shall have the meaning respectively assigned to them in Article 96 of the Convention;

e) the term "territory" in relation to a Contacting Party means land areas (mainland and islands), internal waters and territorial waters adjacent thereto and the airspace above them under the sovereignty of that Contracting Party;

f) the term “tariff” means the prices to be charged for the carriage of passengers, baggage or cargo (excluding mail), including any significant additional benefits to be furnished or made available in conjunction with such carriage, and the commission to be paid on the sale of tickets for the carriage or persons, or on corresponding transactions for the carriage of cargo. It includes also the conditions that govern the applicability of the price for carriage or the payment of commission;

g) the term “user charge” means charges made to airlines by the competent authorities or permitted by them to be made for the provision for aircraft, their crew, passengers and cargo of airport, and air navigation facilities, including related services and facilities.

2. The Annex forms an integral part of this Agreement and all references to this Agreement shall Include reference to the Annex unless otherwise provided.

3. Titles given to the Articles of this Agreement are for reference purposes only.

Article 2

Applicability of the Chicago Convention

The provisions of this Agreement shall be subject to the provisions of the Chicago Convention insofar those provisions are applicable to international air services.

Article 3

Grant of Traffic Rights

1. Each Contracting Party grants to the other Contracting Party the following rights in respect of the latter Party's international air services;

a. the right to fly across its territory without landing;

b. the right to make stops in its territory for non-traffic purposes.

2. Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of operating international air services on the routes specified in the appropriate Section of the Annex to this Agreement. Such services and routes are hereinafter called “the agreed services’’ and “the specified routes” respectively. While operating an agreed service on a specified route the airline designated by each Contracting Party shall enjoy, in addition to the rights specified in paragraph 1 of this Article, the right to make stops in the territory of the other Contracting Party at the points specified for that route in the Annex to this Agreement for the purpose of taking on board and discharging in international traffic passengers, cargo and mail, separately or in combination.

3. Nothing in paragraph 2 of this Article shall be deemed to confer on the designated airline of one Contracting Party the right to take on board, in the territoiy of the other Contracting Party, passengers, cargo and mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.

4. If because of armed conflict, political disturbances or development, or special and unusual circumstances, a designated airline of one Contracting Party is unable to operate a service on its normal routing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary arrangements of routes, including the temporary granting of alternative rights, as mutually decided by the Contracting Parties.

Article 4

Designation Of Airlines And Operating Authorization

1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party an airline or airlines for the purpose of operating the agreed services on the specified routes.

2. Each Contracting Party shall have the right to withdraw or after such designation.

3. On receipt of such written designation the aeronautical authorities of the other Contracting Party shall, subject to the provisions set forth below, without delay grant to the airline designated the appropriate operating authorization:

(a) In the case of an airline designated by the Republic of Finland:

(i) it is established in the territory of the Republic of Finland under the Treaty establishing the European Union and has a valid Operating Licence in accordance with European Union law;

(ii) effective regulatory control of the airline is exercised and maintained by the European Union Member State responsible for issuing its Air Operator's Certificate and the relevant aeronautical authority is clearly identified in the designation; and

(iii) the airline is owned directly or through majority ownership and it is effectively controlled by Member States of the European Union and/or by nationals of such stales.

(b) In the case of an airline designated by the Socialist Republic of Viet Nam:

(i) it is established in the territoty of the Socialist Republic of Viet Nam and has a valid Operating Licence in accordance with Viet Namese law;

(ii) the Socialist Republic of Viet Nam exercises and maintains effective regulatory control of the airline and is responsible for issuing its Air Operator's Certificate; and

(iii) the airline is owned directly or through majority ownership and it is effectively controlled by the Socialist Republic of Viet Nam and/or by its nationals.

4. The aeronautical authorities of one Contracting Party may require an airline designated by the other Contracting Party to satisfy them that it is qualified to fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities in conformity with the provisions of the Chicago Convention.

5. When an airline has been so designated and authorized it may begin at any time to operate the agreed services, provided that the airline complies with all applicable provisions of this Agreement.

Article 5

Revocation or Suspension of Operating Authorization

1. The aeronautical authorities of each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in paragraph 2 of Article 3 of this Agreement by an airline designated by the other Contracting Party, or to impose such conditions as they may deem necessary on the exercise of those rights:

a) In the case of an airline designated by the Republic of Finland:

(i) it is not established in the territoiy of the Republic of Finland under the Treaty establishing the European Union or does not have a valid Operating Licence in accordance with European Union law;

(ii) effective regulatory control of the airline is not exercised or not maintained by the European Union Member State responsible for issuing its Air Operator’s Certificate or the relevant aeronautical authority is not clearly identified in the designation; or

(iii) the airline is not owned directly or through majority ownership and it is not effectively controlled by Member Stales of the European Union and/or by nationals of such states.

