Điều ước quốc tế 34/2021/TB-LPQT thông báo 34/2021/TB-LPQT hiệu lực của Hiệp định Vận chuyển hàng không song phương về các chuyến bay thường lệ giữa và quá lãnh thổ của hai nước giữa Việt Nam - Thổ Nhĩ Kỳ

BỘ NGOẠI GIAO -------	CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM Độc lập - Tự do - Hạnh phúc ---------------
Số: 34/2021/TB-LPQT	Hà Nội, ngày 30 tháng 11 năm 2021

THÔNG BÁO

VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC

Thực hiện quy định tại Điều 56 của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:

Hiệp định Vận chuyển hàng không song phương giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ nước Cộng hòa Thổ Nhĩ Kỳ về các chuyến bay thường lệ giữa và quá lãnh thổ của hai nước, ký tại An-ca-ra ngày 22 tháng 4 năm 2015, có hiệu lực từ ngày 15 tháng 11 năm 2021.

Bộ Ngoại giao trân trọng gửi bản sao Hiệp định theo quy định tại Điều 59 của Luật nêu trên./.

TL. BỘ TRƯỞNG KT. VỤ TRƯỞNG VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ PHÓ VỤ TRƯỞNG Nguyễn Văn Ngự

PHỤ LỤC I

BẢNG ĐƯỜNG BAY

1. Các hãng hàng không được chỉ định của nước Cộng hoà Thổ Nhĩ Kỳ sẽ được phép khai thác các chuyến bay trên cả hai chiều như sau:

Từ	Các điểm trung gian	Đến	Các điểm quá
Các điểm tại Thổ Nhĩ Kỳ	Bangkok, Dhaka và Ashgabat (*)	Hà Nội Tp. Hồ Chí Minh	Bất kỳ ba điểm nào (*)

2. Các hãng hàng không được chỉ định của nước Cộng hoà xã hội chủ nghĩa Việt Nam sẽ được phép khai thác các chuyến bay trên cả hai chiều như sau:

Từ	Các điểm trung gian	Đến	Các điểm quá
Các điểm tại Việt Nam	Bất kỳ ba điểm nào (*)	Ankara Istanbul	Bất kỳ ba điểm nào (*)

Lưu ý:

(*) Các điểm trung gian và các điểm quá trên các đường bay trên, và thương quyền 5 tại những điểm đó có thể do các hãng hàng không được chỉ định khai thác, sẽ do nhà chức trách hàng không của các Bên ký kết cùng xác định.

(*) (Các) hãng hàng không được chỉ định, theo sự lựa chọn của mình, đối với chuyến bay bất kỳ hoặc toàn bộ các chuyến bay, có thể hủy bỏ ở bất cứ điểm nào trên các đường bay trên, với điều kiện là chuyến bay bắt đầu tại những điểm ở lãnh thổ của Bên ký kết chỉ định hãng hàng không đó.

PHỤ LỤC II

KHAI THÁC LIÊN DANH

(Các) hãng hàng không được chỉ định của mỗi Bên ký kết, là đối tượng áp dụng của luật pháp và các quy định về cạnh tranh, có thể tham gia vào các thỏa thuận thị trường như trao đổi chỗ, liên danh hoặc các thỏa thuận thương mại khác với:

a. một hoặc các hãng hàng không của cùng Bên ký kết đó;

b. một hoặc các hãng hàng không của Bên ký kết kia;

c. một hoặc các hãng hàng không của Bên thứ ba cho tới khi mà bên thứ ba cho phép hoặc đồng ý các thỏa thuận như vậy giữa các hãng hàng không của Bên ký kết với các hãng hàng không khác đối với các chuyến bay tới, từ và qua bên thứ ba đó;

đặc biệt đối với mỗi vé được bán, phải thông báo rõ ràng cho người mua tại nơi bán vé hãng hàng không nào khai thác trên từng chặng của chuyến bay,

miễn là tất cả các hãng hàng không tham gia vào các thỏa thuận trên có quyền vận chuyển và quyền đường bay phù hợp.

