IS IT POSSIBLE FOR A FOREIGN FORWARDING ENTERPRISE REGISTER TO ISSUE A SECONDARY AIR WAYBILL
QUESTION
Dear TLK Law Firm, we hope that your company will answer the following question: I am working at an enterprise operating in the field of foreign freight forwarding. I did some research and learned that businesses can use a secondary air waybill as evidence of entering into a contract to transport goods by air. However, I am not sure whether foreign forwarding businesses are allowed to carry out procedures for registering foreign air waybills and how to carry out this procedure? So let me ask, can foreign forwarding businesses register to issue secondary air waybills? Looking forward to your company's answer. Thank you!
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Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
LEGAL BASIS
1. Vietnam Civil Aviation Law No. 66/2006/QH11 passed by the National Assembly on June 29, 2006;
2. Circular No. 19/2023/TT-BGTVT issued by the Ministry of Transport on June 30, 2023 Amending, supplementing and abolishing a number of articles of circulars related to air transport;
3. Circular No. 21/2020/TT-BGTVT issued by the Ministry of Transport on September 28, 2020 Amending and supplementing a number of articles of Circular No. 81/2014/TT-BGTVT dated December 30 2014 of the Minister of Transport regulating air transport and general aviation activities, Circular No. 14/2015/TT-BGTVT dated April 27, 2015 of the Minister of Transport regulating regulations on non-refundable advance compensation in passenger transport by air and Circular No. 33/2016/TT-BGTVT dated November 15, 2016 of the Minister of Transport regulating reporting operations and data reporting in Vietnam's civil aviation industry;
4. Circular No. 81/2014/TT-BGTVT issued by the Ministry of Transport on December 30, 2014 Regulations on air transport and general aviation activities;
5. Other legal documents providing relevant guidance.
CONSULTATION CONTENT
In the trend of global economic integration, Vietnam is a promised land for foreign businesses. Foreign businesses providing freight forwarding services in Vietnam often encounter difficulties in implementing procedures, including procedures for registering the issuance of secondary air waybills. So can a foreign forwarding business register to issue a secondary air waybill or does it need to go through a domestic company? How is this procedure performed? All your questions related to: "Is it possible for a foreign forwarding enterprise register to issue a secondary air waybill?" will be answered through the article below.
Photo 1. Is it possible for a foreign forwarding enterprise register to issue a secondary air waybill_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO FOREIGN LOGISTICS ENTERPRISES REGISTERED TO ISSUE SECONDARY AIR WAYBILLS
1. What is a secondary air waybill?
According to the provisions of the Vietnam Civil Aviation Law 2006, the secondary air waybill is evidence of the conclusion of a freight forwarding contract for transportation by air between the freight forwarding enterprise and the shipper, the terms of the contract and the receipt of the goods for transportation.
Thus, we can understand that the secondary air waybill is evidence for entering into a contract to transport goods by air. The subjects in this civil transaction relationship are the freight forwarding business and the consignor. In addition to being evidence of contract conclusion, the secondary air waybill also represents contract conditions and proves the receipt of goods for transportation.
2. Subjects registered to issue secondary air waybills
Currently, the need to transport goods by air is an inevitable need in transactions related to goods because of its convenience and speed... Due to the characteristics of a foreign business, Enterprises providing foreign forwarding services when carrying out procedures for registering the issuance of secondary air waybills will have different regulations than Vietnamese enterprises.
Based on Circular No. 19/2023/TT-BGTVT, Vietnam's current law on civil aviation activities stipulates that the registration of issuance of secondary air waybills must be performed by the enterprise Vietnam. Therefore, businesses providing foreign forwarding services can designate Vietnamese businesses as secondary air waybill export agents. After that, the registration of issuance of secondary air waybills will be performed by the Vietnamese enterprise designated as the agent.
Thus, foreign forwarding enterprises cannot register to issue secondary air waybills but will appoint Vietnamese enterprises as agents for issuing secondary air waybills.
3. Requirements for providing air freight forwarding services
The method of transporting goods by air is convenient because it is fast and the volume of goods that can be transported is large. However, to ensure safety and quality in cargo delivery activities by air, the Vietnam Civil Aviation Law 2006 stipulates a number of requirements for the provision of cargo delivery services by air. Airway as follows:
(1) The provision of freight forwarding services by air is not an air transport activity of an airline according to the provisions of the Vietnam Civil Aviation Law;
(2) Enterprises providing cargo delivery services by air can only carry out cargo delivery procedures at airports after being granted a Certificate of registration for issuance of secondary air waybills.
Thus, businesses providing air freight forwarding services must fully meet two requirements: (1) the provision of air freight forwarding services is a service of a service provider business, not an airline's cargo transportation service and (2) only businesses that have been granted a Certificate of registration for issuance of secondary air waybills can perform freight forwarding services by air aviation at airports.
=> See more: What is an international travel permit? What is a domestic travel permit?
