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BỘ NGOẠI
GIAO |
CỘNG HÒA XÃ
HỘI CHỦ NGHĨA VIỆT NAM |
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Số: 49/2020/TB-LPQT |
Hà Nội, ngày 17 tháng 9 năm 2020 |
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 giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Vương quốc Ả-rập Xê-út, ký tại Ri-át ngày 21 tháng 8 năm 2019, có hiệu lực từ ngày 13 tháng 7 năm 2020.
Bộ Ngoại giao trân trọng gửi bản sao Hiệp định theo quy định tại Điều 59 của Luật nêu trên./.
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TL. BỘ
TRƯỞNG |
PHỤ LỤC
BẢNG ĐƯỜNG BAY
Mục (1): Các đường bay theo đó (các) hãng hàng không được chỉ định của Vương quốc Ả-rập Xê-út khai thác các chuyến bay.
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Các điểm xuất phát |
Các điểm giữa |
Các điểm tại nước Cộng hòa xã hội chủ nghĩa Việt Nam |
Các điểm quá |
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Các điểm tại Vương quốc Ả-rập Xê-út |
Bất kỳ điểm nào |
Hà Nội, Đà Nẵng và Thành phố Hồ Chí Minh |
Bất kỳ điểm nào |
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Mục (2): Các đường bay theo đó (các) hãng hàng không được chỉ định của nước Cộng hòa xã hội chủ nghĩa Việt Nam khai thác các chuyến bay. |
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Các điểm xuất phát |
Các điểm giữa |
Các điểm tại Vương Quốc Ả-rập Xê-út |
Các điểm quá |
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Các điểm tại nước Cộng hòa xã hội chủ nghĩa Việt Nam |
Bất kỳ điểm nào |
Jeddah, Riyadh và Damman |
Bất kỳ điểm nào |
Mục (3): Các ghi chú đối với các đường bay do (các) hãng hàng không được chỉ định của hai Bên ký kết khai thác
1. Mỗi hãng hàng không được chỉ định có thể khai thác các điểm giữa và các điểm quá quy định tại Phụ lục của Hiệp định này với điều kiện là quyền vận chuyển 5 được thực hiện giữa các điểm này và lãnh thổ của Bên ký kết kia, nếu có thỏa thuận về vấn đề này giữa hai Nhà chức trách hàng không của các Bên ký kết.
2. Các điểm giữa và điểm quá trên bất kỳ đường bay quy định nào, theo lựa chọn của (các) hãng hàng không được chỉ định, có thể được bỏ qua đối với bất kỳ hoặc tất cả các chuyến bay với điều kiện là bất kỳ chuyến bay nào cũng phải bắt đầu hoặc kết thúc trong lãnh thổ của Bên ký kết chỉ định (các) hãng hàng không.
AIR SERVICES AGREEMENT
BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE KINGDOM OF SAUDI ARABIA
PREAMBLE
The Government of the Socialist Republic of Viet Nam and the Government of the Kingdom of Saudi Arabia (hereinafter referred to in Agreement as the Contracting Parties) being Parties to the Convention International Civil Aviation opened for signature at Chicago on the seventh of December 1944;
Desiring to conclude the Air Services Agreement between the Government of the Socialist Republic of Viet Nam and the Government of the Kingdom of Saudi Arabia hereinafter referred to as the "Agreement" for the purpose of establishing air services between and beyond their respective territories;
Have agreed on the following provisions:
ARTICLE 1
DEFINITION
For the purpose of this Agreement, unless the context otherwise requires:
1) 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 Annexes adopted under Article 90 of that Convention and any amendment of the Annexes or 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;
2) The term "Aeronautical Authorities" means in the case of the Government of the Socialist Republic of Viet Nam, the Civil Aviation Authority of Viet Nam, Ministry of Transport and in the case of the Government of the Kingdom of Saudi Arabia, the General Authority of Civil Aviation, in both cases, any other person or body authorised to perform any functions presently exercised by the said Aeronautical Authorities;
3) The term "designated airline" means an airline, designated and authorised in accordance with Article 3 of this Agreement;
4) The term "tariff" means the prices to be paid for the carriage of passengers, cargo and baggage and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services but excluding remuneration and conditions for the carriage of mail;
5) The term "territory" in relation to a State has the meaning assigned to it in Article 2 of the Convention;
6) The terms "air service", "International air service", "airline" and "stop for non-traffic purposes" have the meaning respectively assigned to them in Article 96 of the Convention;
7) The term “Agreement" means this Agreement, its Annex and any amendments thereto;
8) The term “Schedule" means the Schedule of the routes to operate air transportation services annexed to this Agreement and any amendments thereto as agreed in accordance with the provisions of Article 16 of this Agreement;
9) The term "capacity" in relation to "an aircraft" means the payload of that aircraft available on a route or section of a route;
10) The term "spare parts” means articles of a repair or replacement nature for incorporation in an aircraft; including engines;
11) The term "regular equipment" means articles, other than stores and spare parts of a removable nature, for use on board an aircraft during flight, including first aid and survival equipment; and
12) The term “facilities and airport charges” means charges made to airlines for the provision of aircraft, their crews and passengers of airport and air navigation facilties, including related services and facilities.