BILATERAL AIR SERVICES AGREEMENT

BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY FOR SCHEDULED AIR SERVICES BETWEEN THEIR TERRITORIES AND BEYOND

ARTICLE	TITLE
1	DEFINITIONS
2	GRANT OF RIGHTS
3	DESIGNATION AND AUTHORIZATION
4	REVOCATION OR SUSPENSION OF OPERATING AUTHORIZATION
5	CAPACITY
6	TARIFFS
7	TAXES, CUSTOMS DUTIES AND OTHER CHARGES
8	DIRECT TRANSIT
9	USER CHARGES
10	NON -NATIONAL PERSONNEL AND ACCESS TO LOCAL SERVICES
11	CURRENCY CONVERSION AND REMITTANCE OF EARNINGS
12	FAIR COMPETITION
13	MUTUAL RECOGNITION OF CERTIFICATES AND LICENSES
14	AVIATION SAFETY
15	AVIATION SECURITY
16	FLIGHT SCHEDULE SUBMISSION
17	STATISTICS
18	APPLICATION OF LAWS AND REGULATIONS
19	CONSULTATIONS AND AMENDMENT
20	SETTLEMENT OF DISPUTES
21	REGISTRATION
22	MULTILATERAL AGREEMENTS
23	TITLES
24	TERMINATION
25	ENTRY INTO FORCE
ANNEX I	ROUTE SCHEDULE
ANNEX II	CODE SHARING

The Government of the Socialist Republic of Viet Nam and the Government of the Republic of Turkey "hereinafter referred to as “Contracting Parties’',

Being Parties to the Convention on International Civil Aviation and International Air Services Transit Agreement both opened for signature at Chicago on the seventh day of December, 1944,

Desiring to facilitate the expansion of international air services opportunities,

Recognizing that efficient and competitive international air services enhance economic growth, trade, tourism, investment and the welfare of consumers,

Desiring to ensure the highest degree of safety and security in international air services and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardize the safety of persons or property, adversely affect the operation of air services, and undermine public confidence in the safety of civil aviation, and

Desiring to conclude an Agreement for the purpose of establishing and operating air services between and beyond their respective territories,

HAVE AGREED AS FOLLOWS:

ARTICLE 1

DEFINITIONS

For the purpose of this Agreement, unless the context otherwise requires:

a. the term "Convention" means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944 and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes of the Convention under Articles 90 and 94 thereof, so far as those annexes and amendments have become effective for or been ratified by both Contracting Parties:

b. the term "aeronautical authorities" means, in the case of the Socialist Republic of Viet Nam, the Civil Aviation Authority of Viet Nam under the Ministry of Transport and in the case of the Republic of Turkey, the Ministry of Transport, Maritime Affairs and Communications, the Directorate General of Civil Aviation of Turkey (DGCA), or in both cases any person or body authorized to exercise the functions presently assigned to the said authorities;

c. the term "designated airlines" means any airlines which have been designated and authorized in accordance with Article 3 (Designation and Authorization) of this Agreement;

d. the term "territory" has the meaning specified in Article 2 of the Convention;

e. the terms "air service" "international air service", "airline" and "stop for non-traffic purposes" have the meanings specified in Article 96 of the Convention;

f. the term "agreed services" and "specified routes" have the meanings, respectively, of scheduled international air services and routes specified in the Annex I to this Agreement.

g. the term "traffic" means, passengers, baggage, cargo and mail;

h. the term "capacity" means,

- in relation to an aircraft, the payload of that aircraft available on the route or section of a route,

- in relation to a specified air service, the capacity of the aircraft used on such service multiplied by the frequency operated by such aircraft over a given period on a route or section of a route;

i. the term "tariff means any fare, rate or charge, the prices to be paid for the carriage of passengers, baggage and/or cargo, excluding mail, in air transportation, including any other mode of transportation in connection therewith, charged by airlines, including their agents and the conditions governing the availability of such fare, rate or charge, and

j. the term "user charges" means fees or rates levied for the use of airports, navigational facilities and other related services offered by one Contracting Party to the other.

k. the term "Annex" means the Annex to this Agreement or as amended in accordance with the provisions of Article 19 (Consultations and Amendment) of this Agreement. The Annex forms an integral part of this Agreement and all references to the Agreement shall include the Annex except where explicitly agreed otherwise.