II. PROCEDURE FOR IMPLEMENTING PROCEDURES FOR APPLYING FOR CERTIFICATE OF REGISTRATION FOR ISSUING SECONDARY AIR WAYBILLS FROM VIETNAMESE ENTERPRISES TO FOREIGN LOGISTICS ENTERPRISES
1. Steps to carry out procedures for applying for a Certificate of registration for issuance of secondary air waybills from Vietnamese enterprises to foreign forwarding enterprises
Step 1: Enterprises wishing to register for issuance of secondary air waybills prepare and submit documents to the competent authority;
Step 2: The competent authority receives and evaluates the validity of the dossier;
Step 3: In case the dossier is not valid, the competent authority requires the enterprise to supplement and adjust the dossier to make it valid;
Step 4: The competent authority issues the Certificate of registration for issuance of secondary air waybills to the enterprise. In case the Certificate is not issued, the reason must be clearly stated in writing;
Step 5: Receive results.
=> See more: Sample international travel permit? Sample domestic travel permit?
2. Document components and procedures for applying for a Certificate of registration for issuance of secondary air waybills from Vietnamese enterprises to foreign forwarding enterprises
A. Document components:
The dossier to apply for a Certificate of registration for issuance of secondary air waybills from a Vietnamese enterprise to a foreign forwarding enterprise includes a number of documents as follows:
1. Written request according to the form;
2. Copy from the original book or copy and present the original for comparison or certified copy (in case of direct submission), certified copy (in case of submission by post) for Business Registration Certificate;
3. Copy of the secondary air waybill form of the foreign forwarding enterprise;
4. Copy of Business Registration Certificate or equivalent documents of the foreign forwarding enterprise;
5. Power of attorney for the person submitting the application (in case of authorizing someone else to do so);
6. Certified copy of personal legal documents (ID card, citizen identification card, valid passport) of the person performing the procedure;
7. Other documents required by competent state agencies (if any).
Number of documents: 01 set.
B. Resolution agency
Airport Authority
C. How to do it
Submit documents directly or by post or other suitable forms to the Airport
D. Implementation results
- Secondary air waybill registration certificate; or, Written refusal to issue the Certificate of registration for issuance of secondary air waybill clearly stating the reason.
Summary: Vietnamese enterprises are agents for issuing secondary air waybills according to agreements with foreign forwarders, carrying out procedures to apply for a fully prepared Certificate of registration for issuing secondary air waybills and accurate list of documents and send them to the Airport Authority. The Airport Authority reviews and issues a Certificate of registration for issuance of secondary air waybills within 03 working days from the date of receipt of valid documents. In case the application is not valid, within 01 working day, the Airport Authority will notify the business to complete the application. The time to issue the Certificate will be calculated from the time the competent authority receives the valid dossier.
=> See more: What are the sanctions for doing international travel services without a license?
Photo 2. Is it possible for a foreign forwarding enterprise register to issue a secondary air waybill_Hotline: 0972118764
III. SUMMARY OF THE ANSWER SECTION: DO FOREIGN LOGISTICS ENTERPRISES REGISTER TO EXPORT SECONDARY AIR SHIPPING BILLS?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer:
Foreign forwarding enterprises do not directly carry out the procedures for registering the issuance of secondary air waybills. Foreign forwarding businesses need to agree through a contract with Vietnamese businesses. Vietnamese enterprises become agents for issuing secondary air waybills and carry out procedures for registering for issuance of secondary air waybills from foreign forwarding enterprises.
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Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time while the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the company providing the best legal services on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
V. SOME QUESTIONS RELATED TO FOREIGN LOGISTICS ENTERPRISES' REGISTRATION FOR EXPORTING SECONDARY AIR BILLS
Question 1: Will a freight forwarding business that stops operating continuously for 4 months have its certificate of registration for issuing secondary air waybills revoked?
Reply:
The answer is no.
Based on Circular No. 19/2023/TT-BGTVT, enterprises will have their Certificate of registration for issuing secondary air waybills revoked when they stop operating continuously for 06 months. Therefore, in case the enterprise has only stopped operating continuously for 04 months, the Certificate of registration for issuance of secondary air waybill will not be revoked.
Question 2: How long will the Airport Authority send a notice requesting the business to complete the dossier in case the dossier is not valid?
Reply:
Pursuant to Circular No. 19/2023/TT-BGTVT, in case the application for a Certificate is incomplete as prescribed, within 01 working day from the date of receipt of the application, the Port Authority issue written request for the enterprise to complete the dossier and the processing time is calculated from the receipt of the complete dossier according to regulations.
Question 3: What is the evidentiary value of an air waybill?
Reply:
Pursuant to the Vietnam Civil Aviation Law 2006, the evidentiary value of the air waybill is prescribed as follows:
1. The data recorded in the air waybill about the weight, size, packaging of the goods and the number of packages are the initial evidence to make a complaint or sue the carrier.
2. The data recorded in the air waybill regarding the quantity, volume and condition of the goods has no evidentiary value for making a claim or suing the carrier, unless such data has been confirmed in the air waybill that it has been inspected in the presence of the shipper or that these data are clearly identifiable from the outside.
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Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
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