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BỘ NGOẠI GIAO
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CỘNG
HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số:
19/2016/TB-LPQT
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Hà
Nội, ngày 16 tháng 3 năm 2016
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại khoản 3 Điều 47
của Luật Ký kết, gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại giao
trân trọng thông báo:
Nghị định thư giữa Chính phủ Cộng
hòa xã hội chủ nghĩa Việt Nam và Chính phủ Niu Di-lân sửa đổi Hiệp định giữa
Chính phủ Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Niu Di-lân về vận
chuyển hàng không ký 17 tháng 10 năm 2003 tại Hà Nội,
ký tại Óc-len ngày 19 tháng 3 năm 2015, có hiệu lực kể từ ngày 11 tháng 3 năm
2016.
Bộ Ngoại giao trân trọng gửi Bản sao
Nghị định thư theo quy định tại Điều 68 của Luật nêu trên./.
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TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Nguyễn Văn Ngự
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PROTOCOL
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF NEW
ZEALAND AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC
OF VIET NAM AND THE GOVERNMENT OF NEW ZEALAND ON AIR SERVICES, SIGNED IN HA NOI
ON 17 OCTOBER 2003
The Government of the Socialist Republic of Viet
Nam and the Government of New Zealand, hereinafter referred to as “Contracting
Parties”,
Desiring to amend the Agreement between the
Government of the Socialist Republic of Viet Nam and the Government of New
Zealand on Air Services, signed in Ha Noi on 17 October 2003 (the “Agreement on
Air Services”);
Referring to the Memorandum of Understanding (MOU)
signed on 16 August 2013 between the Socialist Republic of Viet Nam and New
Zealand in Ha Noi, Viet Nam;
Have agreed as follows:
ARTICLE
I
Article 6 of the Agreement on
Air Services shall be amended as follows:
Article 6
Safety
1. Certificates of airworthiness, certificates
of competency and licenses, issued or validated by one Contracting Party and
still in force, shall be recognized as valid by the other Contracting Party for
the purpose of operating the agreed services on the routes specified in the
Annex provided that such certificates or licenses were issued or validated
pursuant to, and in conformity with, the standards established under the
Convention. Each Contracting Party reserves the right, however, to refuse to
recognize, for the purpose of fights above or landing within its own territory,
certificates of competency and licenses granted to its own nationals by the
other Contracting Party.
2. Each Contracting Party may request consultations
at any time concerning safety standards in any area relating to aircrew,
aircraft or their operation adopted by the other Contracting Party. Such
consultations shall take place within thirty (30) days of that request.
3. If, following such consultations, one
Contracting Party finds that the other Contracting Party does not effectively
maintain and administer safety standards in any such area that are at least
equal to the minimum standards established at that time pursuant to the
Convention, the first Contracting Party shall notify the other Contracting
Party of those findings and the steps considered necessary to conform with
those minimum standards, and that other Contracting Party shall take
appropriate corrective action. Failure by the other Contracting Party to take
appropriate action within fifteen (15) days or such longer period as may be
agreed, shall be grounds for the application of Article 4 of this Agreement.
4. Notwithstanding the obligations mentioned in
Article 33 of the Convention, it is agreed that any aircraft operated by the
airline of one Contracting Party on services to or from the territory of the
other Contracting Party may, while within the territory of the other
Contracting Party, be the subject of an examination by the authorized
representatives of the other Contracting Party, on board and around the
aircraft to check both the validity of the aircraft documents and those of its
crew and the apparent condition of the aircraft and its equipment (in this
Article called “ramp inspection”), provided this does not lead to unreasonable
delay.
5. If any such ramp inspection or series of ramp
inspection gives rise to:
a) serious concerns that an aircraft or the
operation of an aircraft does not comply with the minimum standards established
at that time pursuant to the Convention, or
b) serious concerns that there is a lack of
effective maintenance and administration of safety standards established at
that time pursuant to the Convention, the Contracting Party carrying out the
inspection shall, for the purposes of Article 33 of the Convention, be free to
conclude that the requirements under which the certificate or licenses in
respect of that aircraft or in respect of the crew at that aircraft had been
issued or rendered valid, or that the requirements under which that aircraft is
operated, are not equal to or above the minimum standards established pursuant
to the Convention.
6. In the event that access for the purpose of
undertaking a ramp inspection of an aircraft operated by the airline of one
Contracting Party in accordance with paragraph 4 of this Article is denied by
the representative of that airline, the other Contracting Party shall be free
to infer that serious concerns of the type referred to in paragraph 4 of this
Article arise and draw the conclusions referred to in that paragraph.
7. Each Contracting Party reserves the right to
suspend or vary the operating authorization of the airline of the other
Contracting Party immediately in the event the first Contracting Party
concludes, whether as a result of a ramp inspection, consultation or otherwise,
that immediate action is essential to ensure the safety of an airline
operation.
8. Any action by one Contracting Party in
accordance with paragraphs 3 or 7 of this Article shall be discontinued once
the basis for the taking of that action ceases to exist.
ARTICLE
II
Article 7 of the Agreement on
Air Services shall be amended as follow:
Article 7
Aviation
Security
1. In accordance with their rights and
obligations under international law, the Contracting Parties reaffirm that
their obligation to each other to protect the security of civil aviation
against acts of unlawful interference forms an integral of this Agreement.