ARTICLE 2

GRANT OF RIGHTS

1. Each Contracting Party grants to the other Contracting Party the following rights for the conduct of scheduled international air services on the routes specified in Annex I to this Agreement by the designated airlines of the other Contracting Party:

a. the right to fly without landing across the territory of the other Contracting Party,

b. the right to make stops in the said territory for non-traffic purposes.

c. the right to make stops in the territory at the points specified for that route in Annex I to this Agreement for the purpose of putting down and taking up international traffic in combination or separately.

d. the rights otherwise specified in this Agreement.

2. Nothing in paragraph (1) of this Article shall be deemed to confer on the airlines of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, traffic carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.

ARTICLE 3

DESIGNATION AND AUTHORIZATION

1. Each Contracting Party shall have the right to designate one or more airlines for the purpose of operating the agreed services on the specified routes. Such designation shall be effected by virtue of a written notification through diplomatic channels.

2. On receipt of such designation, the aeronautical authorities of other Contracting Party shall, subject to paragraphs (3) and (4) of this Article, grant without delay to the designated airline(s) the appropriate operating authorization.

3. The aeronautical authorities of one Contracting Party may require an airline(s) designated by the other Contracting Party to satisfy that it is (they are) qualified to fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operations of international air services by such authorities in conformity with the provisions of the Convention.

4. Each Contracting Party shall have the right to refuse to grant the operating authorizations referred to in paragraph (2) of this Article, or to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in Article 2 (Grant of Rights) of this Agreement, in any case where the Contracting Party is not satisfied that:

a. substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals, and/or

b. the Government designating the airline is maintaining and administering the standards set forth in Article 14 (Aviation Safety) and Article 15 (Aviation Security) of this Agreement

5. When an airline has been so designated and authorized, it may begin at any time to operate the agreed services, provided that a capacity agreed upon and a tariff established in accordance with the provisions of Article 5 (Capacity) and Article 6 (Tariffs) of this Agreement is in force in respect of that service.

ARTICLE 4

REVOCATION OR SUSPENSION OF OPERATING AUTHORIZATION

1. Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article 2 (Grant of Rights) of this Agreement by an airline/s designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of these rights:

a. in any case where it is not satisfied that substantial ownership and effective control of that airline is vested in the Contracting Party designating the airline or in its nationals, or,

b. in case of failure by that airline to comply with the laws or regulations of the Contracting Party granting the rights, or,

c. in case that airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

2. Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph (1) of this Article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultations with the other Contracting Party.

ARTICLE 5

CAPACITY

1. The designated airline of each Contracting Party shall enjoy fair and equal opportunity for the operation of air services for the carriage of traffic between the territories of two Contracting Parties.

2. In the operation by the designated airline of either Contracting Party of the specified air services, the interests of the airline of the other Contracting Party shall be taken into consideration so as not to affect unduly the services which the latter provides on all part of the same route.

3. The agreed services provided by the designated airlines of the Contracting Parties shall bear close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to carry the current and reasonably anticipated requirements of passengers and cargo including mail between the territories of the Contracting Parties.

4. In the operation of the agreed services, the capacity to be provided and the frequency of the services to be operated by the designated airlines of each Contracting Party shall be, at the outset, be mutually determined by the aeronautical authorities of the Contracting Parties before the services are inaugurated. Such capacity and frequency of services initially determined may be reviewed and revised from time to time by said authorities.