ARTICLE 2
GRANTING OF RIGHTS
1. Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of establishing and operating scheduled international air services on the routes specified in the Schedule annexed to this Agreement. Such services and routes are hereinafter called "the agreed services" and "the specified routes" respectively.
2. An airline designated by each Contracting Party shall enjoy exercising, whilst operating an agreed service on a specified route, the following rights:
(a) To fly, without landing, across the territory of the other Contracting Party;
(b) To make stops in the said territory for non-traffic purposes; and
(c) To make stops in the said territory at the points specified for that route in the Schedule annexed to this Agreement, for the purpose of putting down and taking on international traffic in passengers, cargo, baggage and mail.
3. The exercise of traffic rights in intermediate and beyond points specified in the routes Schedule annexed to this Agreement is subject to the negotiation and agreement of the designated airline(s) of the Contracting Parties and approval of their Aeronautical Authorities.
4. Nothing in paragraphs 1 and 2 of this Article shall be deemed to confer on the airline(s) of one Contracting Party the privilege of taking on, in the territory of the other Contracting Party, passengers, cargo, baggage or mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.
ARTICLE 3
DESIGNATION OF AIRLINES
1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party one airline or more for the purpose of operating the agreed services on the specified routes.
2. On receipt of such a designation, the Aeronautical Authorities of the other Contracting Party shall subject to the provisions of paragraph 3 of this Article and paragraph 1 of Article 4, grant without delay, to the airlines(s) designated the appropriate operating authorisations.
3. The Aeronautical Authorities of one Contracting Party may require the airlines(s) designated by the other Contracting Party to satisfy them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally applied to the operation of international air services by such Authorities in conformity to the provisions of the Convention.
4. When an airline has been so designated and authorised it may begin at any time to operate the agreed services, provided that a tariff established, in accordance with the provisions of Article 15 of this Agreement is in force in respect of that service.
ARTICLE 4
REFUSAL, REVOCATION OR SUSPENSION OF OPERATING AUTHORISATION
1. Each Contracting Parly shall have the right to refuse to grant or to revoke an operating authorisation or to suspend the exercise of the rights specified in paragraph 2 of Article 2 of this Agreement by an airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of those rights:
(a) In any case when it is not satisfied feat substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in the nationals of such Contracting Party; or
(b) In case of failure by that airline to comply with the laws and/or regulations of the Contracting Party granting the right;
(c) In case the 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 and/or regulations, such right shall be exercised only after consultation with the other Contracting Party.
3. In the event of action by one Contracting Party under the provisions of this Article, the rights of the other Contracting Party under Article 18 of this Agreement shall not be prejudiced.
ARTICLE 5
FACILITIES AND AIRPORT CHARGES
1. Each Contracting Party shall designate an airport or airports in its territory for the use of the designated airline(s) of the other Contracting Party on specified routes and provide designated airline(s) of the other Contracting Party with communicative, aviation and meteorological facilities and other services necessary for the operation of the agreed services.
