Decree No. 102/2015/ND-CP on Management and Operation of Civil Aviation Airports

DECREE

On the management and operation of civil airports and airfieldsy

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Pursuant to the Government Organization Law dated December 25, 20001;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006 and the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated July 21, 11 year 2014;

Pursuant to the Land Law dated September 29June 2024;At the proposal of the Director of the Party Work and Political Affairs Department, and the Director of the Department for Building Mass Movements for National Security Protection;

Pursuant to the Construction Law dated November 18, 6 year 2014;

At the proposal of the Minister of Transport,

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Government promulgates the Decree on the management and operation reasonof civil airports and airfields.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree specifies detailed regulations on the management and operation of civil airports and airfields in Vietnam, including: Principles and responsibilities of agencies and units related to the management and operation of civil airports and airfields; planning and implementation of airport planning; procedures for opening and closing civil airports and airfields; management of activities at civil airports and airfields and adjacent areas; joint-use civil and military airports; sale, mortgage, lease, and capital contribution with assets attached to land at civil airports and airfields; business activities at civil airports and airfields.

2. This Decree applies to Vietnamese organizations and individuals, foreign organizations and individuals related to the management and operation of civil airports and airfields in Vietnam.

Article 2. Interpretation of Terms

1. The operator of a civil airport or airfield is an organization that has been granted an operating certificate for the civil airport or airfield.

2. Airport infrastructure includes:

a) Airfield infrastructure;

b) Facilities providing services to ensure flight operations;

c) Facilities ensuring aviation security and emergency services at the airfield;

d) Airport fence facilities; internal traffic roads within the airport; power supply facilities; water supply and drainage facilities; lighting facilities;

đ) Passenger terminal facilities, cargo terminal facilities;

e) Facilities providing ground service support for commercial operations; aircraft maintenance and repair services; aviation engineering services; airline catering services; aviation fuel and aircraft fuel services.

3. Airfield infrastructure includes the following facilities: Runways, taxiways, aprons, and auxiliary facilities of the airfield; fire prevention and control; airfield fences; internal traffic roads within the airfield; environmental protection facilities and other facilities within the airfield area.

4. Assets attached to land at civil airports and airfields are facilities belonging to the airport infrastructure that have been constructed on land at civil airports and airfields.

5. Leasing of airport infrastructure is the act of the owner granting the lessee the right to manage and operate facilities belonging to the airport infrastructure for a specified period to provide corresponding specialized aviation services, with payment according to this Decree and other relevant laws.

6. A facility constructed using state funds is a facility where state funds account for 30% or more of the total investment cost.

7. A facility constructed using other sources of funding is a facility constructed without using state funds.

Article 3. Principles of Management and Operation of Civil Airports and Airfields

1. Ensuring national defense and security tasks; ensuring aviation safety and security. Ensuring close coordination and synchronization among state management agencies at civil airports and airfields; between civil aviation and military agencies related to joint-use civil and military airfields.

2. Ensuring unified, synchronized, continuous, and efficient operation of civil airports and airfields. Ensuring fair and civilized competition, creating favorable conditions for civil aviation activities at civil airports and airfields. Protecting public order and public interest; protecting customer interests; protecting the environment.

3. Ensuring synchronous development of the civil airport and airfield system in line with transportation development strategies, plans, and airport development plans; economic and social development strategies, plans of regions and localities; trends in international civil aviation development, and meeting the needs of air transport development in Vietnam.

4. In cases of necessity for national defense, security, search and rescue, disaster response, and natural calamity mitigation, the Ministry of National Defense shall take the lead and coordinate with the Ministry of Transport to decide on the requisition of part or all of the airport infrastructure with compensation as prescribed by law.

Article 4. Responsibilities of the Airports Operator

1. Maintain sufficient conditions for issuing registration certificates and operation permits for airports; coordinate to ensure service quality at airports.

2. Manage and operate the airport's infrastructure, equipment, and facilities within the assigned scope in compliance with legal regulations and airport operation manuals; maintain airport operations according to applicable technical standards; cooperate in implementing defense, security, or disease prevention tasks at airports.

3. Enter into operation contracts with enterprises licensed by the Civil Aviation Authority of Vietnam to provide corresponding aviation services at airports in accordance with regulations.

4. Carry out maintenance and upkeep of the airport's infrastructure, equipment, and facilities within the assigned scope in accordance with regulations.

5. Conduct public awareness campaigns on laws related to aviation security and safety.

Article 5. Responsibilities of the Vietnam Civil Aviation Authority

1. Perform the duties and powers of the Civil Aviation Authority regarding activities at airports as prescribed.

2. Implement and supervise the execution of airport master plans approved by competent authorities. Organize the preparation and submission to the Minister of Transport for approval of detailed airport planning. Approve detailed construction plans for airport functional areas. Announce airport classification and technical specifications of airports.

3. Fulfill state management agency tasks in project evaluation and issuance of construction permits for airport projects. Supervise compliance with environmental protection regulations at airports.

4. Assign standby airport duties to airports. Guide and direct the management, organization of operations, aviation security and safety, and environmental protection for shared airport activities after obtaining permission from the Ministry of National Defense to organize operations. Announce shared airport activities on the aviation information system as prescribed.

5. Lead and coordinate the activities of state management agencies at airports. Announce the operational capacity of airports; coordinate takeoff and landing times at airports.

6. Direct the establishment, protection, and maintenance of the quality of the information system ensuring airport operations; data networking and coordination of state management agencies' activities at airports. Manage statistical data on flight traffic, passengers, and cargo through airports.

