JOINT CIRCULAR

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

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

Pursuant to April 26, 2002 Ordinance No. 40/2002/UBTVQH10 on Prices;

Pursuant to the Governmentrsquo;s Decree No. 170/2003/ND-CP of December 25, 2003, detailing a number of articles of the Ordinance on Prices, and Decree No. 75/2008/ND-CP of June 9, 2008, amending and supplementing a number of articles of Decree No. 170/2003/ND-CP of December 25, 2003;

Pursuant to the Governmentrsquo;s Decree No. 83/2007/ND-CP of May 25, 2007, on administration of the operation of airports and airfields;

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

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

In furtherance of the Governmentrsquo;s Resolution No. 45/NQ-CP of November 16, 2010, on simplification of administrative procedures within the scope of management of the Ministry of Transport, and Resolution No. 68/NQ-CP of December 27, 2010, on simplification of administrative procedures within the scope of management of the Ministry of Finance;

The Ministry of Finance and the Ministry of Transport jointly amend and supplement Joint Circular No. 103/2008/TTLT-BTC-BGTVT of November 12, 2008, of the Ministry of Finance and the Ministry of Transport guiding the management of domestic air fare and freight rates and air service charge rates at Vietnamese airports and airfields, as follows:

Article 1. To amend and supplement a number of provisions of Joint Circular No. 103/2008/TTLT-BTC-BGTVT as follows:

1. To amend and supplement Point 3.2.1, Clause 3 ldquo;Competence and responsibility of agencies and service providers for elaborating, submitting and evaluating charge rate plans and deciding on service charge ratesrdquo;:

ldquo;3.2.1. Directing and guiding service providers in working out charge rate plans and brackets and setting fuel surcharges; organizing the evaluation of charge rate plans and brackets and fuel surcharges elaborated and set by service providers; and making written official proposals on service charge rate and charge rate brackets and the maximum fuel surcharge level specified at Item 3.1, Point 3, Section II of this Circular to the Finance Ministry for decision. The time limit for such evaluation complies with Clause 2, Article 10 of the Governmentrsquo;s Decree No. 170/2003/ND-CP of December 25, 2003, detailing a number of articles of the Ordinance on Prices.rdquo;

2. To amend and supplement Point 4.3.1, Clause 4 ldquo;Registration of service charge ratesrdquo;:

ldquo;4.3.1. Charge rate registration shall be made by service providers by sending 2 dossier sets directly or by post to the charge rate registration dossier-receiving agencies being the Ministry of Transport (the Civil Aviation Administration of Vietnam) and the Ministry of Finance (the Price Management Department), one set each, before the application of registered charge rates. Past 5 working days (counting from the time of receiving the charge rate registration dossier as indicated by the incoming letter receipt mark made by the charge rate registration form-receiving agency), if the charge rate registration dossier-receiving agency makes no request for explanation, service providers may start providing services at registered charge rates and publicly post up charge rates under law.rdquo;

3. To amend and supplement Point 5.1, Clause 5 ldquo;Declaration of service charge ratesrdquo;:

ldquo;5.1. Service providers shall declare service charge rates under Item 5.2, Point 5, Section II of this Circular. A charge rate declaration dossier shall be made in 2 sets and sent directly or by post to the charge rate declaration dossier-receiving agencies being the Ministry of Transport (the Civil Aviation Administration of Vietnam) and the Ministry of Finance (the Price Management Department), one set each, before the application of declared charge rates. The time limit for the dossier-receiving agencies to process the dossier is 5 working days (counting from the time of receiving the charge rate declaration dossier as indicated by the incoming letter receipt mark made by the charge rate registration form-receiving agency). Past this time limit, if the charge rate declaration dossier-receiving agency makes no request for explanation, service providers may start providing services at declared charge rates and publicly post up charge rates under law.rdquo;

4. To amend and supplement Clause 6 ldquo;Negotiations on air service charge ratesrdquo;:

4.1. To amend and supplement Point 6.3.4:

ldquo;6.3.4. A charge rate negotiation dossier shall be made according to a set form (not printed herein) by the service provider and purchaser, with one set sent directly or by post to the agency competent to organize charge rate negotiations and one set by post or e-mail concurrently to the buyer (or provider).rdquo;nbsp;nbsp;

4.2. To add Point 6.4 on ldquo;Sequence of negotiationrdquo;:

ldquo;6.4. Sequence of negotiation:

a/ After receiving a charge rate negotiation dossier, within 5 working days, if finding that the dossier of the production or business organization or individual is incomplete according to regulations, the agency competent to organize charge rate negotiations shall make a written request to the parties to the negotiations to comply with regulations;

b/ Within 15 working days after receiving a complete charge rate negotiation dossier according to regulations, the agency competent to organize charge rate negotiations shall organize charge rage negotiations;

c/ At the charge rate negotiation meeting:

- The agency competent to organize charge rate negotiations shall present the purpose, requirements and contents of charge rate negotiations, request the provider and buyer to present their charge rate negotiation dossiers and plans, and hear the opinions of related agencies participating in the negotiations;

- The agency competent to organize charge rate negotiations shall make conclusions and make a minutes (signed by the agency and the representatives of the provider and buyer), then make a written notice of the negotiation results for compliance by the provider and buyer.

d/ Production and business organizations and individuals requesting charge rate negotiations may withdraw their charge rate negotiation dossiers and reach agreement on the selling and buying prices or charges of goods or services for which charge rate negotiations are requested, before the competent agency organize negotiations.rdquo;

4.3. To change ordinal number 6.4 into 6.5.

Article 2. This Circular takes effect 45 days from the date of its signing. Other contents of Joint Circular No. 103/2008/TTLT/BTC-BGTVT, which are not amended and supplemented under this Joint Circular, remain effective.

Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance and the Ministry of Transport for study and settlement.