2. Neither Contracting Party shall impose or permit to be imposed on the designated airline(s) of the other Contracting Party user charges higher than those imposed on its own designated airline(s) operating similar international air services using similar aircraft and associated facilities and services.
ARTICLE 6
EXEMPTION FROM CUSTOMS AND OTHER DUTIES
1. Aircraft of the designated airline(s) of one Contracting Party operating international services as well as supplies of fuel, lubricating oils, other consumable technical supplies, spare parts, regular equipment and stores retained on board shall, upon arriving in or leaving the territory of the other Contracting Party, be exempted on the basis of reciprocity from customs duties, and taxes inspection fees and other similar duties or charges, provided such equipment and supplies remain on board the aircraft up to such time as they re-exported or are used or consumed by such aircraft on flights over that territory.
2. There shall also be exemption from the same duties, fees and charges, with the exception of charges corresponding to the service performed:
(a) Aircraft stores taken on board in the territory of a Contracting Party, within limits fixed by the authorities of the said Contracting Party, and for use on a board outbound aircraft engaged in an international air service of the other Contracting Party;
(b) Spare parts entered into the territory of either Contracting Party for the maintenance or repair of aircraft used on international air services by the designated airline(s) of the other Contracting Party;
(c) Fuel and lubricants to supply outbound aircraft operated on international services by the airline(s) designated by the other Contracting Party, even when these supplies are to be used on the part of the journey performed over the territory of the Contracting Party in which they are taken on board.
3. Materials referred to in paragraph 2 of this Article, may be placed under the supervision or control of the Customs Authorities up to such time as they may be re-exported or otherwise disposed of in accordance with customs regulations.
4. Passengers, baggage and cargo 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 simplified control. Baggage and cargo shall, up to such time that they are on direct transit, be exempted from customs duties and any taxes.
5. There shall also be exemption from all customs duties and taxes on a reciprocal basis for official documents bearing the badge of the airline such as luggage tags, air tickets, airway bills, boarding cards, and timetables imported into the territory of either Contracting Party for the exclusive use by the designated airline(s) of the other Contracting Party.
ARTICLE 7
PRINCIPLES GOVERNING OPERATION OF THE AGREED SERVICES
1. The designated aifline(s) of the two Contracting Parties shall be afforded fair and equal opportunity in the operation of the agreed services on the specified routes.
2. In operating the agreed services, the designated airline(s) of each Contracting Party shall take into account the interests of the airline of the other Contracting Party so as not to affect unduly the services, which the latter provides on the whole, or part of the same routes.
3. The agreed services provided by the designated airline(s) of the Contracting Parties shall have as their primary objective the provision, at a reasonable load factor of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers, baggage, cargo and mail between the territory of the Contracting Party designating the airline and the territory of the other Contracting Party. Provision for the carriage of passengers and cargo including mail both taken on board and discharged at points on the specified routes in the territories of states other than that designating the airline shall be agreed between the two Contracting Parties since capacity is related to:
(a) Traffic requirements to and from the territory of the Contracting Party, which has designated the airline;
(b) Traffic requirements of the area through which the agreed service passes, after taking account of other transport services established by airlines of the states comprising the area;
(c) The requirements of through airline operation.
4. In order that the designated airline(s) to be afforded fair and equal treatment, the frequency of the services and their capacity, as well as the flight schedules shall be subject to approval by the Aeronautical Authorities of the two Contracting Parties. This requirement should also be met in case of any change concerning the agreed services.
5. The Aeronautical Authorities of the two Contracting Parties should, if necessary, endeavor to reach a satisfactory arrangement regarding flight schedules, capacity and frequencies.
ARTICLE 8
APPROVAL OF TIMETABLES
The designated airline(s) of either Contracting Party shall, not later than sixty (60) days prior to the date of operation of any agreed service(s), submit its proposed time-tables to the Aeronautical Authorities of the other Contracting Party for approval. Such timetable shall include the type of services and aircraft to be used, the flight schedule and any other relevant information. This shall, likewise, apply to any subsequent changes. In special cases, this time limit may be reduced subject to the approval of the said Authorities.