7. Direct the allocation of workspaces for state management agencies regularly stationed at airports. Direct and guide the Civil Aviation Port Office in performing state management tasks at airports.

8. Conduct public awareness campaigns on laws related to aviation security and safety, and airport environmental protection.

9. Perform other tasks delegated or authorized by the Minister of Transport.

Article 6. Responsibilities of the Civil Aviation Port Authority

1. Implement tasks and powers as prescribed by the Civil Aviation Law of Vietnam.

2. Take the lead and coordinate with local authorities to determine boundaries, organize the establishment and protection of boundary markers, and define the boundaries of areas adjacent to civil airports.

3. Take the lead and coordinate with relevant agencies and units, as well as local authorities, to conduct publicity and dissemination of laws concerning air security and safety at civil airports.

4. Directly inspect and supervise the provision of aviation and non-aviation services at civil airports.

5. Perform other tasks authorized by the Director of the Civil Aviation Administration of Vietnam.

Article 7. Responsibilities of People's Committees at all levels where there are civil airports

1. Coordinate in implementing planning, determining boundaries and boundary markers, organizing the establishment and protection of boundary markers for civil airports; defining the boundaries of areas adjacent to civil airports.

2. Ensure land funds and clearance of land for the development of the civil airport system according to approved planning by competent state agencies.

3. Plan and manage land use, ensure air security and safety in areas adjacent to civil airports. Coordinate in emergency airport operations and countermeasures against unlawful interference in civil aviation activities as prescribed by law.

4. Handle violations of air security and safety in areas adjacent to civil airports. Take the lead and coordinate with competent state agencies in enforcing administrative penalties in the field of civil aviation as prescribed.

5. Conduct public awareness campaigns on laws related to aviation security and safety.

Chapter II

PLANNING AND IMPLEMENTATION OF CIVIL AIRPORTS, EXCEPT SPECIALIZED AIRPORTS

Article 8. General provisions on planning of civil airports

1. Planning of civil airports includes:

a) Overall planning for the development of the national civil airport system;

b) Detailed planning of civil airports;

c) Detailed construction planning of functional zones of civil airports.

2. Requirements for planning of civil airports

a) Consistent with the strategy, planning for the development of industries or sectors, or plans for national economic and social development, regional or local development;

b) Meeting requirements for national defense and security;

c) Meeting the development needs of the Vietnamese aviation industry, consistent with international trends in civil aviation;

d) Ensuring geographical, demographic, regional development factors; agricultural land use policies; sustainable environmental protection;

đ) Ensuring safe and efficient operation of civil airports.

3. Funding for planning of civil airports shall be sourced from the state budget, sponsorships from organizations and individuals both within and outside the country, and other lawful sources of capital.

4. The Minister of Transport shall stipulate economic and technical norms for the preparation and publication of civil airport planning.

Article 9. Overall planning for the development of the national civil airport system

1. Overall planning for the development of the national civil airport system includes the following main contents:

a) Determining the demand and requirements for civil air transport, ensuring national defense and security, serving national economic and social development, regional and local economic development;

b) Determining the scale and network of air routes operated by the civil airport system;

c) Determining the development planning for each civil airport including: type, role, location, scale; forecasting planned air routes; land use requirements; investment cost estimates; proposals for priority civil airports for development and implementation resources;

d) Strategic environmental assessment as prescribed.

2. The scale ratio of the overall planning map for the development of the national civil airport system is 1/1,000,000 or larger.

3. The dossier for approval of the overall planning for the development of the national civil airport system includes the following documents:

a) A proposal requesting approval of the planning;

b) Planning project;

c) Comments from relevant agencies and units;

d) Explanations of comments from relevant agencies and units.

4. The Ministry of Transport is responsible for organizing the preparation and submitting to the Prime Minister for approval of the overall planning for the development of the national civil airport system.

Article 10. Detailed planning for civil airports

1. Detailed planning for civil airports includes the following contents:

a) The detailed boundaries of the operational areas of defense agencies and units, common military and civilian operational areas; civil aviation operational areas; land use requirements; area of public land without business purpose and area of land used for business purposes;

b) Air obstacle surface limits, noise map;

c) Location and layout of functional zones of the airport;

d) Location and system of airfield construction projects; coordinates of takeoff and landing runways;

đ) Location and system of construction projects ensuring flight operations; aerospace industry facilities, aircraft maintenance and repair bases;

e) Location of construction areas for offices of agencies and units operating at the airport; construction areas for air service and non-air service facilities; quarantine areas for international airports; advertising facilities;

g) Internal traffic network within the airport, internal traffic network within the port; connecting routes to public transportation;

h) Common water supply system; firefighting water supply system; water supply for aircraft; wastewater drainage system; underground infrastructure system;

i) Location and scale of power supply facilities; power source;

k) Location and scale of fuel supply systems;

l) Location and scale of emergency and rescue systems;

m) Airspace planning, flight routes and flight procedures serving airport operation;

n) Location and scale of terminal buildings, technical service areas, parking lots;

o) Location and scale of infrastructure ensuring airport security;

p) Concentration and treatment areas for waste, environmental pollution reduction;

q) Green space planning;

r) Strategic environmental assessment;

s) Total investment estimate and phased construction plan.

2. The scale of the detailed planning map for civil airports is 1/2,000 or larger.

3. The Minister of Transport shall provide detailed regulations on the procedures, processes for constructing, reviewing, approving, and announcing detailed planning for civil airports.

