BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

DELTA AIR LINES, INC. 

for a statement of authorization pursuant to 

14 C.F.R. Part 212 

(U.S.-Vietnam Codesharing)

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

 

 

Docket DOT-OST-2010- 

APPLICATION OF DELTA AIR LINES, INC. 

FOR A STATEMENT OF AUTHORIZATION 

Communications with respect to this document should be sent to: 

March 23, 2010 

Alexander Van der Bellen, 

 Managing Director, Government Affairs 

 and Associate General Counsel 

Jeff Morgan 

 Regional Director, Government Affairs 

DELTA AIR LINES, INC. 

1212 New York Avenue, NW Suite 200 

Washington, DC 20005 

(202) 842-4184 

sascha.vanderbellen@delta.com

NOTICE: Delta is conducting a poll on this application and will advise the 

Department of the results as soon as possible.
 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

DELTA AIR LINES, INC. 

for a statement of authorization pursuant to 

14 C.F.R. Part 212 

(U.S.-Vietnam Codesharing)

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

 

 

Docket DOT-OST-2010- 

APPLICATION OF DELTA AIR LINES, INC. 

FOR A STATEMENT OF AUTHORIZATION 

Delta Air Lines, Inc. (“Delta”) hereby applies pursuant to 14 C.F.R. Part 212 for a 

blanket statement of authorization to display the “VN” code of Vietnam Airlines 

Corporation (“Vietnam Airlines”) on flights operated by Delta. The proposed services are 

expressly authorized under the U.S.-Vietnam Air Transport Services Agreement. 

Vietnam Airlines is a flag carrier of Vietnam. Delta and Vietnam Airlines have 

entered into a codeshare agreement under which Vietnam Airlines will display its code on 

Delta operated flights.1

 This codesharing arrangement will create important benefits for 

the traveling public and will enable Vietnam Airlines to expand its network to the United 

States, while providing Delta with valuable marketing support. Delta and Vietnam Airlines 

seek to begin offering codeshare services as soon as possible.2

 

 

1

 The Delta/Vietnam Airlines codeshare agreement provides for reciprocal codeshare services, 

however, Vietnam Airlines is not seeking authority to display the Delta code on Vietnam Airlines 

operated services at this time. Accordingly, no IOSA safety audit of Vietnam Airlines is required to 

support the instant application. Vietnam Airlines plans to seek authority to carry the DL code when 

regulatory conditions would permit such service. 

2

 Delta hereby requests a waiver of the 45-day advance filing requirement under Part 212 so that 

Delta/Vietnam Airlines codeshare service may be introduced without delay. 
Application of Delta 

Page 2 

Specifically, Delta requests a blanket statement of authorization under 14 C.F.R. 

Part 212 to display Vietnam Airlines’ VN designator code in conjunction with foreign air 

transportation of persons, property, and mail on flights operated by Delta as follows: 

• Between any point or points in the United States3

 and any point or points 

Vietnam (on a nonstop basis and intermediate routings via points in Japan 

and open-skies points); 

• Between U.S. points; and 

• Beyond the United States to any open-skies point or points. 

In support of this Application, Delta submits the following: 

1. Vietnam Airlines holds exemption authority to conduct scheduled foreign air 

transportation of persons, property, and mail between points behind Vietnam, via Vietnam 

and intermediate points, to 25 co-terminal U.S. points and beyond, on a code-sharing 

basis with authorized U.S. and third-country air carriers. The existing exemption was 

approved by Notice of Action Taken dated December 6, 2005 (Docket OST-2000-8562). 

Vietnam’s authority continues in force under the automatic renewal provisions of the 

Administrative Procedures Act by virtue of a timely-filed renewal application submitted on 

November 28, 2007. 

2. Delta holds numerous certificates of public convenience and necessity and 

exemptions which authorize Delta to engage in scheduled foreign air transportation of 

persons, property and mail between points in the United States and points around the 

world. More particularly, Delta holds exemption authority to provide U.S.-Vietnam service 

 

3 In accordance with bilateral requirements, Vietnam Airlines’ code will be displayed to a 

maximum of 25 codeshare-only points in the United States selected by the Government of 

Vietnam.
Application of Delta 

Page 3 

via Japan. NOAT Dated 11/20/08 (OST-2008-0355); Order 2001-8-21 (OST-2000-7194); 

Order 2009-1-8 (Delta/Northwest Route Transfer).4 

3. The proposed codeshare services are fully consistent with the Open Skies Air 

Service Agreement between the United States and Vietnam. U.S.-Vietnam Agreement, 

Article 8, paragraph 7. 