ARTICLE 9
SUPPLY OF STATISTICS
The Aeronautical Authorities of either Contracting Party shall supply the Aeronautical Authorities of the other Contracting Party, at their request, with such information and statistics relating to the traffic carried on the agreed services by their designated airlines to and from the territory of the other Contracting Party as may normally be prepared and submitted by the designated airline(s) to its Aeronautical Authorities. Such data shall include details on volume, distribution, origin and destination of the traffic. Any additional statistical traffic data which the Aeronautical Authorities of the Contracting Party may desire from the Aeronautical Authorities of the other Contracting Party shall, upon request, be a subject of mutual discussion and agreement between the two Contracting Parties.
ARTICLE 10
APPLICABILITY OF LAWS AND REGULATIONS
1. The laws and regulations of one Contracting Party shall apply to the navigation and operation of the aircraft of the airline(s) designated by the other Contracting Party during entry into, stay in and departure from the territory of the other Contracting Party.
2. The laws and regulations of one Contracting Patty governing entry into, stay in and departure from its territory of passengers, baggage, crew, cargo or mail such as formalities regarding entry, exit, emigration, immigration, customs, currency, health and quarantine shall apply to passengers, baggage, crew, cargo and mail carried by the aircraft of the designated airline of the other Contracting Party while they are within the said territory.
3. Each Contracting Party shall, upon request, supply the other Contracting Party with copies of the relevant laws and regulations referred to in this Article.
4. Neither Contracting Party may grant any preference to its own airline with regard to the designated airline of the other Contracting Party in the application of the laws and regulations provided for in this Article.
ARTICLE 11
TRANSFER OF EARNINGS
1. Each Contracting Party grants to the designated airline(s) of the other Contracting Party the right of flexible transfer, in accordance with the foreign exchange regulations of the Contracting Party in the territory of which the revenue accrued, in connection with the carriage of passengers, mail and cargo. No charges other than normal bank charges shall be applicable to such transfers.
2. If a Contracting Party imposes restriction on the transfer of revenue accrued by the designated airline(s) of the other Contracting Party, the latter have the right to impose reciprocal restrictions on the designated airline of that Contracting Party.
3. Subject to the laws and regulations applicable in the territory, the designated airline(s) of each Contracting Party is required to pay taxes from any income generated in the territory of the other Contracting Party in respect of the gains or profits accruing to it from the operation of the agreed services.
4. In the event that payments between the Contracting Parties are governed by any agreement on avoidance of double taxation, such an agreement shall apply.
ARTICLE 12
AIR SAFETY
1. Certificates of airworthiness, certificates of competency and licenses, issued or rendered valid by one Contracting Party are 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 such certificates or licenses were issued or rendered valid in conformity to the standards established under the Convention. Each Contracting Party, however, reserves the right to refuse to recognize, for flights above its own territory, certificates of competency and licenses granted to its own nationals by the other Contracting Party.
2. Each Contracting Party may request consultancy procedures concerning the safety standards maintained by the other Contracting Party relating to aeronautical facilities, aircrew, aircraft and operations of aircraft provided that such consultancy procedures to be performed within thirty (30) days from the date the request is delivered. If following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards and requirements in these areas that at least equal the minimum standards which may be established pursuant to the Convention, the other Contracting Party shall be notified of such findings of deficiencies and the steps considered necessary to conform to these safety standards, and the other Contracting Party shall take appropriate corrective action during thirty (30) days or during an agreed upon time period between the two Contracting Parties.
3. Each Contracting Party reserves the right to suspend, refuse or revoke the operating authorization for the airline designated by the other Contracting Party in case no appropriate action has been taken during the appropriate time.