Article 11. Detailed planning for functional zone construction of civil airports

1. Detailed planning for functional zone construction of civil airports includes the main contents as follows:

a) Construction and technical works system: Construction area; density, number, height, and building height; land use coefficient;

b) Traffic system: Scale, road grade; controlled heights of junctions; typical cross-sections;

c) Total investment estimate and phased construction investment plan.

2. The scale of the detailed planning map for functional zone construction of civil airports is 1/500 or larger.

3. The Minister of Transport shall provide detailed regulations on the procedures, processes for constructing, reviewing, and approving detailed planning for functional zones of civil airports.

Article 12. Investment in construction of civil airports

1. Investment in construction of civil airports must meet the following requirements:

a) Compliance with approved airport planning;

b) Adherence to technical standards issued by the Ministry of Transport; compliance with International Civil Aviation Organization (ICAO) standards and basic standards applicable in the civil aviation sector;

c) Agreement between the Ministry of Transport and the Ministry of Defense on the construction project of the airport;

d) Compliance with laws on investment, construction, and environmental protection.

2. Foreign organizations and individuals are not permitted to invest in the construction of civil airports with a proportion exceeding 30% of the charter capital of the project enterprise or the total equity of investors.

3. The investor may construct airport facilities after being allocated or leased land according to the provisions of the law.

Article 13. Management of boundary markers and fences of civil airports

1. The Civil Aviation Authority shall cooperate with People's Committees at all levels where there are civil airports to determine the boundaries and boundary markers of civil airport planning on cadastral maps, boundary maps, and on-site.

2. The People's Committee at the district level shall be responsible for cooperating with the Civil Aviation Authority to announce, protect the boundary markers of civil airport planning and the surrounding areas.

3. The operators of civil airports and units allocated or leased land shall be responsible for managing and protecting boundary markers, constructing and managing maintenance of fences within the allocated or leased land according to regulations.

4. Costs for determining, marking, setting boundary markers, and managing boundary markers of civil airports shall be funded from the state budget.

5. The operators of civil airports shall bear the costs of building security fence systems, except in cases where the state budget provides funding.

Chapter III

OPENING AND CLOSING OF CIVIL AIRPORTS, EXCEPT FOR SPECIAL PURPOSE AIRPORTS

Article 14. Opening of civil airports

1. Conditions for opening civil airports:

a) Civil airports must meet the requirements stipulated in Clauses 1 and 2 of Article 12 of this Decree;

b) Civil airports have been issued certificates of registration and operation permits in accordance with regulations;

c) Civil airports have been approved by competent state agencies regarding airspace, flight routes, and flight procedures serving airport operations.

2. The operator of the civil airport shall submit eight sets of application files for opening the civil airport directly, through postal services, or other appropriate means to the Ministry of Transport. The application file shall include the following documents:

a) An application document including the name of the civil airport, its location, scale, type, and airport level;

b) A document explaining and proving that the conditions for opening the civil airport as stipulated in Clause 1 of this Article are met.

3. Within fifteen days from the date of receipt of complete application files for opening the civil airport, the Ministry of Transport shall organize an assessment and submit a decision to open the civil airport to the Prime Minister. In case of non-approval, the Ministry of Transport must provide a written response to the applicant, stating the reasons.

4. The Ministry of Transport shall organize the announcement of the opening of the civil airport according to the Prime Minister's decision; decide to convert domestic civil airports into international civil airports according to the overall development plan for the national civil aviation system, which has been approved.

Article 15. Closing of civil airports

1. Closing of civil airports includes the following types:

a) Ceasing operations of the civil airport;

b) Ceasing international air transport operations for international civil airports.

2. The Ministry of Transport shall propose the Prime Minister to make a decision to close civil airports in the following cases:

a) For reasons of ensuring national defense and security;

b) For special reasons affecting the economy and society.

3. Application files for closing civil airports shall include the following documents:

a) A document requesting closure of the civil airport, including information such as the name of the civil airport, its location, scale, type, airport level, reasons and timing for closing the civil airport;

b) An overall plan to address and resolve issues related to the closure of the civil airport;

c) Relevant documents concerning the request to close the civil airport.

4. The Ministry of Transport shall organize the announcement of the closure of the civil airport; coordinate with local authorities and relevant agencies and units to implement measures to address and resolve related issues.

Article 16. Temporary Closure of Civil Aviation Airports

1. The entire or part of the civil aviation airport infrastructure shall be temporarily closed in the following cases:

a) Renovation, expansion, repair work necessitates the cessation of airport operations;

b) The operating certificate of the civil aviation airport has been revoked or suspended;

c) Natural disasters, epidemics, environmental pollution, accidents, air incidents, and other unusual situations threatening aviation safety and security.

2. The Civil Aviation Authority of Vietnam shall submit to the Ministry of Transport for a decision to temporarily close civil aviation airports in cases stipulated in Clause 1 of this Article.

3. At the request of the airport operator, the Director of the Airport Supervision Agency may decide to temporarily close the airport for up to 24 hours due to sudden emergencies or weather conditions to ensure aviation safety and security; immediately report to the Civil Aviation Authority of Vietnam.

4. The Civil Aviation Authority of Vietnam (for cases stipulated in Clause 2 of this Article) and the Airport Supervision Agency (for cases stipulated in Clause 3 of this Article) shall be responsible for announcing the temporary closure of civil aviation airports on the aviation information system as prescribed, notifying local authorities and relevant agencies; directing the implementation of measures to address and resolve related issues.