ARTICLE 6

TARIFFS

l. Each Contracting Party shall allow the tariffs for international air services operated to/from/through its territory to be established by the designated airlines at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit and the tariffs of other airlines. Intervention by the Contracting Parties shall be limited to:

a. prevention of unreasonably discriminatory prices or practices;

b. protection of consumers from prices that are unreasonably high or restrictive due to the abuse of a dominant position, and

c. protection of airlines from prices that are artificially low due to direct or indirect governmental subsidy or support.

2. The tariffs established under paragraph (1) shall not be required to be tiled by the designated airlines of one Contracting Party with the aeronautical authorities of the other Contracting Party for approval.

3. In the event that either aeronautical authority is dissatisfied with a tariff proposed or in effect for an airline of the other Contracting Party, the aeronautical authorities will endeavor to settle the matter through consultations, if so requested by either authority. In any event, the aeronautical authority of a Contracting Party shall not take unilateral action to prevent the coming into effect or continuation of a tariff of an airline of the other Contracting Party.

4. Notwithstanding the foregoing, the designated airlines of one Contracting Party shall provide, on request, to the aeronautical authorities of the other Contracting Party information relating to the establishment of the tariffs, in a manner and format as specified by such authorities.

ARTICLE 7

TAXES, CUSTOMS DUTIES AND OTHER CHARGES

1. Aircraft operated on international air services by the designated airline of either Contracting Party, as well as their regular equipment, spare parts (including engines), supplies of fuels and lubricants (including hydraulic fluids), and aircraft stores (including food, beverages, liquor, tobacco and other products for sale to or use by passengers during flight) carried on board, such aircraft shall be exempt from all customs duties, inspection fees and other duties or taxes on arriving in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft until such time as they are re-exported or are used on board aircraft on the part of the journey to be performed over that territory.

2. The following also shall be exempt from the same duties and taxes, in relation with the exception of carriage corresponding to the service performed;

a. aircraft stores taken on board in the territory of either Contracting Party, within limits fixed by the authorities of the said Contracting Party, and for use on board aircraft engaged in an international service of the Contracting Party,

b. spare parts (including engines) and regular airborne equipment entered into the territory of either Contracting Party for the maintenance or repair of aircraft used on international services by the designated airline(s) of the other Contracting Party.

c. fuel and lubricants (including hydraulic fluids) destined to supply aircraft operated on international services by the designated airline of the other Contracting Party, even when these supplies are to be used on the part of the journey to be performed over the territory of the Contracting Party in which they are taken on board.

d. printed ticket stock, airway bills any printed material bearing insignia of a designated airline of a Contracting Party and usual publicity material distributed without charge by that designated airline intended for use in the operation of international services until such time as they are re-exported,

e. Materials referred to in sub-paragraphs (a), (b), (c) and (d) above shall be subject to supervision or control of customs authorities.

3. The regular airborne equipment, spare parts (including engines), aircraft stores and supplies of fuels and lubricants (including hydraulic fluids) as well as the materials and supplies retained on board the aircraft of either Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of such territory. In such case, they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.

ARTICLE 8

DIRECT TRANSIT

Passengers, baggage, cargo and mail in direct transit across the territory of one Contracting Party and not leaving the area of the airport reserved for such purpose shall only be subject to a very simplified control except in respect of security measures against violence, air piracy and smuggling of narcotics control. Such baggage, cargo and mail shall be exempt from customs duties, exercise duties and similar duties, fees and charges not based on the cost of services provided on arrival.

ARTICLE 9

USER CHARGES

1. Airports, airways, air traffic control and air navigation services, aviation security, and other related facilities and services that are provided in the territory of one Contracting Party shall be available for use by the airlines of the other Contracting Party on terms no less favorable than the most favorable terms available to any airline engaged in similar international air services at the time arrangements for use are made.

2. The designated airline or airlines of one Contracting Party shall be permitted, in accordance with the domestic laws and regulations of both Contracting Parties, on the basis of reciprocity, to perform its own specified ground handling services in the territory of the other Contracting Party and, at its option, to have ground handling services provided in whole or in part by any agent authorized, if required by domestic laws and regulations, by the competent authorities of the other Contracting Party to provide such services.