Without limiting the generality of their rights and obligations under international
law, the Contracting Parties shall, in particular, act in conformity with the
provision of the Convention on Offence and Certain Other Acts Committed on
Board Aircraft, signed in Tokyo on 14 September 1963, the Convention for the
Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December
1970, the Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation, signed at Montreal on 23 September 1971, its supplementary
Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, signed at Montreal on 24 February 1988 and any
other multilateral agreement governing civil aviation security binding upon the
Parties.
2. The Contracting Parties shall provide, on request,
all necessary assistance to each other to prevent acts of unlawful seizure of
civil aircraft and other unlawful acts against the safety of such aircraft, of
their passengers and crew, and of airports and air navigation facilities, and
to address any other threat to the security of civil aviation.
3. The Contracting Parties shall, in their
mutual relation, act in conformity with the aviation security provision and
appropriate recommended practices established by the International Civil
Aviation Organization and designated as Annexes to the Convention to the extern
that such security provision are applicable to the Contracting Parties; they
shall require that operators of aircraft of their registry, operators of
aircraft who have their permanent residence or principal place of business in
their territory, and the operators of airports in their territory act in
conformity with such aviation security provision.
4. Each Contracting Party agrees that such
operators of aircraft may be require to observe the aviation security provision
required by the other Contracting Party for entry into, departure from, or
while within, the territory of that other Contracting Party. Each Contracting
Party shall ensure that adequate measures are effectively applied within its
territory to protect the aircraft and to inspect passengers, crew, carry-on
items, baggage, cargo and aircraft stores prior to and during boarding or
loading. Each Contracting Party shall also give positive consideration to any
request from the other Contracting Party for reasonable special security
measures to meet a particular threat to civil aviation.
5. Each Contracting Party shall also give
sympathetic consideration to a request from the other Contracting Party to
enter into reciprocal administrative arrangements whereby the aeronautical
authorities of one Contracting Party could make in the territory of the other
Contracting Party their own assessment of the security measures being carried
out by aircraft operators in respect of flights destined for the territory of
the Contracting Party making such a request.
6. Each Contracting Party shall take such
measures as it may find practicable to ensure that an aircraft of the other
Contracting Party, subjected to an act of unlawful seizure or other acts of
unlawful interference, which has landed in its territory is detained on the
ground unless its departure is necessitated by the overriding duty to protect
human life. Wherever practicable, such measures shall be taken on the basis of
mutual consultations.
7. When an incident or threat of an incident of
unlawful seizure of civil aircraft or other unlawful acts against the safety of
such aircraft, their passengers and crew, airports or air navigation facilities
occurs, the Contracting Parties shall assist each other by facilitating
communications and other appropriate measures intended to terminate rapidly and
safety such incident or threat thereof.
8. When a Contracting Party has reasonable
grounds to believe that the other Contracting Party has departed from the
aviation security provision of this Article, the aeronautical authorities of
that Contracting Party may request immediate consultation with the aeronautical
authorities of the other Contracting Party. Failure to reach a satisfactory
agreement within 15 days from the date of such request shall constitute grounds
to withhold, revoke, suspend, limit, or impose conditions on the operating
authorization and technical permissions of an airline or airline of that
Contracting Party. When require by an emergency, a Contracting Party may take
interim action prior to the expiry of 15 days.
ARTICLE
III
Article 10 of the Agreement
on Air Services shall be amended as follows:
Article 10
Tariffs
Each Contracting Party shall allow tariffs for
air services to be decided by each designated airline based on commercial
considerations in the marketplace. Intervention by the Contracting Parties
shall be limited to:
a) prevention of unreasonably discriminatory
tariffs or practices;
b) protection of consumers from tariffs that are
unreasonably high or restrictive due to the abuse of a dominant position; and
c) protection of airlines from tariffs that are
artificially low due to direct or indirect governmental subsidy or support.
ARTICLE
IV
The Annex to the Agreement on
Air Services shall be amended as follows:
Route Schedule
1. Section 1.
Routes to be operated by the designated airline of
New Zealand:
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Points of
Origin
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Intermediate
Points
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Points of
Destination
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Points Beyond
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Any points
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Any points
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Any points
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Any points
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2. Section 2
Routes to be operated by the designated airline of
the Socialist Republic of Viet Nam:
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Points of
Origin
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Intermediate
Points
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Points of
Destination
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Points Beyond
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Any points
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Any points
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Any points
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Any points
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Notes:
1. The designated airline of either Contracting
Party may, on any or all flights, omit calling at any of the above points,
provided that the service on this route starts and terminates in the territory
of that Contracting Party.
2. The right of the designated airline of either
Contracting Party to transport passengers, cargo and mail between the points in
the territory of the other Contracting Party and points in the territory of
Third Parties shall be discussed and agreed upon by the aeronautical
authorities of the two Contracting Parties.
ARTICLE
V
The Agreement between the
Government of the Socialist Republic of Viet Nam and the Government of New
Zealand on Air Services, signed in Ha Noi on 17 October 2003 and this Protocol
shall be interpreted and applied as a single instrument.
ARTICLE
VI
This Protocol shall enter
into force on the date of the later of notifications by both Contracting
Parties through diplomatic channels that the national requirements for the entry
into force of this Protocol have been fulfilled.
Done at AUCKLAND this 19th day of March,
2015 in two originals in the English language.
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FOR THE
GOVERNMENT
OF THE SOCIALIST REPUBLIC
OF VIET NAM
His Excellency Mr. Dinh La Thang
Minister of Transport
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FOR THE
GOVERNMENT
OF NEW ZEALAND
The Honourable Simon Bridges
Minister of Transport
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