4. The proposed codeshare services are fully consistent with the public interest 

and DOT policy. The Department recognized in its 1995 International Policy Statement 

that codeshare services such as those proposed herein produce important public benefits: 

Code sharing and other cooperative marketing arrangements can provide 

a cost-efficient way for carriers to enter new markets, expand their 

systems and obtain additional flow traffic to support their other operations 

by using existing facilities and scheduled operations. Because these 

cooperative arrangements can give the airline partners new or additional 

access to more markets, the partners will gain traffic, some stimulated by 

the new service, and some diverted from incumbents. In this way, 

cooperative arrangements can enhance the competitive positions of both 

partners in such a relationship. 

Increased international code sharing and other cooperative arrangements 

can benefit consumers by increasing international service options and 

enhancing competition between carriers, particularly for traffic to or from 

cities behind major gateways. By stimulating traffic, the increased 

competition and service options should expand the overall international 

market and increase overall opportunities for the aviation industry.5

Codesharing by Delta and Vietnam Airlines will help maximize the range of service 

options available to the traveling and shipping public and will make both carriers more 

competitive for U.S.-Asia traffic. 

5. Codeshare Markets and Blanket Authorizations

 

4

 This statement of authorization application does not involve the display of Delta code on any 

Vietnam Airlines flights. Before introducing new Delta-coded or Delta-operated services in the 

U.S.-Vietnam marketplace, Delta will seek any additional underlying certificate or exemption 

authority that may be necessary to support such services in the future. 

5

 U.S. International Air Transportation Policy Statement, 60 Fed. Reg. 21841, 21842 (May 3, 1995). 
Application of Delta 

Page 4 

(A) A redacted version of the Delta/Vietnam Airlines codeshare agreement 

(ATTACHMENT B) sets forth the initial codeshare markets at Exhibit A-1. 

 (B) Delta recognizes the current limitation of 25 codeshare-only points 

available to Vietnam Airlines in the United States, pursuant to Annex III (C) and 

requests that this blanket statement extend to the 25 currently-selected U.S. points 

designated by the Government of Vietnam. (ATTACHMENT A).

6

 Should the 

Government of Vietnam change its selection of points, Delta will provide 30 days 

advance notice prior to the introduction of service in this docket. 

(C) Delta will also provide 30 days prior written notice before introducing 

service to intermediate or beyond points in non-open skies countries. 

(D) Delta requests that this application serve as blanket notification of 

codeshare service to beyond and intermediate Open Skies points, which are 

available to Vietnam Airlines Under Annex 1, Section 1 of the U.S.-Vietnam 

Agreement. 

6. Delta requests, consistent with the Department's precedents in other 

codeshare dockets, that the statement of authorization be issued for an indefinite period, 

so long as the Delta/Vietnam Airlines codeshare agreement continues in effect. Delta will 

notify the Department if the agreement should cease to be effective. 

7. Vietnam Airlines will abide by the consumer notification requirements of 

14 C.F.R. Part 257 as well as the other conditions applicable to codeshare services 

operated to or sold in the United States. 

8. Delta's engagement in codeshare services with Vietnam Airlines will not affect 

Delta’s commitment of aircraft to the CRAF program. 

 

6

 The 25 U.S. codeshare points authorized for serve by the Government of Vietnam may be served 

by any authorized routing or gateway. 
Application of Delta 

Page 5 

WHEREFORE, Delta respectfully requests that the Department grant the 

statement of authorization described above. 

 Respectfully submitted, 

 ___________________ 

Alexander Van der Bellen, 

 Managing Director, Government Affairs 

 and Associate General Counsel 

DELTA AIR LINES, INC. 
CERTIFICATE OF SERVICE

A copy of the foregoing document has been served this 23rd day of March, 2010, upon 

the following persons via email: 

gucarneal@hhlaw.com 

carl.nelson@aa.com 

dan.weiss@coair.com 

hershel.kamen@coair.com 

rbkeiner@crowell.com (for Continental) 

mrosia@crowell.com (for Continental) 

jeffrey.manley@united.com 

julie.oettinger@united.com 

howard.kass@usairways.com 

benjamin.slocum@usairways.com 

esta.rosenberg@dot.gov 

keith.glatz@dot.gov 

mike.orr@airlineinfo.com