5. The authority deciding on the temporary closure of civil aviation airports shall decide to allow the airport to resume operations once the reasons for the temporary closure have been eliminated.

6. The Ministry of Transport shall provide detailed regulations on the procedures and formalities for temporarily closing civil aviation airports.

Chapter IV

MANAGEMENT OF OPERATIONS AT CIVIL AVIATION AIRPORTS, EXCEPT FOR SPECIALIZED AIRFIELDS

Article 17. Responsibilities of Agencies, Organizations, and Individuals Operating at Civil Aviation Airports

1. State management agencies at civil aviation airports, airport operators, air service providers, and other organizations and individuals providing services at civil aviation airports shall cooperate to serve and maintain the provision of services for flights in accordance with applicable technical standards, ensuring aviation safety and security, and protecting the environment.

2. Airport operators and air service providers shall maintain the operational conditions of airport facilities and equipment in accordance with applicable technical standards; in case of accidents or direct threats to aviation safety and security, or environmental protection, they must immediately report to the Airport Supervision Agency and implement timely measures to address and resolve the issues.

3. Airport operators and air service providers ensuring flight operations shall pay the concession fee for airport operation to the Airport Supervision Agency as prescribed by the Ministry of Finance.

4. Air service providers at civil aviation airports that are not flight support services or air transport services shall pay the concession fee for airport operation to the airport operator as prescribed by the Ministry of Finance.

5. Airport operators and organizations, individuals providing specialized air services shall provide information and documents about planning, construction, and installation of equipment at civil aviation airports, ensuring aviation safety and security, and environmental protection to the Airport Supervision Agency upon request.

6. Aircraft operators must immediately inform the Airport Supervision Agency and airport operators of changes to flight plans, delayed or canceled flights compared to the planned schedule to coordinate the management of airport operations.

7. Aircraft operators must submit the load balance sheet, consolidated declaration, passenger list, cargo declaration of each flight to the Airport Supervision Agency within five hours after takeoff or landing, or when there is an urgent request from the Airport Supervision Agency. Documents can be submitted directly, through postal services, or other appropriate means. The Airport Supervision Agency shall retain flight documents for two years from the date of receipt.

Aircraft operators may be suspended from conducting flights if they violate the provisions regarding submission of flight documents.

8. Organizations and individuals conducting business at civil aviation airports shall comply with legal provisions on pricing. The Airport Supervision Agency has the right to suspend flights if aircraft operators intentionally fail to fulfill their obligation to pay for provided air services.

Article 18. Construction, renovation, upgrading, maintenance, repair of works, installation, maintenance, repair of equipment at civil airports

1. The construction, renovation, upgrading of works, and installation of equipment at civil airports must be consistent with the purpose of use, airport planning, detailed land use schemes that have been approved by competent state authorities.

2. Managers and operators of works and equipment at civil airports shall be responsible for performing maintenance, upkeep, and repair of works and equipment according to technical standards, procedures applicable, and as prescribed by law.

3. The construction, renovation, upgrading, maintenance, repair of works, installation, maintenance, repair of equipment of air service providers at civil airports in the following cases must be approved by the Civil Aviation Authority of Vietnam:

a) Construction, renovation, upgrading of works;

b) Maintenance, repair of works, installation, maintenance, repair of equipment causing the cessation of operation of works or air service providers for more than 24 hours, except in urgent situations directly threatening aviation safety and security requiring immediate action or situations carried out during non-service periods of continuous flight schedules for 30 days or longer.

4. Maintenance, repair of works or installation, maintenance, repair of equipment of civil airports by air service providers at civil airports in the following cases must notify the Civil Aviation Regional Office in advance of the plan, construction methods, and safety assurance measures for activities at civil airports and flights:

a) Cessation of operation of works or air service providers for less than 24 hours;

b) Cessation of operation of works or air service providers for more than 24 hours in urgent situations directly threatening aviation safety and security requiring immediate action or situations carried out during non-service periods of continuous flight schedules for less than 30 days.

5. The construction, renovation, upgrading, maintenance, repair of works, installation, maintenance, repair of equipment of air service providers at civil airports affecting flight operations must be notified in accordance with regulations on aviation information notifications.

6. The following aviation equipment must have an operating permit issued by the Civil Aviation Authority of Vietnam before being put into operation:

a) Equipment in the field of flight operation support;

b) Equipment installed and operated in the flight area.

7. The permit provided for in Clause 6 of this Article shall be valid for no more than two years.

8. The Ministry of Transport shall specify in detail the procedures and formalities for approving the construction, renovation, upgrading, maintenance, repair of works, installation, maintenance, repair of aviation equipment at civil airports; the establishment of cost norms and unit prices for maintenance and repair work at civil airports; the procedures for issuing and revoking permits for operating aviation equipment.

Article 19. Putting into operation, ceasing operation of works at civil airports

1. Works at civil airports put into operation must meet the operational conditions and standards as prescribed.

2. Works at civil airports ceasing operation must ensure the normal operation of the civil airport, except in cases where the civil airport must be closed or temporarily closed as prescribed.

3. The Ministry of Transport shall specify in detail the conditions, procedures, and formalities for putting into operation and ceasing operation of works at civil airports.

Article 20. Coordination of State Management Activities at Civil Aviation Airports and Airfields

1. The Vietnam Civil Aviation Authority shall guide the procedures for implementing check-in processes for aircraft, passengers, baggage, cargo, and mail based on coordination with relevant specialized state management agencies.