4. Pursuant to Article (16) of the Convention, any aircraft operated, or any aircraft which its ownership does not belong to the designated airlines of either of the Contracting Party in accordance with the designation provision of this Agreement and is utilized to conduct air services operation in accordance with the provision of this Agreement to and from the territory of the other Contracting Party through leasing arrangements from another air carrier belonging to the state of either Contracting Party or third Party state, be the subject of a search by the authorized representatives of the other Contracting Party. 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, provided this does not cause unreasonable delay in the operation of the aircraft.
5. When an urgent action is essential to ensure the safety of an airline operation, each Contracting Party reserves the right to immediately suspend the operating authorization of an airline or airlines of the other Contracting Party.
6. Any action by one Contracting Party in accordance with paragraph 5 of this Article shall be discontinued once the basis of the taking of that action ceases to exist.
ARTICLE 13
AIRLINE COMMERCIAL REPRESENTATION
1. The designated airline(s) of one Contracting Party shall be entitled, in accordance with the laws and regulations relating to entry, residence and employment of the other Contracting Party, to bring in and maintain in the territory of the other Contracting Party those of its own managerial, technical, operational and other specialist staff who are required for the provisions of the present air services.
2. The ground handling operation of either designated airline(s) shall be undertaken in accordance with the laws and regulations of the other Contracting Party and based on reciprocal treatment.
3. Each Contracting Party shall grant the designated airline(s) of the other Contracting Party the right to engage in the sale of air transportation in its territory directly and, at the airline's discretion, through agents.
ARTICLE 14
AVIATION SECURITY
1. 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 to the provisions of the Convention of Offences 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 and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed at Montreal on 23 September 1971 and the Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, as well as any other convention or protocol relating to civil aviation security which both Contracting Parties adhere to.
2. The Contracting Parties shall provide upon 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, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
3. The Contracting Parties shall, in their mutual relations, act in conformity to the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention, 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 to 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 of this Article 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 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 on incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, occurs to their passengers and crew, airport or air navigation facilities, 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.
ARTICLE 15
TARIFFS
1. The tariffs to be charged by the designated airline(s) of the Contracting Parties for the agreed services shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profit, characteristics of service and the tariffs of the other airlines operating scheduled services over the whole or part of the same routes.
2. The tariffs referred to in paragraph 1 of this Article shall, if possible, be determined on the basis of the forces of supply and demand in the market.
3. The tariffs implemented shall be filed to the Aeronautical Authorities of both Contracting Parties for record keeping purposes and proper reaction against any unfair competitive behavior in the market.
4. If any dispute arises between the designated airline(s) of either of the Contracting Parties due to unfair competitive practice in the market related to tariff implications, it should be settled in accordance with the provisions of Article 18 of this Agreement.
ARTICLE 16
CONSULTATION AND AMENDMENT
1. In a spirit of close co-operation, the two Contracting Parties or their Aeronautical Authorities shall consult each other from time to time with a view to ensuring the implementation of and satisfactory compliance with the provisions of this Agreement and Annex thereto.
2. If either Contracting Party considers it desirable to emend any of the provisions of this Agreement, it may request consultation with the other Contracting Party. Such consultation shall begin within a period of sixty (60) days from the date of the request. Any amendments so agreed shall come into force when they have been confirmed by an exchange of diplomatic notes following completion of the constitutional or otherwise required procedures.
3. Amendments relating only to the provisions of this Agreement other than those of the annexed Schedule shall be approved by each Contracting Party in accordance with its constitutional procedures.
4. Amendments relating only to the provisions of the annexed Schedule may be agreed upon between the Aeronautical Authorities of both Contracting Parties. Such amendments will become effective as soon as they are approved by both Aeronautical Authorities.
ARTICLE 17
CONFORMITY TO MULTILATERAL CONVENTIONS OR AGREEMENTS
This Agreement and its Annex will be amended so as to conform to any multilateral conventions or agreements, which may become binding upon the Contracting Parties.
ARTICLE 18
SETTLEMENT OF DISPUTES
1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement and its Annex, the Contracting Parties shall in the first place endeavor to settle it by negotiation.