In the case of an airline designated by the Socialist Republic of Viet Nam:

(i) it is not established in the territory of the Socialist Republic of Viet Nam or does not have a valid Operating Licence in accordance with Viet Namese law;

(ii) effective regulatory control of the airline is not exercised or not maintained by the Socialist Republic of Viet Nam or the Socialist Republic of Viet Nam is mat responsible for issuing its Air Operator’s Certificate; or

(iii) the airline is not owned directly or through majority ownership and it is not effectively controlled by the Socialist Republic of Viet Nam and/or by its nationals; or

b) in case of failure by that airline to comply with the laws or regulations of the Contracting Party granting the rights; or

c) in case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

2. Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party. Such consultations shall begin within a period of fifteen (15) days from the date of a request for consultations.

3. Reference in this Agreement to nationals of the Republic of Finland shall be understood as referring to nationals of Member States of the European Union or the European Free Trade Association.

Article 6

Application of Laws and Regulations

1. The laws and regulations of one Contracting Party relating to the entry into, or departure from, its territory of aircraft engaged in international air services or to the operation of navigation of such aircraft while within the said territoiy shall apply to the designated airline of the other Contracting Party.

2. The laws and regulations of one Contracting Party governing entry to, stay in or departure from its territory of passengers, crew, baggage, cargo or mail, such as formalities regarding entry, exit, emigration, immigration, customs, health and quarantine shall apply to passengers, crew, baggage, cargo and mail carried by the aircraft of the designated airline of the other Contracting Party, while they are within the said territory.

3. The laws and regulations referred to in this Article shall be applied equally to any aircraft engaged in an international air service of the designated airlines of both Contracting Parties.

Article 7

Exepmtion From Taxes, Customs Duties and other Charges

1. Aircraft operated on international air services by a designated airline of one Contracting Party, as well as their regular equipment, spare parts, supplies of fuel and lubricants, aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempted from all taxes, customs duties, inspection fees and other similar charges on arriving in the territory of the other Contracting Party, provided such equipment, spare parts, supplies and stores remain on board the aircraft up to such time as they are re-exported or are used or consumed by such aircraft on flights over that territory.

2. There shall also be exempt from the taxes, duties, fees and charges referred to in paragraph 1 of this Article, with the exception of charges based on the cost of the service provided:

a. aircraft stores taken on board in the territory of one Contracting Party, within reasonable limits, for use on an outbound aircraft engaged in an international air service of a designated airline of the other Contracting Party;

b. spare parts, including engines, introduced into the territory of one Contracting Party for the maintenance or repair of aircraft engaged in an international air service of a designated airline of the other Contracting Party;

c. fuel, lubricants and consumable technical supplies introduced into or supplied in the territory of one Contracting Party for use in an international air service of a designated airline of the other Contracting Party, even when these supplies are to be used on the part of the journey performed over the territory of the first mentioned Contracting Party, in which territory they are taken on board.

3. Materials referred to in paragraph 2 of this Article may be required to be kept under customs supervision or control.

4. The regular airborne equipment, as well as the materials, supplies and spare parts normally retained on board aircraft operated by a designated airline of one Contracting Party, may be unloaded in the terrilory of the other Contracting Party only with the approval of the customs authorities of that Contracting Party, in such case, they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.

5. Necessary airline documents, such as timetables, air tickets and air waybills, intended for use of a designated airline of one Contracting Party and introduced into the territory of the other Contracting Party, shall be exempted from taxes, customs duties, inspection fees and other similar charges in the latter territory.

Article 8

Direct Transit Traffic

1. Passengers, baggage, cargo and mail in direct transit across the territory of either Contracting Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against acts of violence, air piracy and smuggling of narcotic drugs, be subject to no more than a simplified control.

2. Baggage, cargo and mail in direct transit across the territory of a Contracting Party shall be exempt of customs duties, fees and other similar charges not based on the cost of services on arrival or departure.

Article 9

Principles Governing Operation of Agreed Services

1. There shall be fair and equal opportunity, and esqual capacity entitlement, for the designated airlines of both Contracting Parties to operate the agreed services on the specified routes between their respective territories.

