Law on Civil Aviation of Vietnam No. 130/2025/QH15

LAW

VIETNAM CIVIL AVIATION

Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly promulgates the Civil Aviation Law of Vietnam.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law regulates civil aviation activities, including provisions on aircraft, airports, aviation personnel, flight operations, commercial air transport, special-purpose aviation, general aviation, aviation safety, aviation security, civil liability, and other activities related to civil aviation.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Aviation security is a part of national security, carried out through the combined use of measures, human resources, and material resources to protect civil aviation activities, prevent and counter illegal interventions.

2. Aviation safety is the state in which risks associated with aircraft operation are reduced, controlled, and meet the objectives set forth in the Civil Aviation Safety Program of Vietnam.

3. Airport is a defined area, including the airport and facilities, equipment serving aviation activities.

4. Domestic flight is a flight where all takeoff and landing points are within the territory of Vietnam.

5. International flight is a flight where at least one takeoff or landing point is outside the territory of Vietnam.

6. Obstacle to aviation are natural or artificial objects (fixed or mobile) located on land, water, in the air, or man-made structures that may affect the safety of flight operations.

7. Essential airport facilities is the minimum system of facilities necessary to ensure that the airport can be operated safely.

8. Air services are services directly related to aircraft operation, flight activities, and airport operation.

9. Flight service provider enterprise is an enterprise providing flight service assurance.

10. Airport enterprise is an enterprise organizing investment and business activities at airports.

11. Air transport enterprise is an enterprise engaged in commercial air transport or specialized air transport business.

12. Air route is an airspace area with defined limits regarding height, width, and control.

13. Aviation security surveillance is an activity carried out by the Vietnamese Civil Aviation Security Authority to ensure organizations and individuals operating in the field of civil aviation comply with aviation security regulations.

14. Aviation safety supervision is an activity carried out by the Vietnamese Civil Aviation Authority to ensure organizations and individuals operating in the field of civil aviation comply with aviation safety regulations.

15. Airline is an enterprise providing or operating air transport services.

16Goods are assets transported by aircraft that are not mail, aircraft equipment, or supplies, or baggage transported or not transported together with passengers.

17. Baggage are personal assets of passengers or crew members transported according to an agreement with the carrier.

18. Civil aviation activities involve the use of aircraft and related activities to carry out commercial air transport, special-purpose aviation, and general aviation.

19. Aviation infrastructure includes facilities at airports, flight service assurance facilities, and takeoff and landing areas.

20. Facilities at airports are facilities serving airport operation activities, including airports, aviation security facilities, facilities providing flight service assurance, air services, and other facilities at airports.

21. Flight service assurance facilities are facilities serving the provision of flight service assurance both inside and outside airport areas, including long-range control centers, approach control centers, air traffic control towers, information, guidance, surveillance stations, and other flight service assurance facilities.

22. Aircraft is an airship heavier than air with engines, obtaining lift during flight mainly from the reaction force acting on fixed surfaces under specific flight conditions.

23. Sustainable Aviation Fuel (SAF) is high-efficiency fuel for reducing CO2 emissions in civil aviation activities produced from waste or renewable materials.

24. Airport operator is an organization holding an airport certificate.

25. Carrier is an enterprise engaged in air transport business, including actual carriers and contractual carriers.

26. Flight permit is a document or command issued by an authorized person or agency, determining the permitted operational conditions and limitations of the aircraft.

27. State of the aircraft operator is the state where the aircraft operator has its principal office or the state of residence of the aircraft operator if the aircraft operator does not have a principal office.

28. State of registration of the aircraft is the state where the aircraft is registered.

29. Airport is a defined area on land or water within an airport to ensure aircraft takeoff, landing, and movement.

30. Aircraft is equipment held aloft in the atmosphere due to the reaction force against the air, including airplanes and helicopters, except:

a) Equipment held aloft in the atmosphere due to the reaction force against the air reflected from the surface of the earth;

b) Unmanned aircraft and other flying vehicles as prescribed by the People's Air Defense Law.

31. Aircraft is considered to be in flight from the moment the aircraft engine starts for takeoff until it shuts down after landing.

32. Helicopter is an airship heavier than air lifted during flight mainly by the aerodynamic reaction force acting on one or more rotors rotating on one or more relatively vertical axes.

33. IDERA Document (Irrevocable De-registration and Export Request Authorization) is a document issued in accordance with the Cape Town Convention on International Interests in Mobile Equipment and the Protocol on Specific Issues Relating to Aircraft Equipment (hereinafter referred to as the Cape Town Convention and Protocol), specifying the person entitled to request deregistration or export of the aircraft.