2. The Vietnam Civil Aviation Authority shall organize annual meetings or when necessary to coordinate with state management agencies to unify cooperation work and resolve emerging issues related to activities at civil aviation airports and airfields.

3. The Airport Administration shall provide and update airport layout diagrams for relevant state management agencies at civil aviation airports and airfields; organize monthly joint meetings or when necessary to resolve emerging issues related to activities at civil aviation airports and airfields.

Article 21. Supervision of Activities at Civil Aviation Airports and Airfields

1. Persons, objects, and means entering, leaving, or operating in restricted areas of civil aviation airports and airfields shall be subject to security and safety checks and environmental protection supervision in accordance with the law.

2. The Vietnam Civil Aviation Authority shall organize and supervise technical inspections of specialized means operating at civil aviation airports and airfields.

3. The Airport Administration shall issue and revoke operational identification numbers for specialized means operating at civil aviation airports and airfields.

Article 22. Coordination of Landing and Takeoff Times at Civil Aviation Airports and Airfields

1. The Vietnam Civil Aviation Authority shall organize surveys and announce operational limits for civil aviation airports and airfields for regular flights based on the following factors:

a) Operational conditions of civil aviation airports and airfields;

b) Infrastructure and equipment systems of civil aviation airports and airfields;

c) Capacity to provide air services at civil aviation airports and airfields;

d) Airspace capacity.

2. The Vietnam Civil Aviation Authority shall organize the coordination of landing and takeoff times for aircraft and the use of aircraft parking areas based on the announced operational limits stipulated in Clause 1 of this Article; announce peak hours and mechanisms for managing and allocating landing and takeoff times during peak hours at coordinated civil aviation airports and airfields.

Chapter V

CIVIL AND MILITARY JOINT USE AIRPORTS

Article 23. Determination of Management Areas at Civil and Military Joint Use Airports

1. Civil and military joint use airports are airports serving both civilian and military operations.

2. Civil and military joint use airports include the following areas:

a) Areas exclusively used for military operations;

b) Areas used for civilian operations;

c) Areas jointly used for civilian and military operations.

Article 24. Management of Civil and Military Joint Use Airports

1. Responsibilities for managing civil and military joint use airports:

a) The Ministry of National Defense shall be responsible for managing areas exclusively used for military operations;

b) The Ministry of Transport shall be responsible for managing areas used for civilian operations;

c) The Ministry of Transport shall take the lead and coordinate with the Ministry of National Defense to determine responsibilities for managing areas jointly used for civilian and military operations.

2. The Ministry of Transport shall take the lead and coordinate with the Ministry of National Defense to delineate boundaries for areas exclusively used for civilian operations, areas used for military operations, and areas jointly used for civilian and military operations.

3. Management and operation of civil and military joint use airports must be agreed upon in writing. The airport operator shall take the lead and coordinate with service providers ensuring flight operations and military units within the airport area to develop agreements including the following contents:

a) Division of areas and infrastructure managed and operated by each party; responsibility for managing, operating, and inspecting operational conditions of jointly used areas for civilian and military operations; priority levels for using areas and infrastructure in emergency situations;

b) Coordination in providing services ensuring flight operations and safety within the flight zone; responsibilities of each party in case of emergencies involving military aircraft;

c) Minimum equipment and personnel requirements to meet demands for controlling civilian and military aircraft; coordination in jointly managing and operating dedicated infrastructure, facilities, and services for civilian or military operations when necessary; positions and components performing tasks at the common control tower when there are mixed flight operations;

d) Responsibility for notifying plans for civilian and military flights to relevant units; coordination in exchanging information and unifying measures to ensure aviation security and safety;

đ) Special requirements of each party under nighttime or limited visibility conditions for military aircraft;

e) Coordination in handling construction, renovation, upgrading, maintenance, and operation of infrastructure and equipment in areas exclusively used for civilian or military operations that may affect each other's operations.

Chapter VI

SALE, PLEDGE, LEASE, AND CAPITAL CONTRIBUTION WITH PROPERTY ATTACHED TO LAND AT CIVIL AVIATION AIRPORTS AND AIRFIELDS, EXCEPT FOR SPECIALIZED AIRPORTS

Article 25. Cases where sale, mortgage, lease, and contribution of assets attached to land at airports are permitted

1. Leasing assets attached to state-owned land at airports that have been constructed using state funds or other sources.

2. Mortgaging assets attached to state-owned land at airports that have been constructed using state funds or other sources.

3. Selling assets attached to privately-funded land at airports that have been constructed using other sources.

4. Contributing assets attached to privately-funded land at airports that have been constructed using other sources as capital.

Article 26. Cases where sale, mortgage, lease, and contribution of assets attached to land at airports are not permitted

1. Sale, mortgage, lease, and contribution of airport infrastructure.

2. Sale, mortgage, lease, and contribution of facilities providing air traffic control services, aviation information services, search and rescue services; facilities ensuring aviation security.

3. Sale and contribution of airport infrastructure at airports funded by state funds.

Article 27. General principles for the sale, mortgage, lease, and contribution of assets attached to land at airports

1. The sale, mortgage, lease, and contribution of assets attached to land as stipulated in Article 25 of this Decree shall only be carried out within the scope of rights over the assets and business operations of the organizations or individuals selling, leasing, or contributing capital; such actions must not alter the function of the facility according to the approved airport master plan, the purpose of land use; must not disrupt or affect the operation of the airport; must not impact the business operations of other enterprises in accordance with the law; and must comply with relevant legal requirements concerning aviation safety, aviation security, environmental protection, and align with the airport's expansion and upgrade plans as prescribed by law.

