Decree of the Minister for Foreign Affairs No. 5 / 1979 Coll.
Decree of the Minister for Foreign Affairs on the Civil Aviation Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Socialist Republic of Vietnam
Valid
Effective from 14.07.1978
5
DECLARATION
Minister for Foreign Affairs
of 11 December 1978
on the Agreement on Civil Aviation between the Government of the Czechoslovak Socialist Republic and the Government of the Socialist Republic of Vietnam
On 24 January 1978 the Agreement on Civil Aviation between the Government of the Czechoslovak Socialist Republic and the Government of the Socialist Republic of Vietnam was signed in Prague. The Agreement entered into force on 14 July 1978 pursuant to Article 19 thereof.
The Czech version of the Agreement is hereby published at the same time.
Minister:
Ing. Chupek v. r.
AGREEMENT
on civil air transport between the Government of the Czechoslovak Socialist Republic and the Government of the Socialist Republic of Vietnam
The Government of the Czechoslovak Socialist Republic and the Government of the Socialist Republic of Vietnam, led by the wish to conclude an agreement allowing the development of civil aviation between the two countries, have agreed as follows:
For the purposes of this Agreement and its Annexes:
1. The term "Aviation Authority" means, as regards the Czechoslovak Socialist Republic, the Federal Ministry of Transport, and as regards the Socialist Republic of Vietnam, the Directorate-General for Civil Aviation, or, in both cases, any other person or body responsible for carrying out the tasks currently carried out by the aforementioned aviation authorities.
2. The term "air undertaking" means any air transport undertaking offering or operating an international air service.
3. The term "designated airline 'means an air undertaking designated by one Contracting Party by a written notification to the other Contracting Party in accordance with Article 3 of this Agreement for the purpose of operating the agreed services on the lines established in accordance with Article 2 (1) of this Agreement.
4. The term "territory of a State" shall mean land areas (continental or island) and adjacent territorial waters under the sovereignty of that State.
5. The term "air service" shall mean any scheduled air service provided by an aircraft for the public transport of passengers, mail and goods.
6. The term "international air service 'means an air service that passes through airspace over the territory of two or more States.
7. The term "non-commercial landing" shall mean a landing not intended to carry passengers, goods or mail.
8. The term "Annex" shall mean the Annex to this Agreement and its Appendices drawn up in accordance with the provisions of Article 16 of this Agreement. The Annex shall form an integral part of the Agreement.
1. Each Contracting Party shall grant the other Contracting Party the rights set out in this Agreement in order to enable international air services to be established and operated on the lines set out in the relevant part of the Annex (hereinafter referred to as "agreed services' and" specified lines').
2. The designated airline of each Contracting Party shall enjoy the following rights when operating the agreed service on a specified route:
(a) fly without landing through the territory of the other Contracting Party in a flight path designated by the other Contracting Party;
(b) land in that territory for non-commercial purposes at airports designated by the other Contracting Party;
(c) land in that territory at the point set out for this route in the Annex to this Agreement for the purpose of bringing passengers, goods and mail in international transport in accordance with the provisions of this Annex.
3. The provisions of paragraph 2 of this Article shall not empower a designated air undertaking of one Contracting Party to dispose of passengers, goods or mail in the territory of the other Contracting Party for carriage to another point in the territory of that Contracting Party for consideration or rent.
1. Each Contracting Party shall have the right to designate, by written notification to the other Contracting Party, an air undertaking to operate the agreed services on specified lines.
2. Upon receipt of a written notification, the other Contracting Party shall, without delay, grant, subject to the provisions of paragraphs 3 and 4 of this Article, the relevant operational authorisation to the designated air undertaking.
3. The Air Authority of one Contracting Party may require an air undertaking designated by the other Contracting Party to demonstrate its competence to comply with the conditions laid down by the laws and regulations which it normally and appropriately applies in the operation of international commercial air services.
4. Each Contracting Party shall have the right to refuse to grant the operating authorisations referred to in paragraph 2 of this Article or to impose on the designated air undertaking of the other Contracting Party, in the exercise of the rights set out in Article 2 of this Agreement, such conditions as it deems necessary, in any case where it is not satisfied that a substantial part of the ownership and effective control of the designated air undertaking belongs to that other Contracting Party or its nationals.
5. As soon as the airline has been so designated and authorised, it may, at any time, commence the operation of the agreed services provided that the air traffic programme has been approved by the aviation authority of the other Contracting Party and that the tariffs established in accordance with the provisions of Article 12 of this Agreement will be in force for such services.
1. Each Contracting Party shall have the right to revoke or suspend the exercise of the rights set out in Article 2 of this Agreement to an air undertaking designated by the other Contracting Party or to impose on the use of such rights such conditions as it considers necessary:
(a) where the airline does not comply with the laws and regulations of the Party providing those rights;
(b) where that Contracting Party is not satisfied that a substantial part of the ownership and effective control of the air undertaking belongs to the Contracting Party which designated that air undertaking or its nationals;
(c) in the event that the air undertaking does not operate air services under the conditions laid down in this Agreement.