34. Low-level air transport is the activity of organizations and individuals using unmanned aircraft and other flying vehicles to carry out commercial air transport and specialized air transport.

35. Regular commercial air transport is commercial air transport including flights that are regularly scheduled, according to published flight schedules, and are publicly available for public use.

36. Irregular commercial air transport is commercial air transport but does not have all the elements of regular commercial air transport.

37. Air traffic control zone is an airspace area of defined dimensions within which air traffic control service and alerting service for the safety of air navigation are provided.

38Airport airspace is an airspace area with lateral and upper limits appropriate to each airport, serving aircraft takeoff, landing, and holding over the airport.

Article 3. Application of Law

1. Civil aviation activities shall be carried out in accordance with the provisions of this Law, relevant laws, and international treaties to which the Socialist Republic of Vietnam is a member.

2. In cases where laws or resolutions of the National Assembly promulgated after the effective date of this Law provide special provisions on civil aviation activities different from those stipulated in this Law, specific contents of implementation or non-implementation in accordance with the provisions of this Law, and implementation in accordance with the provisions of such laws or resolutions must be determined.

3. In case of conflict of laws, the application of laws shall be implemented according to the following principles:

a) The law of the state of registration of the aircraft shall apply to social relations arising on board the aircraft while it is in flight and to determine rights to the aircraft;

b) The law of the state where salvage or preservation of the aircraft takes place shall apply to payment of salvage or preservation expenses for that aircraft;

c) The law of the state where an accident occurs due to collision or interference between aircraft, or damage caused by an aircraft in flight to third parties on the ground shall apply to compensation for damages.

Article 4. Principles of Civil Aviation Activities

1. Respect for independence, sovereignty, unity, territorial integrity of the Socialist Republic of Vietnam; ensuring national defense and security; effectively exploiting the potential of civil aviation to serve the country's economic and social development.

2. Ensuring safety, coordination, and efficiency in managing air operations within the territory of Vietnam and air traffic control zones managed by Vietnam.

3. Ensuring compliance with regulations and standards on aviation safety and aviation security; closely and synchronously coordinating in state management work in civil aviation.

4. Being consistent with the orientation and strategy for transportation development; developing airports, air operations, transport means, and other resources in a coordinated manner; protecting the environment and responding to climate change to achieve sustainable development.

5. Ensuring the role of state regulation and market regulation in the field of civil aviation.

6. Ensuring appropriate conditions for people with disabilities, elderly persons, children, pregnant women, and those who have rendered meritorious services to the revolution to use air transport services.

7. Expanding international cooperation in the field of civil aviation.

8. Preparing plans, forces, means, and necessary conditions to promptly respond to illegal interventions in civil aviation activities.

Article 5. Policy on Civil Aviation Development

1. Ensuring freedom of business and equal competition among economic sectors in accessing business opportunities and economic resources; protecting the rights and legitimate interests of Vietnamese organizations and individuals, overseas Vietnamese, foreign organizations and individuals participating in civil aviation activities.

2. Mobilizing maximum resources, diversifying investment forms, construction, management, operation, exploitation, maintenance methods in civil aviation to develop modern airports, connecting synchronously with other transportation modes, enhancing investment efficiency.

3. Supporting investment and development of civil aviation in regions with particularly difficult socio-economic conditions, remote areas, mountainous regions, and islands.

4. Supporting the development of Vietnam's aerospace industry and aerospace auxiliary industries; encouraging research and development, application of science and technology, and digital transformation in the field of civil aviation; researching and developing low-altitude air transport.

5. Providing tax, credit, land incentives for activities related to investment, research, production, import, distribution, and use of sustainable aviation fuel, and investment in building and operating sustainable aviation fuel infrastructure.

6. Ensuring resources to enhance management and exploitation capabilities in airspace; establishing, maintaining, developing, and organizing the implementation of the civil aviation safety monitoring system, aviation security, accident investigation according to International Civil Aviation Organization (ICAO) standards, in line with practical needs and market development requirements.

7. Supporting and encouraging the development of high-quality human resource training for civil aviation activities.

Article 6. Research and Development, Application of Science and Technology, Digital Transformation, and Technology Transfer in Civil Aviation Activities

1. The research and development, application of science and technology, digital transformation, and technology transfer in civil aviation activities shall be carried out as follows:

a) Ensuring advanced and modern technology, ensuring aviation safety, aviation security, environmental protection, and reduction of greenhouse gas emissions;

b) Being in line with the international civil aviation development trend;

c) Prioritizing the application of advanced technologies recommended by ICAO and other international organizations of which Vietnam is a member;

d) Encouraging the study and application of national standards, international standards, regional standards, foreign standards, and relevant industry guidelines, procedures, and technologies.

