Establish representative offices of foreign airlines in Vietnam. Procedures for granting, re-issuance licenses to establish representative offices of foreign airlines in Vietnam. Let us learn about this topic with LSX Law firm below:
Legal grounds
Circular 21/2020/TT-BGTVT amending a number of circulars on aviation
Procedures for granting a license to establish representative offices of foreign airlines in Vietnam
Dossier of application for a license to establish a representative office of a foreign airline in Vietnam
The foreign airline that applies for a license to establish a representative office or ticket office; shall submit 1 set of dossiers in person; or by post or other suitable means to the Civil Aviation Authority of Vietnam; and shall be responsible for the information contained in the file.
Dossier includes:
Firstly, a written request made according to the form specified in Appendix III issued together with Circular 21/2020/TT-BGTVT;
Secondly, a copy of the establishment license or certificate of enterprise registration; or equivalent documents of the airline (in Vietnamese or English);
Thirdly, a copy of the airline’s operating charter (in Vietnamese or English);
In addition, Copies of documents certifying the right to use the head office where the representative office; or ticket office in Vietnam is located;
Lastly, a copy from the original book or a copy and present the original for comparison; or a certified copy (in case of direct application); a certified copy (in case of submission by post) for the document appointing the head of the representative office or ticket office (in Vietnamese or in English).
The time limit for processing dossiers of application for license to establish representative offices of foreign airlines in Vietnam
Within 05 working days from the date of receipt of the complete dossier; as prescribed, the Civil Aviation Administration of Vietnam shall appraise and issue the License according to the form specified in Appendix XIII issued together with Circular 21. 2020/TT-BGTVT; if the License is not granted; the Civil Aviation Administration of Vietnam must clearly state the reason in writing.
In case the application file for a License is incomplete as prescribed; within 02 working days from the date of receiving the dossier; The Civil Aviation Authority of Vietnam shall send a written request to the airline to complete the dossier; also the time limit for settlement shall be counted from the date of receipt of a complete dossier as prescribed.
Validity of representative office establishment license
In general, a license for establishing a representative office or ticketing office takes effect from the date of signing. It expires due to its revocation in case of violation of Clause 5; Article 123 of the Law on Civil Aviation of Vietnam or at the airline’s request.
Procedures for re-issuance a license to establish representative offices of foreign airlines in Vietnam
In case of change of one of the License contents for establishing a representative office; the ticket office has been granted; The foreign airline shall submit 01 application for re-grant of the establishment license directly or by post or other appropriate forms the Civil Aviation Authority of Vietnam. It must be responsible for the information in the file.
Dossier includes:
A written request made according to the form specified in Appendix IV to this Circular and documents related to the proposed change, in Vietnamese or English;
The time limit for processing applications
In general, within 03 working days from the date of receipt of the complete dossier as prescribed; the Civil Aviation Administration of Vietnam is responsible for assessing and re-granting the License according to the form specified in Appendix XIII issued with this Circular. ;
In case the application file for re-issuance of the license is incomplete as prescribed, within 02 working days from the date of receipt of the application; the Civil Aviation Authority of Vietnam shall send a written request to the airline to complete the application and request the airline to complete the application. The time limit for settlement shall starts from the date of receipt of complete dossiers as prescribed.
In addition, the airline shall request the grant and re-grant of the License to establish a representative office or ticket office and pay fees under the law.
Moreover, the airline that requests for re-issuance of the License due to its damage or loss shall follow the order and procedures specified in Clause 4, Article 10 of the circular.
In case the License is revoked; the Civil Aviation Authority of Vietnam shall issue a decision to withdraw the License, and the airline must immediately terminate the operation of the Representative Office and Ticket Office.”
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Related questions
According to Clause 2, Article 44 of the Enterprise Law 2020, a Representative Office is: “a dependent unit of an enterprise, responsible for representing the enterprise’s interests and protecting those interests.”
As a dependent unit of the company, the Representative Office has no legal status.
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