Resolution No. 01/2025/NQ-CP on Expanding International Airport Phú Quốc to Serve the APEC 2027 Meeting

RESOLUTION

On expanding the international airport at Phu Quoc

THE GOVERNMENT

On the basis of Law on Government Organization dated February 18, 2025;

On the basis of Law on Local Administration Organization dated February 19, 2025;

On the basis of Law on Management and Use of State Assets dated June 21, 2017;

On the basis of Law Amending and Supplementing Certain Provisions of the Securities Law, the Accounting Law, the Independent Audit Law, the State Budget Law, the Law on Management and Use of Public Assets, the Tax Administration Law, the Personal Income Tax Law, the National Reserve Law, the Administrative Violation Handling Law dated November 29, 2024;

On the basis of Investment Law dated June 17, 2020;

On the basis of Law Amending and Supplementing Certain Provisions of the Planning Law, the Investment Law, the Public-Private Partnership Investment Law, and the Bidding Law dated November 29, 2024;

Decree No. Decision No. 39/2022/NĐ-CP dated June 18, 2022 of the Government promulgating the Operational Regulations of the Government;

At the proposal of the Ministry of Finance;

The Government issues this Resolution on expanding the international airport at Phu Quoc.

Article 1. On investment to expand the international airport at Phu Quoc for the APEC 2027 Conference

1. Agree to invest in expanding the international airport at Phu Quoc for the APEC 2027 Conference according to the business investment form prescribed in the Investment Law.

2. Entrust the People's Committee of Kien Giang Province to select domestic investors and implement the Project to expand the international airport at Phu Quoc in accordance with its dual-use nature as both civilian and military airport, as proposed by the People's Committee of Kien Giang Province in Document No. 1156/UBND-KT dated May 15, 2025.

3. Delegate authority to the People's Committee of Kien Giang Province to approve the investment orientation and adjust the investment orientation for the Project to expand the international airport at Phu Quoc. The procedures and formalities for approving the investment orientation and adjusting the investment orientation shall be carried out in accordance with the provisions of the law on investment for projects under the approval authority of provincial-level People's Committees.

4. Delegate authority to the People's Committee of Kien Giang Province to organize the assessment and issue the decision to approve the results of the environmental impact assessment report for the Project to expand the international airport at Phu Quoc; organize the assessment and approval of design and fire prevention acceptance for the construction works of the Project to expand the international airport at Phu Quoc in compliance with fire safety regulations.

Article 2. On transferring infrastructure assets of the international airport at Phu Quoc invested and managed by the State

1. Agree to recover and transfer the infrastructure assets of the international airport at Phu Quoc invested and managed by the State from the Ministry of Construction to the People's Committee of Kien Giang Province for management, disposal, and implementation of the Project to expand the international airport at Phu Quoc.

2. The transfer of infrastructure assets of the international airport at Phu Quoc to local management and disposal does not apply to assets managed by Vietnam Airports Corporation Joint Stock Company (ACV) built on defense and security land, land managed by the military (if any), according to the planning approved by the Ministry of Construction.

3. The Minister of Construction decides to recover and transfer the infrastructure assets of the international airport at Phu Quoc invested and managed by the State to the People's Committee of Kien Giang Province for management and disposal through the following procedures:

a) Direct the organization to review and compile a list of infrastructure assets of the international airport at Phu Quoc currently managed by ACV without considering state capital component in the enterprise;

b) Decide to recover and transfer the infrastructure assets of the international airport at Phu Quoc invested by the State to the People's Committee of Kien Giang Province for implementing the expansion project of the international airport at Phu Quoc for the APEC 2027 Conference.

The main contents of the decision on recovery and transfer of assets include: name of the enterprise managing the asset (ACV); name of the agency receiving the asset (People's Committee of Kien Giang Province); list of transferred assets (name of asset; year put into use; basic technical parameters (size/area/volume...); original cost, remaining value; usage nature (civilian, dual-purpose); land management and usage rights attached to the facility; asset usage status); responsibility for organizing implementation.

Reasonable costs directly related to the handover and receipt of assets shall be paid by the agency receiving the assets in accordance with regulations.

The People's Committee of Kien Giang Province shall not pay the value of the assets to the Ministry of Construction when transferring the assets to local management and disposal.