2. The research and development, application of advanced equipment, materials, scientific and technological means into civil aviation activities, the roadmap, and solutions for implementing digital transformation, and the application of artificial intelligence in constructing, managing, and operating civil aviation activities shall be implemented in accordance with civil aviation development policies and plans.

Article 7. Aerospace Industry Development

1. The aerospace industry includes:

a) Research, design, manufacture, production, modification of aircraft design, engines, propellers, aircraft equipment, components, systems ensuring flight operations, and airport facilities;

b) Maintenance of aircraft, aircraft engines, aircraft propellers, aircraft equipment, components, systems ensuring flight operations, and airport facilities;

c) Research, production, and application of specialized aviation fuels;

d) Research, production, manufacturing, and application of specialized aviation materials;

đ) Research, production, and application of digital technology, artificial intelligence, software, and automation in the aerospace industry.

2. Organizations, enterprises, and individuals engaged in the aerospace industry shall apply the following policies:

a) Organizations responsible for scientific and technological activities using state capital and lawful capital may decide on limited bidding, designated bidding, ordering, and assigning tasks to select product, service, and goods suppliers. The procedures and processes for limited bidding, designated bidding, ordering, and assigning tasks to select product, service, and goods suppliers shall be implemented in accordance with the law;

b) Enterprises shall enjoy incentives as high-tech enterprises under the law on high technology;

c) Organizations and individuals participating in scientific and technological activities shall receive support from the state budget to purchase and operate machinery and equipment serving the implementation of tasks in accordance with the law on high technology.

3. Organizations and individuals involved in training and developing human resources for the aerospace industry shall enjoy policies in accordance with the law on high technology.

4. The State shall have policies to ensure the capability of the Vietnamese Civil Aviation Authority in evaluating and approving the design, manufacture, production, and use of aerospace industry products; areas for pilot training and testing aircraft.

5. The State shall have policies to support the development of the aerospace industry through international cooperation activities, market information, communication, investment connections, tax incentives, commercialization of scientific research results, technological development, and necessary support in accordance with the law on science and technology and innovation.

Article 8. Civil Aviation Database

1. The civil aviation database is a specialized database serving state management of civil aviation and other purposes; it is connected and shared with national databases and other related databases.

2. The competent state agency shall organize the construction, management, and operation of the civil aviation database. Enterprises operating in the field of civil aviation have the responsibility to provide data for the construction of the civil aviation database.

3. Data sharing must be carried out through digital platforms, ensuring connectivity, synchronization, and compliance with legal provisions on data, personal data protection, cybersecurity, and other relevant legal regulations.

4. The budget for constructing, maintaining, and operating the civil aviation database system shall be guaranteed from the state budget and mobilized from enterprises operating in the field of civil aviation or other legitimate sources of funding.

Article 9. Environmental Protection in Civil Aviation Activities

1. Civil aviation activities must ensure a reduction in negative impacts on the environment; reduce emissions of exhaust gases; limit noise from aircraft operations.

2. Aircraft, aircraft engines, propellers, equipment for flight operations, airport equipment, and other ground equipment must meet requirements, standards, and technical regulations on environmental protection.

3. Develop plans to implement Vietnam's international commitments regarding emission reductions and carbon offsetting in international aviation and sustainable aviation fuels as prescribed by law.

Article 10. Principles of International Cooperation in Civil Aviation

1. Ensure independence, sovereignty, territorial integrity, and national interests; meet requirements for international integration based on equality and mutual benefit.

2. Fulfill the responsibilities of member states at international organizations in the field of civil aviation where Vietnam is a member.

3. Promote the development of Vietnam's civil aviation industry according to international standards and practices.

Article 11. Facilitation in Air Transport

1. Air facilitation is an activity aimed at creating conditions for the operation of international flights, avoiding unnecessary delays for aircraft, crews, passengers, baggage, and cargo when implementing legal provisions on departure, entry, transit, quarantine, customs, and flight permits.

2. Air transport facilitation is implemented through the National Program for Simplifying Air Procedures, including the following main contents:

a) Risk management in the implementation of border control procedures to release and clear goods; implementing measures to prevent and control diseases, natural disasters, and other emergencies;

b) Developing effective information technology to increase efficiency in implementing air procedures;

c) Establishing appropriate communication mechanisms for ICAO member states and aircraft operators to submit requests and recommendations on issues related to border control, preventive health care, and customs.

