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越南民航法 LAW ON CIVIL AVIATION OF VIET NAM 2006

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:

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b) The effective control is vested in the State where the air carrier has its principal office.
2. A foreign air carrier establishing its representative office and booking office shall submit to the Ministry of Transport a set of documents, which includes:
a) The application letter for setting up representative office, booking office;
b) The document indicating its legal status and Charter of the air carrier;
c) The document certifying the conditions specified in paragraph 1 of this Article, which is issued by the competent authority of the State where the air carrier has its principal office, except for the case it has been granted air traffic rights for scheduled services to Viet Nam;
d) The document certifying rights to use premises as its representative office, booking office;
e) The ticket’s specimen intended for sale or issuance in Viet Nam.
3. The Ministry of Transport shall decide whether or not to grant the permission for setting up representative office, booking office to the foreign air carrier within seven working days from the date of receipt of the required documents specified in paragraph 2 of this Article.
4. Foreign air carrier who applies for the permission for setting up representative office, booking office shall pay fees.
5. The permission granted to a foreign air carrier shall be withdrawn in the following cases:
a) That air carrier fails to meet the conditions specified in paragraph 1 of this Article;
b) The selling of air tickets is not performed within twelve months from the date on which the permission has been issued;
c) The selling of air tickets has been suspended for twelve consecutive months;
d) The operation of the representative office and booking office is not for the right purpose and is not in conformity with the permission;
e) The defrauding acts towards clients have been found;
f) The air carrier seriously violates the regulations on air transportation business or operation of the computerized reservation system;
g) In the cases when it is deemed necessary to ensure the right to set up a similar representative office, booking office by Vietnamese air carriers in the State of the foreign air carrier.
Rights and obligations of foreign air carrier representative office, booking office
1. To operate for the right purpose, within the scope and validity period specified in the permission for setting up representative office, booking office.
2. To lease head office and hire and purchase vehicles and facilities necessary for the operation of the office.
3. To employ national, non-national personnel to work in the office in accordance with the laws of Viet Nam on labour.
4. To open foreign currency account, Vietnamese Dong account at banks operating in Viet Nam and that account shall only be used for the office’s activities.
5. To use a stamp with the registered office’s name in accordance with the laws of Viet Nam on enterprises.
6. The representative office shall not be allowed to conduct direct profit-generated activities in Viet Nam; enter into a contract, except the cases specified in paragraphs 2, 3 and 4 of this Article; amend and supplement the contract concluded by the air carrier, unless that contract which is concluded by the representative office or by its manager duly authorized in writing by that air carrier.
7. To pay taxes, charges and fees and comply with financial obligations, accounting regime provided for by the laws of Viet Nam.
8. To report on the office’s activities on a regular basis or upon request to the Ministry of Transport.
Conditions, formalities and registration of sales agent contracts of foreign air carriers
1. A foreign air carrier who wishes to appoint its sales agent in Viet Nam shall meet the conditions specified in paragraph 1 of the Article 123 of this Law.
2. The sales agent for foreign air carrier shall only perform the sale of air tickets after its sales agent contract has been registered with the Ministry of Transport.
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