2. In operating the agreed services the designated airline of each Contracting Party shall take into account the interests of the designated airline of the other Contracting Party so as not to affect unduly the services which the latter provides on the whole or part of the same routes.

3. The agreed services provided by the designated airlines of the Contracting Parties shall bear a close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to the current and reasonably anticipated requirements for the carriage of passengers arid cargo, including mail, between the territories of the Contracting parties.

Article 10

Approval Of Traffic Programmes

1. The airline designated by one Contracting Party shall submit its traffic programmes (for the summer and winter traffic periods) for approval to the aeronautical authorities of the other Contracting Party at least thirty (30) days prior to the beginning of the operation. The programme shall include in particular the timetables, the frequency of the services and the types of aircraft to be used. The aeronautical authorities shall give their decision on such traffic programme submissions within twenty (20) days from the date the airline concerned submits its programme for approval.

2. Each alteration in the traffic programme as well as requests for permission to operate additional flights shall be submitted by the airline designated by one Contracting Party for approval to the aeronautical authorities of the other Contracting Party. Such requests for alteration or for additional flights shall be dealt with promptly by the aeronautical authorities.

Article 11

Operation of Leased Aircraft

A designated airline of either Contracting Party may, in accordance with the laws and regulations of the Party concerned, use an aircraft other than one owned by it on the agreed services. The use of a leased, chartered or interchanged aircraft shall fulfil the following conditions:

i) the leasing arrangements shall not be equivalent to allowing a lessor airline of a third State access to traffic rights not otherwise available to that airline;

ii) the financial benefit to be obtained by the lessor airline shall not be dependent on profit or loss of the operations of the designated airline concerned; and

iii) responsibility for the continued airworthiness and the adequacy of operating and maintenance standards of any leased aircraft shall be established in accordance with applicable provisions of the Chicago Convention, including Notes 1 and 2 in Chapter 3, Part 1, Annex 6.

Article 12

Information And Statistics

The aeronautical authorities of one Contracting Party shall supply to the aeronautical authorities of the other Contracting Party, at their request, such periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services by the designated airline of the first Contracting Party. Such statements shall include information on the amount of traffic carried by such airline on the whole or any part of the agreed services.

Article 13

Tariffs

1. The tariffs on any agreed service shall be establislied at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit, characteristics of service (such as standards of speed and accommodation), the interests of users and the tariffs of other airlines for any part of the specified route. These tariffs shall be fixed in accordance with the fallowing provisions of this Article.

2. Each tariff shall be filed for the approval of the aeronautical authorities of both Contracting Parties at least thirty (30) days (or such shorter period as the aeronautical authorities of both Contracting Parties may agree) before the proposed date of its introduction.

3. Each proposed tariff may be approved by the aeronautical authorities of either Contracting Party at any time. In the absence of such approval it will be treated as having been approved by the aeronautical authorities of a Contracting Party unless within twenty (20) days after the date of filing the aeronautical authorities of that Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of disapproval of the proposed tariff. If, however, either of the aeronautical authorities gives such written notice of disapproval the aeronautical authorities may at the request of either try to determine the tariff by agreement.

4. If the aeronautical authorities cannot determine a tariff under the provisions of paragraph 3 of this Article the dispute may at the request of either be settled in accordance with the provisions of Article 21 of this Agreement.

5. Each tariff established in accordance with the provisions of this Article shall remain in force until it has been replaced by a new tariff determined in accordance with the provisions of this Article. Unless otherwise agreed by the aeronautical authorities of both Contracting Parties a tariff shill not have its validity extended by virtue of this paragraph for more than twelve (12) months after the date on which it would otherwise have expired.

6. Notwithstanding the provisions of this Article, the tariffs to be charged by a designated airline of the Socialist Republic of Viet Nam for carriage wholly within the European Union shall be subject to European Union law.

Article 14

Fair Competition

1. There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to participate in international air transportation covered by this Agreement.

2. Each Contracting Party shall, where necessary, take all appropriate actions within its jurisdiction to eliminate all forms of discrimination or unfair competitive practices adversely affecting the competitive position of the designated airline of the other Contracting Party.