2. If the immediate revocation of operating authorisations, termination of exercise of rights or the imposition of conditions for the reasons set out in paragraph 1 of this Article is not necessary to prevent further infringements of laws and regulations, this right shall be exercised only after consultation with the other Contracting Party.
1. The laws and other laws of each Contracting Party governing the entry into and exit from its territory of aircraft operating international flights or relating to the operation and flight of such aircraft within its territory shall also be binding on aircraft of an air undertaking designated by the other Contracting Party.
2. The laws and other laws of one Contracting Party governing entry, residence, transit and exit from it for passengers, crew members, goods and mail, such as entry, exit, emigration, immigration, travel documents, customs legislation, quarantine and foreign exchange regulations, shall apply to passengers, air crew, goods and mail carried by aircraft of a designated air undertaking of the other Contracting Party, if they are located in that territory.
1. The aircraft of a designated air undertaking of one Contracting Party when flying over the territory of the other Contracting Party shall bear the nationality mark and the registration mark.
2. Aircraft of designated airlines performing agreed services on specified routes shall have a certificate of entry in the aviation register, a certificate of airworthiness, a permit to operate a radio station, a logbook, transport documents necessary for international flights and other documents which may be required by the authorities at the point of landing in the territory of each Contracting Party.
3. Except for a specific agreement, crew members shall be nationals of one or the other Contracting Party. He's got to have air IDs, diplomas and valid passports.
4. Documents issued or declared valid by one Contracting Party shall be recognised as valid by the other Contracting Party.
1. Aircraft used for the operation of international air services by the designated airline of each Contracting Party, as well as their usual equipment, spare parts, fuel and lubricating oil supplies and supplies on board (including food, beverages and tobacco) shall be exempt from all customs, inspection and other charges or charges on arrival in the territory of the other Contracting Party provided that such equipment and supplies remain on board the aircraft until they are re-exported.
2. Except for fees corresponding to services performed, they shall be exempt from the same benefits and charges:
(a) the stocks of aircraft taken on board in the territory of each of the Contracting Parties within the limits established by the authorities of that Contracting Party and intended exclusively for use on board an aircraft carrying out international air services of the other Contracting Party;
(b) spare parts imported into the territory of each of the Contracting Parties for the maintenance and repair of aircraft used in international air services by an air carrier of the other Contracting Party;
(c) fuel and lubricating oil needed to supply aircraft operating international air services to a designated air undertaking of the other Contracting Party, even if they are used or consumed on parts of the journey conducted over the territory of the Contracting Party on which they were taken on board.
The stocks and material referred to in paragraphs (a), (b), (c) shall be under customs control and control until they are used or re-exported.
3. The normal equipment of the aircraft, as well as the material and supplies retained on board the aircraft of one Contracting Party, may be landed in the territory of the other Contracting Party only with the agreement of the customs authorities of that Contracting Party. In such cases, they must be placed under customs control until they are re-exported or otherwise disposed of in accordance with customs legislation.
Where fees and other charges for the use of aerodromes and other facilities are not laid down by multilateral agreements involving parties, such fees and charges shall be levied at rates set by the competent authorities of each Contracting Party.
Passengers in direct transit through the territory of a Contracting Party who do not leave a part of an airport for that purpose shall be subject to a simplified check, except in the case of security measures. Luggage and goods in direct transit shall be exempt from customs duties and other charges.
1. Each Contracting Party shall grant, on the basis of reciprocity to a designated airline of the other Contracting Party within its territory, exemption from all taxes on profits or income resulting from the operation of the agreed air services.
2. The financial settlement of claims and liabilities arising from the implementation of this Agreement shall be effected in accordance with payment agreements concluded between the Parties.
3. Each Contracting Party undertakes to take appropriate measures to facilitate the transfer of revenue surpluses over expenditure effected within its territory by the designated air undertaking of the other Contracting Party, at the official rate of the bank in force on the date of the transfer and in accordance with the applicable foreign exchange rules.
1. The capacity of services operated by designated airlines on specified routes will be determined according to the expected transport demand and agreed between the aviation authorities of the two Contracting Parties.
2. When operating agreed air services designated by each Contracting Party, the air undertakings of each Contracting Party shall take into account the interests of the designated air undertaking of the other Contracting Party in order to avoid undue interference with the services provided by that air undertaking on a completely or partially identical route.
3. The air authorities of both Contracting Parties shall provide each other, on request, with such statistical data as may reasonably be required for the purpose of assessing the capacity offered on specified lines.
1. The tariffs applicable to agreed services shall be established in accordance with multilateral tariff agreements by which both Parties are bound.