3. The setting and collection of fees and charges imposed in the territory of one Contracting Party on an airline of the other Contracting Party for the use of airports, airways, air traffic control and air navigation services, aviation security, and other related facilities and services shall be just and fair. Any such fees and charges shall be assessed on an airline of the other Contracting Party on terms no less favorable than the most favorable terms available to any airline engaged in similar international air services at the time the fees or charges are imposed.

4 Each Contracting Party shall encourage discussions between its competent charging authorities and the airlines using the services and facilities, or where practicable, through airlines’ representative organizations. Users shall be informed, with as much notice as possible, of any proposals for changes in user charges, to enable them to express their views before the changes are made.

ARTICLE 10

NON- NATIONAL PERSONNEL AND ACCESS TO LOCAL SERVICES

1. In accordance with the laws and regulations of the other Contracting Party relating to entry, residence and employment the designated airline or airlines of one Contracting Party shall be entitled to bring in and to maintain in the territory of the other Contracting Party their own representative, administrative, commercial, sales, operational, technical and other specialist staff which the airline reasonably considers necessary for the operation of the agreed services.

2. These staff requirements may, at the option of the designated airline or airlines of one Contracting Party, be satisfied by its own personnel or by using the services and personnel of any other organization, company or airline operating in the territory of the other Contracting Party and which have been authorized to perform such services for other airlines.

3. The representatives and staff shall be subject to the laws and regulations in force of the other Contracting Party. Consistent with such laws and regulations each Contracting Party shall, on the basis of reciprocity and with the minimum of delay, grant the necessary employment authorizations, visitor visas or other similar documents to the representatives and staff referred to in paragraph (1) of this Article.

ARTICLE 11

CURRENCY CONVERSION AND REMITTANCE OF EARNINGS

1. Each designated airline(s) shall have the right to sell and issue its own transportation documents in the territory of the other Contracting Party through its sales offices and, at its discretion, through its agents. Such airlines shall have the right to sell such transportation, and any person shall be free to purchase such transportation in any convertible currency and/or in local currency.

2. Each designated airline(s) shall have the right to convert and remit to its country, on demand, at the official rate of exchange, the excess of receipts over expenditures achieved in connection with the carriage of traffic. In the absence of appropriate provisions of a payments agreement between the Contracting Parties, the above mentioned transfer shall be made in convertible currencies and in accordance with the national laws and foreign exchange regulations applicable.

3. The conversion and remittance of such revenues shall be permitted without restriction at the rate of exchange applicable to current transactions which is in effect at the time such revenues are presented for conversion and remittance, and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance.

4. The designated airlines of each Contracting Party shall have the right at their discretion to pay for local expenses, including purchases of fuel, in the territory of the other Contracting Party in local currency or, provided this accords with local currency regulations, in freely convertible currencies.

ARTICLE 12

FAIR COMPETITION

1. There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to compete in operating the agreed services on the specified routes.

2. Neither Contracting Party shall allow its designated airline or airlines, either in conjunction with any other airline or airlines or separately, to abuse market power in a way which has or is likely or intended to have the effect of severely weakening a competitor or excluding a competitor from a route.

3. The Contracting Parties agree that the following airline practices may be regarded as possible unfair competitive practices which may merit closer examination:

a. charging fares and rates on routes at levels which are, in the aggregate, insufficient to cover the costs of providing the services to which they relate;

b. the practices in question are sustained rather than temporary;

c. the practices in question have a serious economic effect on, or cause significant damage to, another airline or airlines, and

d. behavior indicating an abuse of dominant position on the route.

4. No Contracting Party shall impose on the other Contracting Party's designated airlines a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement.