Article 12. Prohibited Acts in Civil Aviation Activities

1. Bringing equipment, items, or other objects into the airspace that affect flight safety.

2. Intentionally damaging signaling systems, equipment, communication stations ensuring flight operations, other equipment at airports, systems and equipment serving flight operations outside airports, or operating ground vehicles not meeting technical conditions at airports.

3. Arbitrarily changing, replacing, adding, or removing equipment, arbitrarily turning off or altering information settings in communication devices that hinder civil aviation activities.

4. Constructing projects, installing other equipment affecting flight safety, operation of equipment at airports; conducting activities causing excessive smoke, dust, fire, exhaust emissions in airport areas or adjacent areas affecting airport operational safety.

5. Installing, using lights, signs, signals, or objects in airport areas or adjacent areas that affect aircraft takeoff and landing at airports or identification of airports.

6. Raising or releasing animals in airport areas.

7. Bringing dangerous items onto aircraft, airports, and restricted areas contrary to regulations.

8. Destroying, damaging, deforming, moving marking objects, barriers, signal recording objects, protective objects at airports; damaging airport identification signs and equipment.

9. Threatening, intimidating flight safety, endangering the lives, health, property of others on board aircraft.

10. Damaging aircraft, aircraft engines, aircraft propellers, and aircraft equipment.

11. Illegally disclosing passenger information, users of air transport services.

12. Buying, selling, giving, receiving rights to air transportation; using trademarks, including trade names and brands that cause confusion with other airlines.

13. Falsifying, counterfeiting, intentionally distorting maintenance records, aircraft operation records, aviation staff training records.

14. Aviation personnel performing duties while having alcohol or prohibited stimulants in their bodies according to laws and competent authorities.

15. Using unmanned aerial vehicles illegally at airports and adjacent areas.

16. Intentionally concealing, failing to report aircraft incidents, accidents, falsifying information, damaging or destroying inspection equipment and other evidence related to aircraft incidents, accidents.

Chapter II
AIRCRAFT

Article 13. Registration, Management, and Deletion of Aircraft Nationality Registration

1. Aircraft may only be permitted to register or temporarily register Vietnamese nationality when it does not have nationality from any country or has had its foreign nationality deleted.

2. Aircraft registered or temporarily registered with Vietnamese nationality shall be recorded in the Vietnamese Aircraft Register.

3. When registering or temporarily registering, aircraft must bear nationality marks and registration marks in accordance with legal provisions.

4. The deletion of Vietnamese nationality registration for aircraft shall be carried out in the following cases:

a) Considered missing;

b) Severely damaged and unable to be repaired or restored;

c) Not meeting the provisions of Clause 1 of this Article;

d) At the request of the person designated in the IDERA document if the IDERA document has been registered with the Vietnamese Civil Aviation Authority;

e) At the request of the aircraft registrant, the aircraft owner. In case the IDERA document has been registered, the aircraft registrant and the aircraft owner can only exercise the right to request deletion of nationality registration if the person designated in the IDERA document has notified about the cancellation of the IDERA document or the IDERA document has been deleted;

f) Enforcement of court judgments or arbitral decisions requiring the deletion of Vietnamese nationality registration that have become legally binding.

5. The deletion of Vietnamese nationality registration for aircraft as stipulated in Clause 4 of this Article must be agreed upon by those entitled to the aircraft that has been registered in accordance with Article 17 of this Law, except in cases where the aircraft is processed for enforcement of court judgments, arbitral decisions that have become legally binding or in the case provided for in point d of Clause 4 of this Article.

Article 14. Type certificate, airworthiness certificate

1. Aircraft, aircraft engines, aircraft propellers produced in Vietnam or imported into Vietnam must have a type certificate or comply with technical standards published or recognized by the competent state authority of Vietnam. An aircraft, aircraft engine, or aircraft propeller will be issued or recognized a type certificate if its design meets the design standards published or recognized by the competent state authority of Vietnam.

2. The airworthiness certificate and the radio equipment installation certificate for aircraft must be issued or recognized by the country of registration of the aircraft.

3. An aircraft may only be operated within the territory of Vietnam when it holds a valid airworthiness certificate issued or recognized by the Vietnamese Civil Aviation Authority.