2. In the absence of such agreements, tariffs will be agreed between designated airlines. The tariffs thus agreed shall be subject to the approval of the air authorities of the Contracting Parties.
3. If an agreement on tariffs cannot be reached in accordance with the procedure referred to in paragraphs 1 and 2 of this Article, the tariffs shall be agreed between the air authorities of the Contracting Parties.
The designated airline of each Contracting Party shall be entitled to maintain its representation in the territory of the other Contracting Party with commercial, administrative and technical personnel, the numbers of which shall be approved by the aviation authorities of both Contracting Parties. The Head of Mission, staff and local staff shall have the nationality of one or the other Contracting Party. They are required to comply with the laws and regulations of the local authorities.
1. In the event of an emergency landing or an accident of an aircraft of one Contracting Party within the territory of the other Contracting Party, that Contracting Party shall provide all assistance and investigate the circumstances of the accident.
2. The Contracting Party in whose country the aircraft has been registered and the designated aeronautical undertaking of that Contracting Party may send observers to participate in the investigation. Observers shall have the nationality of the relevant Contracting Party.
3. The expenses and expenses of assistance referred to in paragraph 1 of this Article shall be reimbursed by the Contracting Party in whose country the aircraft has been registered.
4. The designated aeronautical undertaking of one Contracting Party shall be liable for damage caused by aircraft used in the operation of the agreed services to persons and property within the territory of the other Contracting Party.
In the spirit of close cooperation, the aviation authorities of both Contracting Parties shall consult as necessary on the interpretation and satisfactory implementation of the provisions of this Agreement and its Annexes.
1. If one Contracting Party considers it desirable to amend or modify any provision of this Agreement, it may request the other Contracting Party to negotiate. Such negotiations as may be carried out between the aviation authorities, either by direct negotiation or in writing, must take place within 60 (60) days of the date of application.
2. Amendments to the Agreement thus agreed shall enter into force as soon as they are confirmed by exchange of diplomatic notes.
3. Amendments to the Annex to this Agreement may be made provisionally from a date agreed by the air authorities of the Contracting Parties and shall enter into force upon their confirmation by exchange of diplomatic notes.
4. If both Parties accede to the same multilateral international air transport agreement, this Agreement shall be adapted in such a way that it does not conflict with the provisions of this multilateral agreement.
Any dispute concerning the interpretation or implementation of this Agreement and its Annexes shall be settled by direct negotiation between the aviation authorities of the two Contracting Parties. If no agreement is reached between the aviation authorities, the dispute shall be settled by diplomatic means.
This Agreement shall be concluded for an indefinite period. Each Contracting Party may denounce it by diplomatic channels. If such termination has been given, this Agreement shall expire 12 (12) months after the date of receipt of the written notice of termination, unless it is withdrawn by mutual agreement between the Parties before the expiry of that period.
1. Each Contracting Party shall notify in writing to the other Party the approval of this Agreement in accordance with its national rules. The Agreement shall enter into force from the date of the last of these notifications.
2. The Agreement shall be provisionally implemented from the date of signature.
Dane in Prague on 24 January 1978 in two copies, in Czech, Vietnamese and French, the Czech and Vietnamese texts being equally valid. In the event of a different interpretation of this Agreement, its French text will be decisive.
In order to prove the signed agents, duly authorised by their governments, have signed this Agreement.
For the Government
Czechoslovak Socialist Republic:
P. Kalický v. r.
For the Government
The Republic of Vietnam:
Phung The Tai v. r.
ANNEX
Hanoi and / or City of Ho- Chi- Mina - point in Laos - point in Thailand or Burma - point in India - point in Pakistan - two points in the Soviet Union - Prague and / or Bratislava - four points behind Czechoslovakia, which will be determined later.
Prague and / or Bratislava - two points in the Soviet Union or two points between Czechoslovakia and India - Bombay or Delhi - Colombo - Rangoon or Bangkok or Phnom Penh or Vientiane - Singapore or Kuala Lumpur - Hanoi and / or the City of Ho- Chi- Mina - Singapore or Kuala Lumpur - Djakarta - Manila - Tokyo.
1. The designated airlines of the Contracting Parties shall, at the latest two months before the start of the operation of the agreed services between the Czechoslovak Socialist Republic and the Socialist Republic of Vietnam, discuss the conclusion of agreements aimed at facilitating the operation of those services and the handling of direct shipments between their countries in the common interest of designated airlines of the Contracting Parties.
2. The exercise of the fifth-freedom traffic rights by a designated airline of one Contracting Party on the sections where the designated airline of the other Contracting Party has third and fourth-freedom traffic rights shall be carried out in accordance with a trade agreement negotiated between the designated airlines of both Contracting Parties to be submitted for approval to the air authorities of the Contracting Parties.
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 5 / 1979 Coll., on the Civil Aviation Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Socialist Republic of Vietnam |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.01.1979 |
|---|---|
| Effective from | 14.07.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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