2. Organizations purchasing, leasing, or receiving contributed capital must maintain the operational conditions of the facility, provide services in accordance with its designated functions, meet all related aviation safety, aviation security, environmental protection requirements, and comply with the law on pricing for specialized aviation services; they may not exploit monopoly positions to engage in unfair competition practices.

3. Organizations selling, leasing, or contributing capital must continue to provide aviation services until the purchasing, leasing, or receiving organization has the capability to manage and operate the facility and has obtained the corresponding service provision license as required by law.

4. Organizations selling, mortgaging, leasing, or contributing capital must submit the signed contract to the Civil Aviation Administration of Vietnam within three working days from the date of signing the contract.

5. The sale, lease, and contribution of assets attached to land at airports shall be conducted in accordance with this Decree and other relevant legal provisions. In cases where the purchasing, leasing, or receiving organization fails to meet the prescribed requirements, the Ministry of Transport will consider and decide to terminate the management and operation of the facility by that organization and reorganize the management and operation of the facility in compliance with the law. The decision of the Ministry of Transport serves as the basis for the parties to the contract to carry out the termination of the contract in accordance with the law.

Article 28. Conditions for selecting organizations to purchase, lease, or contribute capital with assets attached to leased land at airports

1. Being a business entity with legal personality as prescribed by law.

2. Having financial capacity appropriate to the requirements of the type of aviation service-providing enterprise.

3. Having a plan to meet management and operation requirements of the facility and corresponding aviation services.

Article 29. Plan for leasing assets attached to leased land at airports constructed using state funds

1. The person entrusted by the State to manage the asset shall prepare the asset leasing plan and submit it to the Ministry of Transport for evaluation.

2. The asset leasing plan includes the following main contents:

a) Name of the leasing organization;

b) List and technical characteristics of the facilities;

c) Value of the asset of the facility;

d) Lease term;

đ) Lease price;

e) Lease conditions;

g) Ability to recover investment capital;

h) Rights, obligations, and responsibilities of the lessor and lessee;

i) Conditions and methods for selecting the lessee organization;

k) Timeframe for selecting the lessee;

l) Plan to maintain operation of the facility and provide corresponding aviation services;

m) Schedule for renovation, upgrading, and expansion of the facility.

Article 30. Approval procedures for the plan to lease assets attached to leased land at airports constructed using state funds

1. Application documents for approval of the leasing plan include:

a) Request document for approval, including information on the name and address of the requesting organization; airport or airfield name; name and location of the facility;

b) Leasing plan.

2. The leasing organization shall submit eight sets of application documents for approval of the leasing plan directly, through postal services, or by other suitable means to the Ministry of Transport.

3. In cases where the documents are complete as required, within forty-five days from the date of receipt of valid documents, the Ministry of Transport shall take the lead and coordinate with the Ministries of National Defense, Planning and Investment, and Finance to organize an evaluation; submit to the Prime Minister for consideration and decision.

In cases where the documents are not valid, the Ministry of Transport must issue a response document to the applicant and guide them to complete the documents according to regulations.

Article 31. Lease Price for Assets Attached to Leased Land at Airports Constructed Using State Funds

1. The pricing plan for leasing assets is established in accordance with the provisions of this Decree and relevant laws on pricing.

2. The lease price includes the following types:

a) Fixed rental price based on the annual depreciation rate of the facility, loan repayment and interest (if applicable), management and operation costs of the facility, and other costs as prescribed; the lease price of the facility shall not be lower than the fixed rental price;

b) Variable rental price based on a percentage (%) of the annual revenue from operating the facility.

3. The lease price is determined based on the following main contents:

a) Value of the facility's asset;

b) Function and technical characteristics of the facility;

c) Leasing conditions;

d) Rights, obligations, and responsibilities of the parties;

đ) Other necessary conditions.

4. The lease price in the lease contract shall not be lower than the approved pricing plan.

5. The lease price in the lease contract may be adjusted in the following cases:

a) Annually every five years;

b) When the inflation rate in Vietnam exceeds 15%/year;

c) Other cases proposed by the parties involved and approved by the competent state agency in the pricing plan.

6. The Ministry of Finance approves the pricing plan for leasing assets and the adjustment pricing plan for leasing assets upon request of the Ministry of Transport.

Article 32. Procedures for selecting organizations to lease assets attached to land leased at airports and airfields constructed with state capital

1. The leasing organization shall submit eight sets of application files for approval of the tender documentation to select direct lessees through the postal service system or other appropriate means to the Ministry of Transport.

2. The application file for approval of the tender documentation includes the following documents:

a) Request document for approval, including information on the name and address of the requesting organization; airport or airfield name; name and location of the facility;

b) Tender documentation according to the model prescribed by the Ministry of Transport.

3. In cases where the application file is complete as stipulated in Clause 2 of this Article, within forty-five days from the date of receipt of all files, the Ministry of Transport shall approve the tender documentation.

In case of non-approval, the Ministry of Transport must issue a written response to the applicant, clearly stating the reasons.

4. The selection of lessees shall be carried out in accordance with the provisions of this Decree and relevant laws on bidding.

5. Lessees must fulfill the procedures for obtaining a license to provide aviation services as prescribed.

Article 33. Lease contracts for assets attached to land leased at airports and airfields constructed with state capital

1. Lease contracts for assets attached to land leased shall be concluded and implemented based on the leasing plan and the results of the selection of leasing organizations.