ARTICLE 13

MUTUAL RECOGNITION OF CERTIFICATES AND LICENSES

1. Certificates of airworthiness, certificates of competency and licenses, issued or rendered valid 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 specified routes provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which are or may be established pursuant to the Convention. However, each Contracting Party reserves the right to refuse to recognize, for the purpose of flights above its own territory, certificates of competency and licenses granted to its own nationals or rendered valid for them by the other Contracting Party or any other State.

2. If the privileges or conditions of the licenses or certificates referred to in paragraph (1) above, issued by the aeronautical authorities of one Contracting Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the minimum standards established under the Convention, and which difference has been filed with the International Civil Aviation Organization (ICAO), the other Contracting Party may request consultations between the aeronautical authorities with a view to clarifying the practice in question. Failure to reach satisfactory agreement shall constitute grounds for the application of Article 4 (Revocation or Suspension of Operating Authorization) of this Agreement.

ARTICLE 14

AVIATION SAFETY

1. Either Contracting Party may request consultations concerning the safety standards maintained in respect of an airline designated by the other Contracting Party relating to aeronautical facilities, aircrews, aircraft, and operation of the designated airlines. Such consultations shall take place within thirty (30) days of that request.

2. 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 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 (Revocation or Suspension of Operating Authorization) of this Agreement.

3. Pursuant to Article 16 of the Convention, it is further agreed that, any aircraft operated by, or on behalf of an airline of one Contracting Party, on service to or from the territory of the other Contracting Party, may, while within the territory of the other Contracting Party be the subject of a search by the authorized representatives of the other Contracting Party, provided this does not cause unreasonable delay in the operation of the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention, the purpose of this search is to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform to the standards established at that time pursuant to the Convention (in this Article called "ramp inspection").

4. If any such ramp inspection or series of ramp inspections 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 of 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.

5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline or airlines of one Contracting Party in accordance with the paragraph (3) above is denied by the representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph (4) above have arisen and draw the conclusions referred in that paragraph.

6. Each Contracting Party reserves the right to suspend or vary the operating authorization of an airline or airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of an airline operation.

7. Any action by one Contracting Party in accordance with the paragraphs (2) or (6) above shall be discontinued once the basis for the taking of that action ceases to exit.

8. Each Contracting Party shall provide to the designated airline(s) of other Contracting Party with communicative, aviation and meteorological facilities and any other services necessary for the safe operations of the agreed services.

ARTICLE 15

AVIATION SECURITY

1. Consistent 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 part 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 provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, signed at 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 and Protocol for the Suppression of Unlawful Acts of Violence at Airports serving International Civil Aviation, signed at Montreal on 24 February 1988 or any other Convention on aviation security to which the Contracting Parties are parties.

2. Upon request, the Contracting Parties shall provide 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, their passengers and crew, of airports and air navigation facilities, and to address any other threat to the security of civil aviation.

3. The Contracting Parties, in their mutual relations, shall act in conformity with all aviation security standards and appropriate recommended practices established by ICAO and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Contracting Parties. They shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airports in their territory act in conformity with such aviation security provisions.

4. Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph (3) above 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 secure 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 sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

5. 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 safely such incident or threat thereof, with minimum risk to life.

6. Should one Contracting Party have problems with regard to the aviation security provisions of this Article, the aeronautical authorities of either Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party.

ARTICLE 16

FLIGHT SCHEDULE SUBMISSION

1. The designated airline(s) of each Contracting Party shall submit its envisaged flight schedules for approval to the aeronautical authorities of the other Contracting Party on each schedule period (summer and winter) at least thirty (30) days prior to the operation of the agreed services.

2. For supplementary flights which the designated airline of one Contracting Party wishes to operate on the agreed services outside the approved flight schedule, that airline has to request prior permission from the aeronautical authorities of the other Contracting Party. Such requests shall be submitted in accordance with the national laws and regulations of the Contracting Parties. The same procedure shall be applied to any modification thereof.

