Exporting aircraft is a complex process that requires strict compliance with both Vietnamese and international legal regulations. This process not only involves the movement of a high-value asset but also requires coordination among various government agencies, adherence to international agreements, and proper execution of administrative procedures.

Vietnam has joined several important international agreements related to civil aviation, including the Chicago Convention on International Civil Aviation and the Cape Town Convention. These commitments have established a solid legal framework for aircraft export activities while ensuring Vietnam’s compliance with international standards on aviation safety and security.

Legal framework for aircraft exports from Vietnam

Aircraft export activities in Vietnam are regulated by a multi-tiered legal framework, including:

• Vietnam Civil Aviation Law: This is the highest legal document regulating civil aviation activities, including aircraft registration, deregistration, and export.
• Government Decrees: These provide detailed regulations to the Civil Aviation Law, specifying procedures for aircraft export and the responsibilities of relevant parties.
• Circulars of the Ministry of Transport: These provide guidelines for implementing regulations on technical inspections, issuing certificates of airworthiness, and other technical requirements.
• Regulations of the Civil Aviation Authority of Vietnam (CAAV): CAAV is the highest authority responsible for managing and supervising aviation activities, including approving and monitoring the aircraft export process.

CAAV plays a crucial role in the aircraft export process with the following authorities:

• Approving aircraft deregistration applications
• Inspecting and issuing certificates of airworthiness for export
• Monitoring the technical preparation process prior to export
• Coordinating with customs authorities and other relevant parties

For more information on regulations and investment in the aviation industry: https://luatminhnguyen.com/doanh-nghiep/nganh-nghe-kinh-doanh-vi/hang-khong/quy-dinh-dau-tu-kinh-doanh-hang-khong-viet-nam/

Aircraft export process: Legal steps

The aircraft export process from Vietnam involves numerous complex steps requiring thorough preparation and strict compliance:

1. Preparing the initial documentation

• Drafting and signing the aircraft export contract
• Preparing documents proving ownership or legal possession of the aircraft
• Confirm payment of all debts and financial obligations related to the aircraft

2. Procedures for deregistering the aircraft from the National Register

• Submit a request for deregistration to the Civil Aviation Authority of Vietnam (CAAV)
• Provide evidence that all registration marks and nationality marks have been removed from the aircraft
• Processing time: Typically takes 5-7 working days from the submission of a complete application

3. Procedures for obtaining an export airworthiness certificate

• Application for the Export Airworthiness Certificate
• Comprehensive technical inspection in accordance with CAAV and importing country standards
• Assessment of technical condition and compliance with mandatory technical requirements
• Validity period of the certificate: Typically valid for 60 days

Customs procedures for exporting aircraft

Aircraft are a special type of goods, therefore the customs procedures also have specific characteristics:

• Customs declaration: Conducted on the National Single Window Information System (Vietnam National Single Window)
• Physical inspection: Customs officers will conduct a physical inspection of the aircraft and verify it against the declared documents
• Taxes and fees: Exported aircraft are typically exempt from export taxes; however, administrative fees must still be paid
• Customs supervision: Aircraft are placed under customs supervision until they officially depart Vietnamese territory

Required documents and materials

A complete list of required documents includes:

• Aircraft export contract
• Aircraft registration certificate
• Certificate of airworthiness for export
• Technical documentation of the aircraft (maintenance and repair history)
• Certificate of payment of all debts and financial obligations
• Export Customs Declaration
• Export license (if the aircraft is classified as a controlled export item)
• Other documents as required by the importing country

Many documents require notarization and consular legalization, especially when exporting to countries that are not members of the Hague Convention on the Abolition of the Requirement of Legalization for Foreign Public Documents.

Challenges and solutions in the aircraft export process

Common legal issues encountered during the export of aircraft from Vietnam include:

• Handling security interests in aircraft: Aircraft are often assets with multiple parties holding interests
• Compliance with importing country regulations: Each country has its own technical and legal requirements
• Tax issues: Accurately determining tax obligations and applicable tax incentives
• Dispute resolution: Resolving disputes that may arise between parties during the export process

Effective legal solutions include:

• Conducting thorough due diligence before initiating the export process
• Working closely with relevant authorities and specialized legal advisors
• Drafting export contracts with clear terms and conditions regarding the responsibilities and rights of all parties
• Preparing contingency plans for unforeseen circumstances

Conclusion

Exporting aircraft from Vietnam is a process that requires a deep understanding of aviation law, customs regulations, and international trade. Compliance with legal requirements not only ensures a smooth export process but also protects the interests of all parties involved.

With the continuous development of Vietnam’s aviation industry, regulations on aircraft export will also continue to be updated and improved. Parties involved in the aircraft export process should regularly update information and consult with legal experts at Harley Miller Law Firm to ensure full compliance with current legal requirements.

Harley Miller’s Aviation Legal Consulting Services

At Harley Miller, we provide specialized legal consulting services for the aircraft export process from Vietnam, including:

• Comprehensive export process consulting: Supporting clients from the initial preparation stage through to the completion of aircraft export
• Drafting and reviewing contracts: Developing aircraft export contracts to maximize client interests
• Representation before government authorities: Direct communication and collaboration with the Civil Aviation Authority of Vietnam (CAAV), Customs, and other relevant agencies
• Dispute resolution support: Providing legal solutions in case of disputes during the export process
• Tax obligation consulting: Guiding clients on optimizing tax obligations and applicable incentives

With a team of experienced lawyers specializing in aviation and international trade, Harley Miller is committed to providing comprehensive legal solutions to ensure the smooth and compliant export of aircraft for our clients.

For detailed consultation, please contact us via email: [email protected] or hotline: +84 9372 15585