2. The main contents of the lease contract include:

a) Name, address, bank account number of the parties involved;

b) Rental price;

c) Payment conditions and methods;

d) List of facilities;

đ) Rights and obligations of the parties;

e) Conditions and procedures for amending the contract;

g) Regulations that the approved leasing plan by the competent state authority is an inseparable part of the contract;

h) Effective date of the contract; duration of the contract;

i) Dispute resolution.

3. The lease contract has a term not exceeding thirty years and may be extended by the Minister of Transport for up to twenty years.

4. Revenue from leasing assets shall be prioritized for the following purposes:

a) Construction, maintenance, repair, upgrading, renovation, and expansion of airport infrastructure;

b) Costs for developing and implementing the leasing plan.

5. The Ministry of Transport shall decide on the collection, payment, and use of revenue from leasing assets attached to land leased at airports and airfields constructed with state capital after coordinating with the Ministry of Finance.

Article 34. Pledging assets attached to land leased at airports and airfields constructed with state capital

1. The person entrusted by the State to manage the assets shall prepare a pledging plan and submit eight sets of application files for approval of the pledging plan directly, through the postal service system, or other appropriate means to the Ministry of Transport.

2. The application file for approval of the pledging plan includes the following documents:

a) Request document including information such as the name, address of the requesting organization; name of the airport or airfield; list and technical characteristics of the facilities;

b) Explanation document regarding the following contents: Value of the facility; conditions and form of selection of financial institutions to accept the pledge; pledge period; reason for pledging; pledged loan value; pledge conditions; rights, obligations, and responsibilities of the pledger and the pledgee; plan to maintain operation of the facility and corresponding aviation services; schedule for renovating, upgrading, and expanding the facility.

3. In cases where the application file is complete as stipulated in Clause 2 of this Article, within forty-five days from the date of receipt of all files, the Ministry of Transport shall approve the pledging plan.

In case of non-approval, the Ministry of Transport must issue a written response to the applicant, clearly stating the reasons.

4. Based on the approved pledging plan, the person entrusted by the State to manage the assets shall carry out the pledge in accordance with relevant laws. The content of the pledge contract shall not contradict the content of the approved pledging plan and the provisions of this Decree.

Article 35. Sale, mortgage, lease, contribution of assets attached to land leased at airports, airfields constructed with other sources of capital

1. The owner of the asset shall submit eight sets of application files for agreement on the sale, mortgage, lease, direct contribution to the Ministry of Transport via postal service or other appropriate methods.

2. The application file shall include the following documents:

a) Request document including information such as the name, address of the requesting organization; name of the airport or airfield; list and technical characteristics of the facilities;

b) An explanatory document proving compliance with the relevant provisions of Articles 27, 28, and 37 of this Decree.

3. In cases where the application file is complete as stipulated in Clause 2 of this Article, within forty-five days from the date of receipt of all files, the Ministry of Transport shall agree on the plan.

In case of non-approval, the Ministry of Transport must issue a written response to the applicant, clearly stating the reasons.

4. Based on the agreement of the Ministry of Transport, the owner of the asset shall carry out the sale, mortgage, lease, or contribution of assets according to the relevant laws. The content of the sale, mortgage, lease, or contribution contracts shall not contravene the provisions of this Decree.

5. The buyer, lessee, or recipient of capital contribution by assets attached to land leased at airports, airfields constructed with other sources of capital must follow the procedures to obtain an aviation service provision license as prescribed.

Chapter VII

BUSINESS OPERATIONS AT AIRPORTS AND AIRFIELDS, EXCEPT FOR SPECIALIZED AIRFIELDS

Article 36. List of aviation services at airports

1. Aviation services at airports are those directly related to aircraft, aircraft operation, maintenance, air equipment, air transport operations, and flight activities.

2. The list of aviation services at airports includes:

a) Passenger terminal operation services;

b) Airfield operation services;

c) Cargo terminal and warehouse operation services;

d) Flight activity support services, including air traffic control, information, guidance, surveillance services; aviation meteorology services; aviation news announcement services; search and rescue services;

đ) Aviation fuel supply services;

e) Ground commercial technical service;

g) Aircraft repair and maintenance services;

h) In-flight meal supply services;

i) Air equipment repair and maintenance services;

k) Aviation technical services;

l) Aviation security assurance services.

Article 37. Minimum Capital for Establishing and Maintaining Business Conditions of Airport Enterprises and Aviation Service Providers at Airports

1. For airport enterprises:

a) Operating at international airports: 200 billion Vietnamese dong;

b) Operating at domestic airports: 100 billion Vietnamese dong.

2. For aviation service providers specified in Points a, b, c, d, đ, e, g, and h of Clause 2 of Article 36 of this Decree: 30 billion Vietnamese dong.

3. For aviation service providers specified in Points i, k, and l of Clause 2 of Article 36 of this Decree: 10 billion Vietnamese dong.

4. In cases where an enterprise provides multiple types of aviation services, the highest minimum capital requirement among the provisions of Clauses 1, 2, and 3 of this Article shall apply.

5. Airport enterprises and aviation service providers at airports must be Vietnamese legal entities.

6. Enterprises providing air traffic control services, aviation news announcement services, and search and rescue services must be state-owned enterprises with 100% state capital.

7. For airport enterprises and aviation service providers of airfield operation services, information, guidance, surveillance services, and aviation meteorology services:

a) The proportion of state capital shall not be less than 65% of the registered capital;

b) The proportion of foreign investor capital shall not exceed 30% of the registered capital.