Artiecle 14b

Competition Rules

1. The Contracting Parties agree, that the following airline practices may be regarded as possible anti-competitive practices that may merit closer examination:

a) charging fares and rates on routes fit levels which are, in the aggregate, insufficient to cover the costs of providing the services to which they relate;

b) the addition of excessive capacity or frequency of service;

c) the practices in question are sustained rather than temporary;

d) the practices in question have a serious negative economic effect on, or cause significant damage to, another airline;

e) the practices in question reflect an apparent intent or have the probable effect, of crippling, excluding or driving another airline from the market; and

f) behaviour indicating an abuse of dominant position on the route.

2. The grant of Slate aid and/or subsidy shall be transparent between the Contracting Parties, and shall not distort competition among the designated airlines of the Contracting Parties. The Contracting Parties concerned shall furnish the other Contracting Party, upon request, with complete information on such grant and any revision to or extension of such grant. Such information shall be treated with the utmost sensitivity and confidentiality.

3. If the aeronautical authorities of one Contracting Party consider the an operation or operations intended or conducted by the designated airline of the other Contracting Party may constitute unfair competitive behaviour in accordance with the indicators listed in paragraph 1, or any discrimination by means of unduly state aid and/or subsidy by the other Contracting Party, they may request consultation in accordance with Article 20 (Consultations) with a view to resolving the problem. Any such request shall be accompanted by notice of the reasons for the request, and the consultation shall begin within 15 days of the request.

4. If the Contracting Parties fail to reach a resolution of the problem through consultations, either Party may invoke the dispute resolution mechanism under Article 21 (Settlement of Disputes) to resolve the dispute.

5. Each Contracting Party shall have the right to withhold, revoke, suspend, impose conditions or limit the operating authorizations with respect to an airline designated by the other Contracting Party temporarily should there be reasonable ground to believe that unfair or anti-competitive practices related to paragraphs 1 and 2 committed by the other Contracting Party or its designated carrier seriously affects the operation of its designated airline.

Article 15

Commercial Activities

1. The designated airline of each Contracting Party shall have the right to maintain in the territory of the other Contracting Party within the scope of the laws and regulations in force therein, such offices and administrative, commercial and technical personnel as may be necessary for the requirements of the designated airline concerned.

2. The designated airlines of the Contracting Parties shall be free to sell air transport services on their own transportation documents in the territories of both Contracting Parties, either directly or through an agent, in any currency in accordance with local regulations. Each Contracting Party shall refrain from restricting the right of the designated airline of the other Contracting Party to promote and sell, and of any person to purchase such transportation.

3. Each designated airline shall have the right to provide its own ground handling services in the territory of the other Contracting Party or otherwise to contract these services out, in full or in part, at its option, with any of the suppliers authorized for the provision of such services. Where or as long as the laws and regulations applicable to ground handling in the territoiy of one Contracting Party prevent or limit either the freedom to contract these services out or self-handling, each designated airline shall be treated on a non-discriminatory basis as regards their access to self-handling and ground handling services provided by supplier or suppliers.

Article 16

User Charges

1. A Contracting Party shall not impose on the designated airline of the other Contracting Party user charges higher than those imposed on its national airlines operating similar international air services.

2. Each Contracting Party shall encourage consultation on user charges between its competent charging authorities and the airlines using the services and facilities provided by those charging authorities, where practicable through those airlines’ representative organizations. Reasonable notice of any proposals for changes should be given to such users to enable them to express their views before changes are made. Each Contracting Party shall furthermore encourage its competent charging authorities and such users to exchange appropriate information concerning such charges.

Article 17

Transfer Of Funds

1. The designated airlines of the Contracting Parties shall be free to transfer the excess of the receipts over expenditure in the territory of the sale. The revenues from sales of air transport services, including ancillary or supplemental services related to such sales, provided directly or through agents, as well as commercial interest, earned on such revenues while on deposit awaiting transfer, shall be included in such net transfer.

2. Such transfers shall be effected in a freely convertible currency at the prevailing market rate of exchange and shall not, within the exception of normal banking charges and procedures, be subject to any change, limitation, imposition or delay after the airline concerned has discharged all undisputed local financial obligations.

Article 18

Recognition of Certificates and Licences

Certificates of airworthiness, certificates of competency and licenses issued, or validated by one Contracting Party and unexpired shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services on the specified route, provided that the requirements under which such certificates or licences were issued, or rendered valid are equal to or above the minimum standards which may be established from time to time pursuant to the Chicago Convention. Each Contracting Party, however, reserves the right to refuse to recognize, for flights above its own territory, certificates of competency and licenses granted to its own nationals by the other Contracting Party.

Article 19

Aviation Security

1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970, and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23, 1971.

2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safely of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil air navigation.