4. The People's Committee of Kien Giang Province shall organize the receipt of infrastructure assets of the international airport at Phu Quoc invested and managed by the State for management, disposal, and implementation of the Project to expand the international airport at Phu Quoc as follows:

a) The People's Committee of Kien Giang Province directs specialized agencies to receive the assets for management and disposal; open a record to track depreciation of the transferred assets from the date of receipt until the completion of asset disposal in accordance with regulations.

b) The People's Committee of Kien Giang Province coordinates with the Ministry of Construction to allow ACV to continue maintenance, operation, and exploitation of the infrastructure assets of the international airport at Phu Quoc (which have been received by the People's Committee of Kien Giang Province) according to the mechanism stipulated in Decision No. 2007/QĐ-TTg dated December 7, 2020 of the Prime Minister regarding the Proposal on the Transfer, Management, Use, and Exploitation of Infrastructure Assets of Airports Invested by the State at Airports and Airfields from the date the People's Committee of Kien Giang Province receives the assets until the completion of investor selection and the operation of the airport by enterprises meeting the conditions set forth by specialized aviation laws and relevant laws.

c) The People's Committee of Kien Giang Province shall consider and decide on the disposal of airfield infrastructure assets attached to land to those granted land use rights by the State in accordance with the provisions of the Land Law, in the form of transferring airfield infrastructure assets with repayment of asset value to the State.

The People's Committee of Kien Giang Province shall hire a business to appraise the value of assets to determine the asset value as one of the bases for considering and deciding on the value of assets to be returned to the State.

Based on the financial records of the assets, the current status records of the assets, the investment orientation for constructing and expanding the Phu Quoc International Airport according to the planning period from 2021 to 2030 with a vision to 2050, the appraisal certificate, and the appraisal report of the hired appraisal business, the People's Committee of Kien Giang Province shall consider and decide on the value of assets to be returned to the State. The determination of the asset value to be returned mentioned above does not include the determination of the advantage of exploiting the asset.

d) The person to whom the State has assigned land or leased land to implement the expansion project of Phu Quoc International Airport shall be responsible for returning the asset value to the State as decided by the People's Committee of Kien Giang Province.

đ) The assignment of land or leasing of land to implement the expansion project of Phu Quoc International Airport shall comply with the laws on land, investment, and other relevant laws.

e) The amount of money obtained (from the remaining difference based on revenue minus maintenance and exploitation costs) according to the mechanism prescribed at point b of this clause shall be deposited into the Kien Giang provincial budget to invest in infrastructure construction serving the APEC 2027 meeting.

g) The amount of money that the person to whom the State has assigned land or leased land to implement the return of asset value to the State as stipulated at point d of this clause shall be deposited into the Kien Giang provincial budget to invest in the infrastructure project serving the APEC 2027 meeting.

Article 3. Implementation Organization

1. Assign the Ministry of Construction:

a) To carry out the transfer of infrastructure assets of Phu Quoc International Airport invested and managed by the State to the People's Committee of Kien Giang Province and to agree with the People's Committee of Kien Giang Province on the transfer deadline of assets to ensure the progress of implementing the expansion project of Phu Quoc International Airport, serving the APEC 2027 meeting.

b) During the handover and acceptance of assets, coordinate with the People's Committee of Kien Giang Province to manage, use, and exploit the assets (including the use, maintenance, exploitation, and funding for management and maintenance work...) in accordance with the law, ensuring uninterrupted and safe air transport operations without interruption.

c) Guide and inspect the construction of the expansion project of Phu Quoc International Airport to ensure compliance with the laws within its scope of state management.

d) Coordinate with the Ministry of National Defense, the Ministry of Public Security, the People's Committee of Kien Giang Province, and the investor to operate and exploit Phu Quoc International Airport to ensure national defense, security, and flight safety.

đ) Direct the Vietnam Airports Corporation Limited to implement investments in facilities to ensure flight operations according to the approved planning, ensuring synchronization with the completion schedule of the expansion project of Phu Quoc International Airport.

2. Assign the Vietnam Airports Corporation Limited (ACV):

a) To conduct a review and compile a list of infrastructure assets of Phu Quoc International Airport invested and managed by the State in the form of non-state capital components in enterprises as directed by the Minister of Construction.

b) Be responsible for maintaining, operating, and exploiting the infrastructure assets of Phu Quoc International Airport according to the provisions of point b of Clause 4, Article 2 of this Resolution to ensure uninterrupted and safe air transport operations until the transfer of infrastructure assets of Phu Quoc International Airport to the new airport enterprise approved by the competent authority is completed; determine the amount of money to be paid according to the provisions of point b of Clause 4, Article 2 of this Resolution and pay it to the state budget as required.

c) Proactively and urgently review and determine the list and investment value (original cost, residual value) of the assets invested by the enterprise at Phu Quoc International Airport as the basis for handling assets in accordance with the law.