ARTICLE 17

STATISTICS

The aeronautical authorities of either Contracting Party shall supply to the aeronautical authorities of the other Contracting Party at their request, such periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services by the designated airlines of the first Contracting Party. Such statements shall include all information required to determine the amount of traffic carried by that airline on the agreed services and the origins and destinations of such traffic

ARTICLE 18

APPLICATION OF NATIONAL LAWS AND REGULATIONS

1. The laws and the regulations of a Contracting Party relating to the entry into, sojourn in or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft or flights of such aircraft over that territory of the other Contracting Party shall be applied.

2. The laws and the regulations of one Contracting Party governing entry into, sojourn in or departure from its territory of passengers, crew, baggage or cargo, including mail, such as formalities relating to entry, exit, clearance, emigration and immigration, aviation security, passports, customs, currency, health and quarantine, postal shall be complied with by or on behalf of such passengers, crew, baggage, cargo or mail carried by the aircraft of the designated airlines of the other Contracting Party while they are within the said territory.

3. The appropriate authorities of a Contracting Party shall have the right without unreasonable delays, to search aircraft of the other Contracting Party on landing or prior to departure and to inspect the certificates and the other documents as prescribed by the Convention.

4. Each Contracting Party shall, upon request of the other Contracting Party, supply the copies of the relevant laws, regulations and procedures referred to in this Agreement.

ARTICLE 19

CONSULTATIONS AND AMENDMENT

1. In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view to the implementation, interpretation, application or amendment of this Agreement and the Annexes thereto.

2. Should one Contracting Party request consultations with a view to modify the present Agreement or its Annexes, such consultations shall begin at the earliest possible date but not later than sixty (60) days from the date the other Contracting Party receives the written request, unless otherwise agreed by the Contracting Parties. Such consultations may be conducted through discussion or by correspondence. Each Contracting Party shall prepare and present during such consultations relevant evidence in support of its position in order to facilitate rational and economic decisions to be taken.

3. If either of the Contracting Parties considers it desirable to amend any provision of this Agreement, such modification enters into force when the Contracting Parties will have notified to each other the fulfillment of their constitutional procedures.

4. Amendments to the Annex I may however be made by direct agreement between the aeronautical authorities of the Contracting Parties. They shall be applied provisionally from the date they have been agreed upon and enter into force when confirmed by an exchange of diplomatic notes.

ARTICLE 20

SETTLEMENT OF DISPUTES

1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavor to settle their dispute by negotiations.

2. If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for an advisory opinion to a third party to facilitate a possible settlement.

3. If the Contracting Parties fail to reach a settlement pursuant to paragraphs (1) and (2) above, either Contracting Party may in accordance with its relevant laws and regulations refer the dispute to an arbitral tribunal of three arbitrators, one to be named by each Contracting Party and the third arbitrator, who shall be the umpire, to be agreed upon by the two arbitrators so chosen, provided that such arbitrator shall not be a national of either Contracting Party and shall be a national of a State having diplomatic relations with each of the Contracting Parties at the time of appointment.

Each of the Contracting Parties shall nominate its arbitrator within a period of sixty (60) days from the date of receipt, through registered mail, of a notice of arbitration. The umpire shall be appointed within a further period of sixty (60) days following the appointment of the arbitrator by each of the Contracting Parties.

If a Contracting Party fails to nominate its arbitrator within the specified period or in case the chosen arbitrators fail to agree on the umpire within the mentioned period, each Contracting Party may request the President of the Council of ICAO to appoint the umpire or the arbitrator representing the failing party, as the case may require.

4. The Vice-President or a senior member of the council ICAO, not being a national of either of the Contracting Parties, as the case may be, shall replace the President of ICAO in its arbitral duties, as mentioned in paragraph (3) of this Article, in case of absence or incompetence of the latter.

5. The arbitral tribunal shall determine its procedures and the place of arbitration subject to provisions agreed upon between the Contracting Parties.

