AGREEMENT

AMONG DIRECTORS GENERAL OF CIVIL AVIATION OF THE KINGDOM OF CAMBODIA,

 THE LAO PEOPLE'S DEMOCRATIC REPUBLIC, THE UNION OF MYANMAR AND

THE SOCIALIST REPUBLIC OF VIETNAM ON

THE ESTABLISHMENT OF SUB-REGIONAL AIR TRANSPORT COOPERATION

Directors General of Civil Aviation of the Kingdom of Cambodia, the Lao People's Democratic Republic, the Union of Myanmar and the Socialist Republic of Vietnam, 

NOTING the formulation of the work programme on competitive air services adopted by the First Meeting of the ASEAN Working Group on Competitive Air Services Policy, July 31‑1 August 1997, Jakarta, Indonesia; 

DESIRING to promote, develop and enhance trade, commerce, tourism and cultural exchange among the Kingdom of Cambodia, the Lao People's Democratic Republic, the Union of Myanmar and the Socialist Republic of Vietnam (CLMV Countries), 

RECOGNIZING the importance to expand and strengthen the cooperation in air transport towards liberalization among CLMV Countries within the Sub‑region; 

RECOGNIZING that the provisions of air services among CLMV Countries would result the following benefits

a.   It will spur investment, tourism and trade;

b.   It will enhance comprehensive cooperation among CLMV Countries in all aspects; and

c.   It will help CLMV Countries step by step participate in the air transport liberalization in the region;

DESIRING to foster closer friendship, cooperation and solidarity among the peoples of the Sub‑region as well as in air transport;

DESIRING to adhere to the principles and provisions of the Convention on International Civil Aviation signed at Chicago on December 7, 1944, and without prejudice to the existing bilateral air services agreements, 

Have Agreed As Follows: 

1.   To officially establish the Sub‑regional Air Transport Cooperation among the Kingdom of Cambodia, the Lab People's Democratic Republic, the Union of Myanmar and the Socialist Republic of Vietnam. 

2.   To give full commitment of cooperation and coordination and adopt practical and pragmatic approaches for implementation of cooperation in air transport toward liberalization in the manner prescribed hereunder:

(i).  There will be no limitation as to the 3rd, 4th and 5th freedom traffic rights, capacity and frequency; no limitation as to the number of the designated airlines;

(ii)   There will be no limitation as to points of origin, points of destination, intermediate points and beyond points within the Sub‑region. The designated airlines of respective countries shall operate only to the international airports which are mentioned in the list attached herewith as ANNEX 1;

(iii)  In-house CRSs (Computerized Reservation Systems) of the designated airlines of one Country shall be allowed to be freely established in the territory of the other Countries in the Sub-region;

(iv)  Dual disapproval principle of tariffs shall be applied for air transportation within the Sub-region;

(v)   There will be no limitation as to non-scheduled air services subject to submission procedures of each Country;

(vi)   Code-sharing and other forms of cooperative arrangements among the designated airlines of the Sub-region shall be permitted and encouraged; and

(vii) There shall be no carriage of cabotage traffic. 

3.   To cooperate in the harmonization of rules and procedures and to facilitate air transportation of passengers, mail and cargo. 

4.   To exchange pertinent information in order to strengthen aviation data base on a regular basis. 

5.   To undertake programmes and projects that will ensure aviation safety and security of civil aviation operation within the Sub-region in conformity with ICAO Standards and Recommended Practices. 

6.   To identify and develop necessary programmes and projects on the bilaterally and multilaterally agreed basis. 

7.   Cooperation within the Sub-region need not require to be implemented by all Countries. Any two of them in the Sub-region may initiate cooperative arrangements between themselves, which will be recognized as part of the Sub-regional cooperation. The remaining Countries may join-in when they are ready. 

8.   To develop and submit to their respective Governments for conclusion of a multilateral agreement on air transport towards liberalization of the CLMV Countries. 

9    To implement the above objectives and aims, the following mechanism shall be applied:

(i)   The Meeting of Directors General of Civil Aviation shall be held on rotation basis at least once a year to review the development of air transport in the Sub-region and work out measures to enhance the cooperation and air transport in the Sub-region; Special Meetings of Directors General of Civil Aviation shall be convened at the request from at least two countries;

(ii)   The Meeting of Air Transport Executives shall be held on rotation basis at least once a year to prepare for and to recommend to the Meeting of Directors General of Civil Aviation measures to enhance the cooperation and air transport in the Sub-region; Special Meetings of Air Transport Executives shall be convened at the request from at least two countries;

(iii)  The Coordinating Country shall be the Country which hosts the Meeting of Directors General of Civil Aviation and Meeting of Air Transport Executives. The responsibilities of the Coordinating Country shall be maintained during and between two Meetings of Directors General of Civil Aviation. 

10.  Any Country may propose any amendment to the provision of this Agreement. Such amendment shall only come into force after it has been accepted by all the other Countries. 

11.  This Agreement shall take effect upon signature. 

Done in Ho Chi Minh City, on 14 January 1998 in four original copies in the English Language.

The State Secretariat of Civil Aviation                  The Department of Civil Aviation

THE KINGDOM OF CAMBODIA                                     THE LAO PDR

Keo Saphal                                                                Daophet Bouapha

Director General                                                          Director General 

The Department of Civil Aviation                           The Civil Aviation Administration

THE UNION OF MYANMAR                           THE SOCIALIST REPUBLIC OF VIETNAM 

U Maung Maung Zan                                                       Nguyen Hong Nhi

Deputy Director General                                                   Director General

ANNEX 1

LIST OF INTERNATIONAL AIRPORTS OF CLMV COUNTRIES

(AIRPORTS IN OPERATION OR TO BE OPEN FOR INTERNATIONAL AIR SERVICES IN IMMEDIATE FUTURE)

1.   THE KINGDOM OF CAMBODIA

Pochentong International Airport

2.   THE LAO PDR

Vientiane International Airport

Louangphabang International Airport (to be opened)

3.   THE UNION OF MYANMAR

Yangon International Airport

Mandaley International Airport

4.   THE SOCIALIST REPUBLIC OF VIETNAM

Noi Bai International Airport

Da Nang International Airport

Tan Son Nhat International Airport