Aviation and Aviation Support Service in Vietnam

Foreign investors could promote and participate in aviation and aviation related services in Vietnam through setting up representative office, setting up company, engaged in business cooperation contract or joint venture.

Civil aviation industry in Vietnam has really developed in the last 20 years. Until now, many Vietnam domestic airlines provide aviation services such as Vietnam Airline, Vietjet Air, Jetstar Pacific, etc that brings more choices to customers as well as business and investment opportunities to Vietnam and foreign investors.

The foundation of aviation and aviation support services are governed under Civil Aviation Act 2006 which was amended in 2014.

The differences of aviation and aviation support service?

Most of us are aware of aviation throughout use them for our demand to travel or transport goods. Air transport operations include two type of air transportation business and general aviation business. In detail, air transport business is the transportation of passengers, baggage, cargo and postal items by air for the purpose of profit, and general aviation business is general aviation activities. Air transport service business is conditional business activity that requires plans to ensure availability of aircraft for operations, organizational apparatus, business plans, development strategies and capital requirements. Depending on the scale of business operation of air transport enterprise, capital requirements is significant. Because of the typical elements of aviation especially air transport service, participants in the air transportation business have to sufficient financial resources as well as capacity management and administration.On the other hand, aviation support service include air navigation service business; airport service business; aviation staff training, coaching and mentoring service business; services relating to design, manufacture, maintenance, testing of aircraft, engines, propellers and equipment thereof within Vietnam and so on. Those are also the conditional business activities depending on the type of service that requires different conditions for the strategic plan, organizational structure, capital requirement or foreign ownership of the charter capital. For example aviation staff training, coaching and mentoring service business requires investor to ensure requirements concerning the facilities, equipment, components and lecturers as well as about training courses, training or coaching materials.

Opportunities of aviation and aviation support service?

As a country with over 90 million people like Vietnam along with the development of economy and the increasing of Vietnamese’s life quality, the aviation service business is growing because of demand hence aviation support service business is also developing in natural way. Vietnam has increasingly created favorable conditions for not only organizations and individuals of Vietnam but also foreign investors to cooperate and invest in civil aviation.

The aviation support services have been fairly common in the world, but not really developed in Vietnam especially services relating to design, manufacture, maintenance aircraft therefore when domestic enterprises have demand, they frequently hire service abroad. Besides, aviation staff training, coaching and mentoring service requires foreign experts. There are significant opportunities for foreign investors who have knowledge, skill and experience in this field to access and provide aviation support services to domestic and international airlines in Vietnam.

Vietnam has been investing heavily in airport infrastructures expansion preparing for growing of airlines fleets and frequency which means more opportunities for aviation and aviation related services are opening. The law in aviation and aviation related services are continuously changing. ANT Lawyers in Hanoi, Da Nang and Ho Chi Minh City continue to follow and provide update to its clients in legal aspect of aviation and aviation related services in particular and transportation in general in Vietnam for the legal understanding, compliance and business cooperation and investment purpose in regulatory and policy research, contract review, dispute in transactions or employment matters, incorporation.

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Shipping and Maritime

Shipping and maritime law firm in Vietnam may represent and defend the interests of commercial ship owners and charters involving the total spectrum of maritime casualties, accidents and disputes which may arise in reference to commercial ocean shipping.

Additionally shipping and maritime lawyers of law firm in Vietnam are frequently appointed by a broad vary of domestic and international marine insurance corporations directly or through our international partner law firms in UK, US and Australia to represent and defend the interests of their insureds in reference to casualties involving each commercial and recreational vessels.

When legal proceeding arises from a maritime casualty or dispute shipping and maritime lawyers in Vietnam commit the total range of the firm’s resources and therefore the intensive litigation expertise of our attorneys to attain the most effective potential outcome for the client. The attorneys additionally counsel ship owners, charters, marine insurers and clients on risk avoidance, regulative necessities and strategic legal solutions.