6. The decisions of the arbitral tribunal shall be final and binding upon the Contracting Parties to the dispute.

7. If either Contracting Party or the designated airline of either Contracting Party fails to comply with the decision given under paragraph (6) of this Article, the other Contracting Party may limit, suspend or revoke any rights or privileges which have been granted by virtue of this Agreement to the Contracting Party in default.

8. Each Contracting Party shall bear the expenses of its own arbitrator. The expenses of the umpire, including his fees and any expenses incurred by ICAO in connection with the appointment of the umpire and/or the arbitrator of the failing Party as referred to in paragraph (3) of this Article shall be shared equally by the Contracting Parties.

9. Pending the submission to arbitration and thereafter until the arbitral tribunal publishes its award, the Contracting Parties shall, except in the event of termination, continue to perform all their obligations under this Agreement without prejudice to a final adjustment in accordance with the said award.

ARTICLE 21

REGISTRATION

This Agreement, its Annexes and all amendments thereto shall be registered with ICAO.

ARTICLE 22

MULTILATERAL AGREEMENTS

In the event of conclusion of a multilateral convention or agreement concerning air transport to which both Contracting Parties adhere, this Agreement shad be modified to conform with the provisions of such convention or agreement

ARTICLE 23

TITLES

Titles are inserted in this Agreement at the head of each Article for the purpose of reference and convenience and in no way define limit, or describe the scope or intent of this Agreement.

ARTICLE 24

TERMINATION

This Agreement is concluded for an unlimited period of time.

Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate this Agreement; such notice shall be simultaneously communicated to ICAO.

In such case, the Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Contracting Party unless the notice to terminate is withdrawn by mutual agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen (14) working days after the date on which ICAO will have received communication thereof.

ARTICLE 25

ENTRY INTO FORCE

This Agreement shall enter into force when the Contracting Parties will have notified to each other the fulfillment of their constitutional formalities with regard to the conclusion and the entering into force of international agreements.

In witness whereof, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Agreement comprising twenty five (25) Articles and two (2) Annexes.

Done at Ankara this 22 day of April the year 2015 in duplicate, in the Vietnamese, Turkish and English languages. Both texts are being equally authenticated. In case of any divergence of implementation or interpretation, the English text shall prevail.

FOR THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM Dinh La Thang Minister of TRANSPORT

FOR THE GOVERNMENT OF THE REPUBLIC OF TURKEY Feridun BlLGIN Minister of Transport, Maritime Affairs and Communications

ANNEX I

ROUTE SCHEDULE

1. The airlines designated by the Socialist Republic of Viet Nam shall be entitled to operate air services in both directions as follows:

From	Intermediate Points	To	Beyond Points
Points in Viet Nam	Any three points (*)	Ankara Istanbul	Any three points (*)

2. The airlines designated by the Republic of Turkey shall be entitled to operate air services in both directions as follows:

From	Intermediate Points	To	Beyond Points
Points in Turkey	Bangkok, Dhaka and Ashgabat (*)	Ha Noi Ho Chi Minh City	Any three points (*)

Notes:

(*) The intermediate points and beyond points on the above routes, and 5th freedom traffic rights which may be exercised at such points by the designated airlines, shall be jointly determined between the aeronautical authorities of both, Contracting Parties.

(*) Points on any of above routes may, at the option of the designated airline(s), be omitted on any or all flights provided that such service shall have its starting point in the territory of the Contracting Party designating the airline.

ANNEX II

CODE SHARING

The designated airline(s) of either Contracting Party may, subject to applicable laws and regulations governing competition, enter into marketing arrangements such as blocked space, code sharing or other commercial arrangements with:

a. an airline or airlines of the same Contracting Party;

b. an airline or airlines of other Contracting Party;

c. an airline or airlines of a third country as long as such third country authorizes or allows comparable arrangements between airlines of Contracting Party and other airlines on services to, from and via such third country;

in respect of each ticket sold, the purchaser is informed at the point of sale which airline will operate each sector of the service.

provided that all airlines in the above arrangements hold the appropriate route and traffic right.

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