3. Assign the People's Committee of Kien Giang Province:

a) To be fully responsible for the proposals stated in documents number 1013/UBND-KT dated April 26, 2025, number 1014/UBND-KT dated April 27, 2025, number 1141/UBND-KT dated May 14, 2025, and number 1156/UBND-KT dated May 15, 2025.

b) Upon receiving the infrastructure assets of Phu Quoc International Airport invested and managed by the State, agree with the Ministry of Construction on the transfer deadline of assets and allow ACV to continue maintaining, operating, and exploiting the assets to ensure uninterrupted and safe air transport operations at Phu Quoc International Airport; manage and use the funds specified in points e and g of Clause 4, Article 2 of this Resolution in accordance with the law.

c) Implement the approval of the investment proposal and adjustment of the investment proposal (if necessary) for the expansion project of Phu Quoc International Airport according to the authority prescribed in Article 1 of this Resolution to ensure compliance with the law.

d) Be fully responsible for selecting domestic investors with capacity to implement the expansion project of Phu Quoc International Airport according to the authority, ensuring transparency and fairness, absolutely preventing corruption and interest groups; direct and supervise the implementation of the project to ensure quality and timely completion to serve the APEC 2027 meeting.

đ) Handle related issues in accordance with regulations to ensure harmonization of interests between the State, investors, and related parties, preventing corruption, loss, and waste.

e) Coordinate with the Ministries of National Defense, Public Security, and Construction to organize, guide, and supervise the operation and exploitation of Phu Quoc International Airport in accordance with the law, ensuring national defense, security, and flight safety.

4. Assign the Ministry of Finance:

a) Guide the People's Committee of Kien Giang Province on the transfer of infrastructure assets and the procedures for expanding Phu Quoc International Airport (if there are any difficulties).

b) Monitor, urge, compile, and report to the Government and the Prime Minister on the results of implementing this Resolution; advise the Government and the Prime Minister to report to the National Assembly at the nearest session regarding the adjustment of procedures, formalities, and authorities stipulated in Clause 3, Article 1 and measures stated in Clause 1, Point c, Clause 4, Article 2 of this Resolution.

5. Entrust the Ministry of Public Security to guide and coordinate with the People's Committee of Kien Giang Province and relevant agencies and organizations in ensuring air security and safety at Phu Quoc International Airport during the process of transferring assets, implementing the expansion investment project, managing, operating, and exploiting Phu Quoc International Airport; supervise the organization of assessment, approval of design, and acceptance for fire prevention and firefighting for construction components of the Phu Quoc International Airport Expansion Investment Project; and advise the Government and the Prime Minister to report to the National Assembly at the nearest session regarding the adjustment of procedures, formalities, and authorities (if any) stipulated in Clause 4, Article 1 of this Resolution.

6. Entrust the Ministry of National Defense to review and implement essential works serving national defense and security; monitor civil aviation activities to ensure security, safety, and national sovereignty; coordinate with the Ministry of Construction, the People's Committee of Kien Giang Province, and the investor to organize operations and exploitation to ensure joint use of civil and military aviation.

7. Entrust the Ministry of Agriculture and Rural Development to guide and coordinate with the People's Committee of Kien Giang Province to fulfill state management functions and tasks according to the law during the implementation of the investment project, management, operation, and exploitation of Phu Quoc International Airport; supervise the implementation of assessment, decision-making on approval of environmental impact assessment reports for the Phu Quoc International Airport Expansion Investment Project; and advise the Government and the Prime Minister to report to the National Assembly at the nearest session regarding the adjustment of procedures, formalities, and authorities (if any) stipulated in Clause 4, Article 1 of this Resolution.

Article 4. This Resolution takes effect from the date of signing and until the end of APEC 2027 meetings. The provisions on decentralization stated in Clause 3 and Clause 4, Article 1 of this Resolution allow application until the completion of the Project. During implementation, if there are changes in legal regulations that facilitate investment procedures and formalities more effectively, such changes shall be applied according to those legal regulations.

Article 5. The Ministers, Heads of ministerial-level agencies, and the Chairman of the People's Committee of Kien Giang Province are responsible for implementing this Resolution./.