An overview of the a number of the kinds of maritime claims, casualties and transactions that admiralty and maritime lawyers regularly handle are as following:

1.International Sales and Purchase of Ships (bulk, container) under Vietnamese or foreign flags including negotiation, MOA, validating legal documents on ownership, sales decision, registration, sales closing and ship delivery;

2.Casualty Defense, Investigation and Litigation

-Collisions

-Cargo damage

-Personal injury and death (seamen, longshoremen and passengers)

-Property damage

-Product liability

-Shipowner’s limitation of liability

3.Marine Liability Insurance

4.Disputes

-Bills of Lading

-Charter party disputes

-Vessel mortgage foreclosure

-Ship arrests

-Ship collisions

-Cargo claims

-Cargo detention or seizure by Vietnam Authority

-Dispute on outstanding payment

5.General Average and Salvage Claims

6.Vessel Regulatory Matters

-Regulatory compliance

-Civil fines and penalties

-Security issues

7.Maritime Contracts

-Contracts of affreightment, bills of lading and charter parties

-Drafting and advice

8.Recreational Boating

-Injuries and Property Damage

-Product Liability

-Sales and documentation

-Subrogation

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Coastal Shipping in Vietnam

Shipping regulatory in Vietnam

1.Coastal shipping competition

According Maritime Bureau, in 2015, although business activities of coastal shipping enterprise still had some difficulty, the total output reached 118.7 million tons, increasing 9.5% compared to 2014.

A Deputy Director of Vietnam Maritime Bureau, Mr Bui Thien Thu said that domestic shipping had taken charge of 100% of the domestic demand of coastal shipping. The domestic container ships has increased to 39 ships, a total increase of freight load is 200% from 2013 to 2015. The coastal shipping routes has transported 6.1 million tons of cargo including coal, slag, stone, rock, metal, fertilizers, cement, ore, fuel oil …

In 2015, output of goods in Vietnam’s seaport system continues an impressive growth, estimated at 427.3 million tons, rising 14.6%, in which the container reached 12 million TEUs, rising 15.5% compared to 2014.

According to Deputy Director of Bureau Bui Thien Thu, cargo volumes through Vietnam’s seaport system in 2015 in accordance with the approved plan in Decision No. 1037 of the Prime Minister in 2014 was 410 million tons. Thus, the volume outperformed 4.1% in 2015 compared with the initial plan.

However, the goods have been misallocated between different domestic seaports. To resolve this situation, there is a need to improve connectivity transport infrastructure and supporting services to relocate goods in different seaports, while speeding up the relocation of the port on the Saigon River and Ba Son shipyard.

During the year, Vietnam Maritime Bureau has completed the review and adjustment of detailed planning of port group 1, 2, 3, 4 and 6, thus managing the system more effectively. The Ministry of Transportation approved this plan.

By 2016, the total output of goods through the port system is estimated to reach 470 million tons (increasing 10% compared to 2015), in which each container is expected to reach 13.3 million, increasing 11% TEUs.

2.Vietnam Government published policy on Coastal Shipping, particular container services

In late May 3/2013, the Ministry of Transport has issued Document No. 128 / TB – BGTVT decision to terminate the operation of foreign fleets in terms of container shipping service in domestic routes, consisting of 20 units with a total tonnage of 500,000 DWT.

The foreign ship owners are not able to disapprove this decision since prioritising domestic fleets is compatible with the Law of the customs, as well as commitments to the world Trade Organization (WTO) on the protection of the members.

From 2013 to 2015, the fleets of Vietnam were given good opportunity to win back market share in terms of the domestic container shipping, which used to belong to the foreign shipping companies (with an estimated value of 1,000 billion / year). There are various container shipping companies gaining loyal leads which ground stable roots for domestic fleets.

Also Vietnam Maritime Bureau in collaboration with Ministry of Transport, Vinalines, Vietnam Ship Owners Association and Vietnamese ship owners operating on domestic routes ensure the limitation of congestion at seaport.

Average freight rates of Vietnamese fleet are offering customer around 5.2 million / 20-foot container for the north – south journey. This price is equivalent to the unit price of the foreign shipping company in 2012.

There have been more Vietnamese fleet being able to operate on domestic routes such as Hai Phong and Cai Lan to HCMC, Ba Ria – Vung Tau and vice again.

3.Vietnam regulations establishing who can and who cannot provide coastal shipping services, particular containers.

To ensure sufficient capacity to meet the demand for domestic container market, in addition to 30 domestic container shipping companies, Vietnam Maritime Bureau has also allowed 8 foreign fleets owned by Vietnamese enterprises to operate on domestic routes.

The biggest difficulty for domestic container shipping companies is that market has not completely recovered. Currently the container shipping companies from the South to the North reach approximately 80% of capacity, while the reverse route only reaches 50% capacity.

In long term, this policy has enabled the Vietnamese fleet to gradually recover from difficult period when all the domestic container shipping belonged to foreign companies.

ANT Consulting assists clients with Market Entry, Legal Advice, Tax Advice and Outsourcing Services in Vietnam.

We are located in Hanoi, Da Nang and Ho Chi Minh City.

Talk to our consultants at +84 28 3520 2779 or email us ant@antconsult.vn

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