8. For enterprises providing passenger terminal operation services, cargo terminal operation services, aviation fuel supply services, and ground commercial technical services, the proportion of foreign investor capital shall not exceed 30% of the registered capital.

9. Airlines shall not hold more than 30% of the registered capital in:

a) Airport enterprises;

b) Enterprises providing passenger terminal operation services or cargo terminal operation services.

10. Enterprises specified in Clause 7 and Clause 8 of this Article must register changes in shareholders holding 5% or more of the registered capital with the Civil Aviation Administration within thirty days from the date of such changes.

11. Documents confirming capital for obtaining an airport business license or an aviation service provision license at airports are defined as follows:

a) For contributions in Vietnamese dong and freely convertible foreign currency: A document from a credit institution confirming the amount of funds frozen at the credit institution by the entity or individual applying for the license; the release of frozen funds at the credit institution can only be carried out after the entity or individual has been granted the license or received a notification of refusal to grant the license;

b) For contributions in assets or real estate directly serving business purposes: A document from a competent valuation organization confirming the value converted into money of the assets or real estate;

c) Entities or individuals directly confirming the capital of the enterprise shall be responsible for the accuracy and honesty of the figures at the time of confirmation;

d) For airport enterprises and aviation service providers currently operating and wishing to provide additional aviation services may use the latest balance sheet in financial reports within three months of the application date or a bank guarantee letter as a suitable capital confirmation document;

đ) Airport enterprises and aviation service providers have the responsibility to maintain the minimum capital as prescribed.

12. The Civil Aviation Administration shall inspect the compliance of enterprises with the capital regulations; suspend temporarily or revoke the airport business license or aviation service provision license of enterprises that violate these regulations.

Article 38. Activities of Airports Enterprises

1. Airports enterprises are conditional business enterprises. The exploitation certificate for airports and airfields simultaneously serves as the business license for airports, and the service provision permit at airports and airfields.

2. Airports enterprises decide to lease land under their management and use to non-airline service providers according to regulations.

3. Airports enterprises shall enter into operation exploitation contracts with enterprises licensed by the Civil Aviation Authority of Vietnam to provide services at airports and airfields within thirty days from the date of receiving the application from the service-providing enterprise.

Article 39. Provision of Air Services at Airports and Airfields

1. Enterprises providing air services at airports and airfields are conditional business enterprises. The air service provision permit at airports and airfields is issued based on the airport and airfield master plan, relevant laws governing the corresponding service type, infrastructure capacity, and supply capability of existing service providers at airports and airfields, except as provided for in Clause 2 of this Article.

2. The exploitation permit for facilities providing flight operation support services, as stipulated by laws on flight operation support, concurrently serves as the air service provision permit at airports and airfields for enterprises providing flight operation support services.

3. Enterprises providing air services at airports and airfields provide services within the scope of their permits; they may be assigned or lease land and invest in construction projects serving service provision according to the law; they shall enter into operation exploitation contracts with airport operators according to regulations.

4. Enterprises providing air services at airports and airfields must have contingency plans to ensure continuous service provision without disrupting aviation operations, and are permitted to cease service provision according to contract provisions and applicable laws, provided that unilateral cessation of service must be reported in writing to the Civil Aviation Authority of Vietnam at least seven working days before the planned cessation date, specifying the reasons.

5. Based on the actual conditions of airports and airfields, the Civil Aviation Authority of Vietnam directs the provision of air services at airports and airfields to meet operational needs and ensure fair competition; the signing of operation exploitation contracts between air service providers and airport operators; examines pricing factors and price negotiations for air services when necessary; suspends temporarily or revokes the air service provision permit for organizations seriously violating legal provisions.

6. Enterprises providing air services at airports and airfields must comply with regulations on aviation security and safety, fire prevention and control, environmental hygiene, service prices, and service quality standards.

7. The Ministry of Transport shall detail regulations on the provision of air services at airports and airfields; procedures for issuing air service provision permits at airports and airfields.

Article 40. Provision of non-aircraft services at airports

1. The organization of providing non-aircraft services at airports shall not affect the supply capacity and quality of air transport services. The layout for organizing the provision of non-aircraft services within the terminal must comply with the airport operation documentation. Non-aircraft service businesses shall not be organized in the flight area, except for necessary services such as grass cutting, construction, installation, cleaning, repair, maintenance, and upkeep of aviation facilities and equipment.

2. The provision of non-aircraft services at airports must ensure reasonable prices, meet service needs, be appropriate to the nature, scale, and conditions of the airport infrastructure. The selection of organizations and individuals providing non-aircraft services at airports funded by state capital must be conducted through competitive bidding principles to prevent monopolies.

3. The Civil Aviation Authority of Vietnam shall supervise the organization of providing non-aircraft services to meet the needs at airports; examine price formation factors, and if necessary, set prices or price ranges; suspend or terminate contracts for non-aircraft services provided by organizations and individuals who violate legal provisions.

4. Organizations and individuals providing non-aircraft services at airports must comply with regulations on aviation security, aviation safety, fire prevention and control, environmental sanitation, food hygiene and safety, service pricing; ensure service and product standards; publicly display prices; ensure civility, courtesy, and attentiveness.

5. The Ministry of Transport shall provide detailed regulations on the provision of non-aircraft services at airports.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 41. Effective Date

This Decree takes effect from December 12, 2015, and replaces Government Decree No. 83/2007/NĐ-CP dated May 25, 2007, on the management and operation of airports.

Article 42. Implementation organization

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related agencies are responsible for implementing this Decree./.