4. Organizations and individuals approved or recognized by the Vietnamese Civil Aviation Authority to carry out the design, production, testing, maintenance of aircraft, aircraft engines, aircraft propellers, and aircraft equipment in accordance with the provisions of the law.

5. Aircraft bearing Vietnamese nationality, aircraft engines, aircraft propellers, and aircraft equipment bearing Vietnamese nationality must be maintained at maintenance organizations and according to maintenance programs approved or recognized by the Vietnamese Civil Aviation Authority.

6. Engaging in the business of designing, producing, maintaining, and testing aircraft, aircraft engines, aircraft propellers, and aircraft equipment is a conditional business activity in the civil aviation sector.

Article 15. Importing and exporting aircraft, aircraft engines, aircraft propellers, and aircraft equipment

1. The importation of aircraft, aircraft engines, aircraft propellers, and aircraft equipment must ensure national defense, security, and aviation safety, and comply with regulations regarding the age of used aircraft.

In cases where aircraft, aircraft engines, aircraft propellers, and aircraft equipment are imported for educational purposes, exhibitions, or scientific research, they are not required to comply with the regulations regarding the age of used aircraft.

2. A person designated in the IDERA document registered with the Vietnamese Civil Aviation Authority has the right to request the export of aircraft in accordance with the provisions of the Cape Town Convention and Protocol.

3. There is no requirement for an export airworthiness certificate for aircraft exported from Vietnam, except in cases where organizations or individuals request issuance of an export airworthiness certificate to meet the requirements of the importing country.

Article 16. Aircraft Operator

1. An aircraft operator is an organization or individual participating or proposing to participate in the operation of aircraft.

2. An aircraft operator can only provide commercial air transport services or specialized air transport services after being issued an aircraft operator certificate by the Vietnamese Civil Aviation Authority.

3. Foreign aircraft operators holding an aircraft operator certificate issued by another member state of ICAO may only operate to and from Vietnam when their aircraft operator certificate is recognized by the Vietnamese Civil Aviation Authority.

Article 17. Rights and Registration of Rights to Aircraft

1. Rights to aircraft include:

a) Ownership rights to aircraft;

b) Possession and exploitation rights to aircraft through lease purchase or time-limited leasing;

c) Mortgage and pledge of aircraft;

d) Other rights as prescribed by law and international treaties to which the Socialist Republic of Vietnam is a member.

2. The rights to aircraft specified in Clause 1 of this Article include rights to the aircraft body, aircraft engines, aircraft propellers, aircraft radio equipment, and other equipment used on the aircraft regardless of whether they have been installed on the aircraft or temporarily removed from it.

3. Registered rights of the same aircraft must be recorded in the Vietnamese Aircraft Register Book. The registration of rights to aircraft becomes effective from the date recorded in the Vietnamese Aircraft Register Book by the registration authority.

Article 18. Notification of Auction of Aircraft with Vietnamese Nationality

Before auctioning aircraft with Vietnamese nationality, the person holding the auctioned property must publicly announce and notify in writing the auction of the aircraft to the Vietnamese Civil Aviation Authority, the owner, and those whose interests are recorded in the Vietnamese Aircraft Register Book at least one month before the auction date.

Article 19. Payment for Salvage and Preservation Services of Aircraft

1. Organizations and individuals performing salvage and preservation services of aircraft are entitled to priority payment for salvage and preservation services and related expenses.

2. Within ninety days from the end of the salvage and preservation services, organizations and individuals performing such services may register their right to priority payment.

3. After the period stipulated in Clause 2 of this Article, the right to priority payment for salvage and preservation services will not be recognized except in the following cases:

a) The right to priority payment for salvage and preservation services has been registered according to the provisions of Clause 2 of this Article;

b) Organizations and individuals performing salvage and preservation services and those obligated to pay have agreed among themselves on the amount to be paid;

c) Organizations and individuals performing salvage and preservation services have initiated legal proceedings for payment of salvage and preservation services.

Article 20. Priority Debts for Payment

1. Priority debts are paid in the following order:

a) Court fees and costs for enforcement;

b) Salvage and preservation service fees and related expenses;

c) Other debts.

2. Debts specified in point b Clause 1 of this Article are paid in the order that the later debt incurred is paid first. Debts specified in point c Clause 1 of this Article are paid in the order prescribed by relevant laws.

Article 21. International Interests in Aircraft and Aircraft Equipment Registered under the International Registration System

1. International interests in aircraft and aircraft equipment shall be implemented in accordance with the Cape Town Convention and its Protocol.