3. The Contracting Parties shall act in conformity with the aviation security provisions established by the international Civil Aviation Organization and designated as Annex to the Convention to the extent that such security provisions and requirements, are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airports in their territory act in conformity with such aviation security provisions.

4. Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions and requirements referred to m paragraph 3 above required by the other Contracting Party for entry into, departure from, or while within the territory of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

5. When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.

Article 20

Consulations

In a spirit of close co-operation the aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of and satisfactory compliance with the provisions of this Agreement.

Article 21

Settlement of Disputes

1. If any dispute arises between the Contracting Parties telating to the interpretation or application of this Agreement, the Contracting Parties shall, in the first place, endeavour to settle it by negotiation.

2. If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body; if they do not so agree, the dispute shall, at the request of either Contracting Party, be submitted for decision to a tribunal of three arbitrators, one to be dominated by each Contracting Party and the third to be appointed by the two so nominated. Each of the Contracting Parties shall nominate and arbitrator within a period of sixty (60) days from the date of the receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute by such a tribunal and the third arbitrator shall be appointed within a further period of sixty (60) days. If either of the Contracting Parties fulls to nominate an arbitrator within a period specified, the President of the Council of the International Civil Aviation Organization may at the request of either Contracting Party appoint an arbitrator or arbitrators as the case requires. The third arbitrator shall be a national of a third state and shall act as president of the arbitral tribunal.

3. The Contracting Parties shall comply with any decision given under paragraph 2 of this Article.

4. Each Contracting Party shall bear the cost of the arbitrator appointed by it. All other expenses of the arbitral tribunal, including the fees and expenses of the third arbitrator, shall be equally shared between the Contracting Parties.

5. The Tribunal shall determine its own procedures.

Article 22

Amendments

1. If either of the Contracting Parties considers it desirable to modify any provision of this Agreement, it may request consultations with the other Contracting Party. Such consultations shall begin within a period of sixty (60) days from the date of the request, unless both Contracting Parties agree to an extension of this period. Any modification agreed in such consultations shall be approved by each Contracting Party in accordance with its legal procedures and shall enter into force on the first day of the second month after the Contracting Parties have notified each other that these procedures have been complied with.

2. Notwithstanding the provisions of paragraph 1 of this Article, amendments relating only to the Annex may be agreed upon between the aeronautical authorities of the Contracting Parties and shall become effective as agreed between them.

Article 23

Termination

1. Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate this Agreement. Such notice shall simultaneously be communicated to the International Civil Aviation Organization.

2. In such ease this Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Contracting Party. In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.

Article 24

Multilateral Conventions

If a general multilateral air convention enters into force in respect of both Contracting Parties, the provisions of such convention shall prevail. Consultations in accordance with article 20 of this Agreement may be held with a view to determining the extent to which this Agreement is affected by the provisions of the said multilateral convention.

Article 25

Registration with ICAO

This agreement and any amendments thereto shall be registered with the International Civil Aviation Organization.

Article 26

Entry Into Force

This Agreement shall enter into force on the first day of the second month after the Contracting Parties have notified each other through diplomatic channels that the procedures necessary for the entry into force of this Agreement have been completed.

IN WITNESS WHEREOF the undersigned being duly authorised thereto by their respective Governments, have signed this Agreement in duplicate in the Vietnamese, Finnish, Swedish and English languages, all texts being equalty authentic. In case of any divergence of interpretation, the English language text shall prevail.

Done at Ha Noi on 20^th October 2014

ANNEX

to the Air Services Agreement between the Government of the Socialist Republic of Viet Nam and the Government of the Republic of Finland

Section 1

Routes which may be operated by the designated airline of the Socialist Republic of Viet Nam, in both directions;

Section 2

Routes which may be operated by the designated airline of the Republic of Finland, in both directions:

Noties:

1) Any of the points on the specified routes in Sections 1 and 2 of this Annex may at the option of the designated airline of either Contracting Patty be ornitted on any or all flights, provided that these flights originate in the territory of the Contracting Party designating the airline.

2) The intermediate and beyond points on the specified routes in Section 1 are to be named by Finland and notified to Viet Nam. The point(s) chosen may at the option of Finland, be altered, in which case the new point(s) shall be notified to Viet Nam.

3) The intermediate and beyond points on the specified routes in Section 2 are to be named by Viet Nam and notified to Finland. The point(s) chosen may at the option of Viet Nam, be altered, in which case the new point(s) shall be notified to Finland.