VIETNAM Law and Practice Contributed by: Chuyen Hong Huu Le, Tan Nhat Truong Phan and Tu Anh Tran, Tilleke & Gibbins
• a pro forma application under Decree No 68/2015/ ND-CP; and • documents proving the legal status of the applicant (eg, a business registration certificate). An applicant that is the authorised party of the IDERA must also provide written consent to deregister and export the aircraft from individuals with higher priority registered international interests or documents prov - ing that higher priority registered international inter - ests have been satisfied. An applicant that is the mortgagee according to the authorisation in the IDERA must provide documents proving that it has sent a written notification of the deregistration application of the aircraft to people with registered international interests, the aircraft’s owner and the applicant for nationality registration of the aircraft at least ten days before the application is submitted. 2.8.4 Duration of Deregistration Process The statutory timeframe for the deregistration process is five working days from receipt of a valid application. 2.8.5 Aviation Authority’s Assurances CAAV does not provide advance assurances to an aircraft owner, mortgagee or lessor as to the prompt deregistration of the aircraft. The deregistration pro - cess will follow the statutory timeframe. 2.8.6 Costs, Fees and Taxes Relating to Deregistration An application for deregistration of an aircraft is free of charge. 2.8.7 Deregistration Power of Attorney A deregistration power of attorney may be recognised in Vietnam provided it satisfies the requirements of an authorisation agreement under Vietnamese law. However, if there is an IDERA registered at CAAV, only the authorised party under that IDERA (and not the authorised party under the deregistration power of attorney) is entitled to deregister and export the aircraft. The Convention on International Interests in Mobile Equipment and the related Protocol on Matters specific to Aircraft Equipment took effect in Vietnam on 1 January 2015.
Accordingly, as of 1 January 2015, an IDERA is always registered with CAAV to protect the right of the IDERA holder in the deregistration and export of the aircraft. 2.8.8 Documents Required to Enforce Deregistration Power of Attorney A deregistration power of attorney may be recognised in Vietnam provided it satisfies the requirements of an authorisation agreement under Vietnamese law. If it does, additional documents, such as the corporate documents of the grantor could be required. How - ever, if there is an IDERA registered at CAAV, only the authorised party under that IDERA (not the authorised party under the deregistration power of attorney) is entitled to deregister and export the aircraft. The Convention on International Interests in Mobile Equipment and the related Protocol on Matters spe - cific to Aircraft Equipment took effect in Vietnam on 1 January 2015. Accordingly, as of 1 January 2015, an IDERA is always registered with CAAV to protect the right of the IDERA holder in the deregistration and export of the aircraft. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney A deregistration power of attorney can be made in line with foreign laws. However, it may only be recog - nised in Vietnam if it satisfies the requirements for an authorisation agreement under Vietnamese law. 2.8.10 Revocation of a Deregistration Power of Attorney The grantor of a power of attorney is generally able to If a lessee is an applicant for deregistration of an air - craft, the aircraft owner or lessor who is not an author - ised party under the IDERA must obtain the lessee’s written consent to export the aircraft. A mortgagee (who is an authorised party under the IDERA) can export the aircraft without the consent of the owner or lessor. An owner, mortgagee or lessor can increase the likeli - hood that it will be able to export the aircraft without the lessee’s consent by arranging for the registration revoke it under Vietnamese law. 2.8.11 Owner’s/Lessor’s Consent
586 CHAMBERS.COM
Powered by FlippingBook