2. When implementing remedial measures requested by the person designated in the IDERA document registered with the Vietnamese Civil Aviation Authority in accordance with Articles IX and XIII of the Cape Town Protocol, the Vietnamese Civil Aviation Authority does not need prior consent, approval, order, or decision of the Vietnamese court before, during, or after the recovery of the aircraft nationality registration certificate, airworthiness certificate for the aircraft, and the cancellation of the aircraft nationality registration.

3. Courts, aircraft registration authorities, customs, and other relevant state management agencies have the responsibility to cooperate and assist the person designated in the IDERA document in implementing the remedial measures provided for in Articles IX and XIII of the Cape Town Protocol.

Article 22. Leasing and purchasing aircraft

1. Organizations and individuals of Vietnam are permitted to lease and purchase aircraft for the purpose of conducting commercial air transport and other civil aviation activities in Vietnam.

2. The introduction of aircraft into Vietnam for operation must be approved by the Vietnamese Civil Aviation Authority based on an assessment of the following contents:

a) Technical requirements for aircraft operated in Vietnam; organizations responsible for operating and maintaining the aircraft;

b) Plan for developing the fleet of aircraft to operate in Vietnam; aviation infrastructure structure; capacity of the Vietnamese Civil Aviation Authority to supervise aviation safety;

c) Lease term, age of the aircraft, number of aircraft;

d) Requirements for purchasing liability insurance for passengers, baggage, cargo, and third parties on the ground.

3. When using leased aircraft, the lessee shall not allow the lessor or any other person related to the lessor to benefit economically from the lessee or use the lessee's air transportation rights.

4. Vietnamese air transport enterprises are responsible for developing plans for developing the fleet of aircraft to operate in Vietnam and notifying the Vietnamese Civil Aviation Authority.

Article 23. Transfer of Obligations between the State of Registry of the Aircraft and the State of Operation of the Aircraft

1. When Vietnamese organizations and individuals lease or exchange foreign-registered aircraft for operation and use in Vietnam, the Vietnamese Civil Aviation Authority shall negotiate with the competent authority of the state of registry of the aircraft to accept part or all of the obligations of the state of registry of the aircraft as stipulated in Clause 4 of this Article.

2. When Vietnamese organizations and individuals lease or exchange Vietnamese-registered aircraft for operation and use abroad, the Vietnamese Civil Aviation Authority shall negotiate with the competent authority of the state of operation of the aircraft to transfer part or all of the obligations of the state of registry of the aircraft as stipulated in Clause 4 of this Article.

3. The acceptance or transfer of obligations of the state of registry of the aircraft must comply with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

4. The agreements stipulated in Clauses 1 and 2 of this Article must be notified to ICAO and relevant aviation authorities; the agreement includes part or all of the obligations related to the implementation of the following provisions:

a) Provisions ensuring flight operations;

b) Provisions regarding certificates of airworthiness;

c) Provisions for members of the flight crew;

d) Provisions concerning the installation and use of radio equipment on aircraft.

Article 24. Suspension of Flight Operations

1. An aircraft that has not yet departed shall have its flight operations suspended by a decision of a state agency or authorized person in case of any of the following situations:

a) Emergency situation serving national sovereignty protection and national security tasks; flight showing signs of violating regulations on national defense assurance, national security;

b) Violation of regulations on airworthiness standards, aircraft operation, aviation safety, flight procedures, flight plan preparation and implementation, flight permit execution, and other signs threatening aviation safety;

c) Signs of aviation security threat, violation of aviation security regulations.

2. The aircraft commander and aircraft operator must comply with the decision to suspend flight operations and have the right to request the state agency or authorized person to clarify the reasons for suspension.

3. A suspended flight may resume after being allowed to continue by a state agency or authorized person.

Article 25. Request for Aircraft to Land

1. An aircraft flying within the territory of Vietnam shall be requested to land at a designated location by a state agency or authorized person when there are signs indicating a threat to aviation safety or security, or in other cases as required by a state agency or authorized person.

2. The aircraft requested to land may continue its flight after being permitted by a state agency or authorized person.

Article 26. Seizure of Aircraft

1. Seizing an aircraft is a measure applied by the People's Court for the benefit of creditors, owners, third parties on the ground who have suffered damage, or others with rights and interests in the aircraft, as stipulated in Clause 2 of this Article, except for seizing an aircraft to enforce a judgment or decision that has taken legal effect from the People's Court or a decision on compulsory enforcement by a competent state agency. Seizing an aircraft can be applied to any aircraft owned by the same owner.

