时间：2014-12-21 09:06来源：蓝天飞行翻译公司 作者：民航翻译 点击：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. 2. Air transportation business is a conditional business, which shall be done by air transportation enterprises (hereinafter referred to as air carriers). Conditions for granting air transportation business permission 1. An enterprise shall be granted with air transportation business permission if it meets the following conditions: a) It has a Business Registration Certificate indicating that its main scope of business is air transportation; b) It has a plan of acquiring aircraft; c) It has an appropriate organizational structure and personnel who are suitably certified to ensure the operation of aircraft and air transportation business; d) It has sufficient capital as specified by the Government; e) It has a business plan and strategy for the development of air transport products in line with the market’s demands and the civil aviation industry planning; f) It has a principal office and place of business in Viet Nam; 2. In addition to the conditions set out in paragraph 1 of this Article, a foreign-invested enterprise shall be granted with air transportation business permission if it meets the following conditions: a) The ratio of foreign-invested capital is in conformity with the stipulations by the Government; b) Legal representative of the foreign-invested enterprise shall be a Vietnamese national and foreign nationals shall not account for more than one third of the management machinery. 3. The air transportation business permission shall be granted by the Minister of Transport upon the approval of the Prime Minister. 4. An enterprise applying for air transportation business permission shall pay fees. 5. The Government shall specify specific conditions, procedures, and formalities for granting the air transportation business permission. Conditions of Carriage 1. The Conditions of carriage shall be an integral part of an air transportation contract, providing for conditions met by air carriers for the transportation of passengers, baggage, cargo, parcels and mail by air. 2. The Conditions of carriage shall not be contrary to the provisions of this Law and those of international conventions to which the Socialist Republic of Viet Nam is a contracting party. 3. Air carriers shall establish their Conditions of carriage and register them with the Ministry of Transport. Section 2 AIR TRANSPORTATION OPERATION Air traffic rights 1. Air traffic rights means the rights to conduct commercial air transportation with terms and conditions as to air carriers, routes, aircraft and flights, and who and what may be transported. 2. Air carriers shall operate within the scope of the air traffic rights which are granted by the Ministry of Transport. It is not allowed to trade the air traffic rights or undertake any prohibited competition acts or unfair competition. 3. Air carriers shall be allowed to conduct commercial promotion and commercial air transportation activities only after being granted air traffic rights by the Ministry of Transport. Procedures for granting air traffic rights 1. Vietnamese air carriers applying for air traffic rights for scheduled services shall submit a set of documents to the Ministry of Transport. The documents shall include: The application letter for air traffic rights; The Air Operator Certificate (AOC); The route schedule report and tentative operation plan; The documents indicating their legal status and Charter of the air carrier. 2. Foreign air carriers applying for air traffic rights for scheduled services shall submit a set of documents to the Ministry of Transport. The document shall include: As provided for in paragraph 1 of this Article; b) Their State letter designating or confirming the designation of these air carriers to perform air transportation under international conventions to which the Socialist Republic of Viet Nam is a contracting party. 3. The Ministry of Transport shall consider whether or not to grant air traffic rights for scheduled services within 10 working days from the date of receipt of the required documents. |