2. If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for an advisory opinion to some person or body.
3. If the Contracting Parties fail to reach a settlement pursuant to paragraphs 1 and 2 of this Article, either Contracting Party may in accordance with its relevant laws and regulations refer the dispute to an arbitral tribunal of three arbitrators, two of whom to be nominated by the Contracting Parties and one umpire. In case the dispute is referred to arbitration, each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt a notice through diplomatic channels in respect of reference of the dispute to arbitration and the umpire shall be appointed within a further period of sixty (60) days from the last appointment by the two so nominated. If either Contracting Parties fails to nominate its arbitrator within the specified period, or nominated arbitrators fail to agree on the umpire within the said period, the President of the Council of International Civil Aviation Organization may be requested by either Contracting Party to appoint the arbitrator of the failing Contracting Party or the umpire as the case may require, However, the umpire shall be a national of a state having diplomatic relations with both Contracting Parties at the time of the appointment.
4. In the case of the appointment of the umpire by the President of the Council of International Civil Aviation Organization, if the President of the Council of International Civil Aviation Organization is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice President and if the Vice President is also prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by senior member of the Council who is not a national of either Contracting Parfy.
5. Subject to other provisions agreed by the Contracting Parties, the arbitral tribunal shall determine its procedure and the place of arbitration.
6. The decisions of the arbitral tribunal shall be binding for the Contracting Parties.
7. The expenses of the arbitral tribunal, including the fees and expenses of the arbitrators shall be shared equally by the Contracting Parties. Any expenses incurred by the Council in connection with the appointment of the umpire and/or the arbitrator of the falling Contracting Party as referred to paragraph 3 of this Article shall be considered to be part of the expenses of the arbitral tribunal.
ARTICLE 19
TERMINATION
1. Either Contracting Party may, at any time, give notice in writing to the other Contracting Party of its decision to terminate this Agreement. Such notice shall simultaneously be communicated to the International Civil Aviation Organization.
2. In such case, this 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, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.
ARTICLE 20
REGISTRATION WITH ICAO
This Agreement and any amendments thereto shall be registered with the International Civil Aviation Organization.
ARTICLE 21
ENTRY INTO FORCE
This Agreement shall enter into force on the date of the last notification through diplomatic notes by either Contracting Party to the other Contracting Party that it has fulfilled the necessary measures in accordance with its laws and regulations for the entry into force of this Agreement.
In witness whereof, the undersigned plenipotentiaries, being duly authorized by their respective governments, have signed this Agreement. The Route Schedule forms an integral part of this Agreement.
Done in Riyadh on 21st of August 2019 AD, corresponding to 20th of Dhu’l-Hijjah 1440AH, in two original copies, in the Vietnamese, Arabic and English languages, all text being equally authentic and each Contracting Party retains one original in each language for implementation. In the event of any divergence of interpretation, the English text shall prevail.
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For the
Government of |
For the
Government of |
ANNEX
ROUTE SCHEDULE
Section (1): Routes on which air services may be operated by the designated airline(s) of the Kingdom of Saudi Arabia.
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Points of Origin. |
Intermediate Points |
Points in the Socialist Republic of Viet Nam |
Points Beyond |
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Points in the Kingdom of Saudi Arabia |
Any points |
Ha Noi, Da Nang and Ho Chi Minh City |
Any points |
Section (2): Routes on which air services may be operated by the airline(s) of the Socialist Republic of Viet Nam.
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Points of Origin. |
Intermediate Points |
Points in the Kingdom of Saudi Arabia |
Points Beyond |
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Points in the Socialist Republic of Viet Nam |
Any points |
Jeddah, Riyadh, and Dammam |
Any points |
Section (3): Notes on the routes to be operated by the designated airline(s) of both Contracting Parties:
1. Each designated airline(s) may serve intermediate points and points beyond specified in the Annex of this Agreement on condition that fifth freedom traffic rights shall be exercised between these points and the territory of the other Contracting Party, if an agreement to that effect is made between the two Aeronautical Authorities of the Contracting Parties.
2. Intermediate points and points beyond on any of the specified routes may, at the option of the designated airline(s), be omitted on any or all flights, provided find any service either begins or terminates in the territory of the Contracting Party designating the airline(s).
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