2. The People's Court in the area where the airport is located where the aircraft is requested to land has the authority to decide to seize the aircraft in the following cases:

a) At the request in writing of the owner or creditor in the case where the aircraft serves as collateral for the creditor's debt;

b) At the request in writing of third parties on the ground who have suffered damage caused by the aircraft in flight or those with rights and interests in the aircraft.

3. The party requesting the seizure of the aircraft must provide financial security in the form and value determined by the People's Court equivalent to the potential damage caused to the aircraft by the seizure.

4. In the event of the seizure of an aircraft, the carrier and operator of the aircraft still have to fulfill their obligations under the contract they have committed to.

5. The seizure of an aircraft shall be terminated in the following cases:

a) All debts have been fully paid;

b) Alternative security measures have been applied;

c) The party requesting seizure has requested to terminate the seizure.

6. The procedure for seizing an aircraft shall be carried out in accordance with the regulations of the Standing Committee of the National Assembly.

Article 27. Liability for Compensation for Damage

1. A state agency or authorized person deciding to suspend the implementation of a flight, request an aircraft to land, or request the seizure of an aircraft contrary to the law shall compensate for the damage caused to the aircraft operator and carrier.

2. The compensation for damage shall be implemented in accordance with the provisions of the law.

Chapter III
AIRPORTS

Article 28. Classification of Airports

1. Airports are classified as follows:

a) International airports serve international flights and domestic flights;

b) Domestic airports serve domestic flights;

c) Special-purpose airports are airports used for general aviation, special-purpose air transport, or occasional commercial air transport.

2. The boundaries of areas adjacent to airports are defined to ensure aviation safety, aviation security, and search and rescue operations in civil aviation activities.

3. Domestic airports are permitted to accept international flights in certain cases as decided by a competent state agency.

4. Airports may be converted for military use in emergency situations to perform national defense and security tasks during wartime or in a state of emergency regarding national defense and security.

The Minister of Defense and the Minister of Public Security shall decide on a time-limited conversion of dual-use facilities from military and security use to civil aviation use.

5. Civilian and military personnel airports belonging to airports are allowed to operate in a dual-use manner. The owner of the military and security facility decides on the operation of the facility in a dual-use manner and coordinates with relevant agencies, units, and localities to manage and operate the facility in accordance with this Law and other related laws.

Article 29. Airports Planning

1. Airports planning includes:

a) National airport system planning is an industry planning that determines the direction for developing the national airport system, serving as a basis for establishing detailed airport planning. The national airport system planning does not include dedicated airports;

b) Detailed airport planning is a detailed industry planning that determines the development direction and spatial organization of the airport.

2. The period of detailed airport planning corresponds to the period of national airport system planning; it is reviewed periodically or at any time according to development needs to adjust appropriately with economic and social development conditions in each stage.

3. The establishment, examination, approval, and adjustment of planning shall be carried out in accordance with the laws on planning and civil aviation.

Article 30. Investment in Building Airports and Facilities at Airports

1. Investment in building airports and facilities at airports must comply with the following principles:

a) Adhere to detailed airport planning;

b) Be consistent with the demand for economic and social development;

c) Ensure synchronous connection of infrastructure structures at airports, connecting airports with public passenger transportation infrastructure, and traffic connections between airports within a region;

d) Ensure requirements for managing and operating dual-purpose facilities for both defense and security purposes and civilian purposes;

e) Comply with regulations on investor capacity, market access conditions for foreign investors; project transfer conditions, project enterprise transfer conditions, capital, and assets formed during and after investment for foreign investors or organizations with foreign investment;

2. The State invests, assigns state-owned enterprises to invest, or organizes the selection of investors in accordance with the law to build new airports.

3. For facilities at airports on defense and security land and state assets, competent authorities may decide on investment, allowing investors and enterprises:

a) To invest in building, upgrading, expanding, maintaining, and operating dual-purpose facilities at airports on defense and security land without having to transfer land use rights or land use purposes;

b) To upgrade, expand, and maintain facilities at airports which are state assets without having to transfer ownership of the assets and can allocate and recover costs corresponding to the investment and maintenance costs of the facilities;

c) In cases where enterprises or investors transfer projects, change operators or users of facilities specified in points a and b of this clause, they must obtain approval from competent authorities.

4. For facilities affecting operational safety or those no longer fit for use or those inconsistent with planning, competent authorities may decide on organizational plans for demolition, relocation, and compensation in accordance with the law.

5. Airport investors or airport enterprises organize investment and lease land for investment in constructing facilities at airports ensuring transparency and fairness.

6. Airport investors or airport enterprises implementing expansion and upgrade projects for facilities at airports on leased land do not need to go through the approval process for investment proposals.

Article 31. Investment in building civil airports with non-state capital

1. The State shall organize the selection of investors to invest in building civil airports through public-private partnership methods or under business investment forms. Before deciding on the investment form, competent state agencies must seek the unified opinions of the Ministry of National Defense and the Ministry of Public Security to ensure national defense and security.

2. Investment in civil airports through public-private partnership methods shall be carried out in accordance with the laws on public-private partnerships. Investment in civil airports under business investment forms shall be carried out in accordance with the laws on investment and the following provisions:

a) The transfer of state assets to investors for investment in building civil airports and the determination of the value of state assets to be repaid to the State shall be implemented in accordance with the Government's regulations;

b) Investors shall transfer all air transport infrastructure assets formed from the project to the State after the expiration of the project operation period, including any extension periods (if applicable), based on the compensation value calculated according to the remaining value of the invested assets recorded in the accounting books at the time of transfer as stipulated by the Government.

3. Expansion and upgrading investments in civil airports shall be carried out as follows:

a) At the proposal of investors who have already invested in building civil airports; in this case, the competent authority shall negotiate with the investor to implement the project;

b) By decision of the competent authority in cases where it is not possible to reach an agreement with the investor as provided in point a of this clause or if the investor does not fulfill or fulfills incorrectly the obligations prescribed in Clause 1, Article 34 of this Law.

Article 32. Investment in constructing administrative office buildings and air traffic control facilities at civil airports

1. Investment in constructing administrative office buildings at civil airports shall be carried out by the State or the airport investor.

2. Investment in constructing air traffic control facilities at civil airports shall be carried out by the State, air traffic service providers, airport companies, or the airport investor.

3. In cases where the airport investor carries out investment as prescribed in Clauses 1 and 2 of this Article, the investor shall transfer the construction works to the State after completion and construction, and shall be paid the value of the invested works in accordance with relevant laws.

4. Agencies and enterprises owning and managing administrative office buildings and air traffic control facilities at civil airports shall be responsible for upgrading, renovating, and expanding these facilities.

Article 33. Business activities at civil airports

1. Business activities at civil airports include:

a) Airport business operations;

b) Air transport services business operations at airports;

c) Other services business operations.

2. The industries and trades specified in points a and b of Clause 1 of this Article are conditional business operations in the civil aviation sector. The provision of other services as specified in point c of Clause 1 of this Article shall be carried out in accordance with relevant laws.

Article 34. Rights and Obligations of Airports Enterprises

1. In investment and construction of airports and airport facilities, airports enterprises have the following rights and obligations:

a) Organize the implementation of investment and construction, upgrading, renovation, expansion of airports and airport facilities according to planning, except for facilities under the management and operation of enterprises ensuring flight activities and cases where the State decides on the investment plan;

b) Invest in purchasing equipment, technology, software supporting the control, management, operation of airports and the coordination work at airports.

2. In business operations at airports, airports enterprises have the following rights and obligations:

a) Organize the operation of airports through direct management and operation; transfer or lease the operation of airports to other entities;

b) Directly or organize the provision of air services at airports and other services at airports; ensure the quality of air services at airports;

c) Grant operating rights for services at airports to organizations and individuals providing services within the service categories set by the State with price frameworks; grant usage rights for shared technical infrastructure systems at airports to other organizations and individuals providing services at airports.

3. Coordinate with relevant agencies and enterprises in the investment, construction, operation of infrastructure, and provision of services using different modes of transport at airports.

4. In cases where airports enterprises directly operate airports as stipulated in point a, Clause 2 of this Article, they must meet the requirements for airport operators as prescribed in Clause 1, Article 35 of this Law; in cases where they directly provide air services and other services at airports as stipulated in point b, Clause 2 of this Article, they must also comply with related legal provisions.

Article 35. Management and Operation of Airports

1. The management and operation of airports must meet the following requirements:

a) Maintain a unified, synchronized, continuous, and effective operational chain;

b) Comply with legal regulations; meet ICAO standards, technical norms, and applicable standards;

c) Ensure service quality and facilitate civil aviation activities at airports;

d) Meet requirements for dual-use facility operations;

đ) Airport facilities, specialized aviation equipment must be subject to regular and spot inspections and maintenance to ensure compliance with design standards, operational standards, and published operational documentation.

2. At each airport, the competent authority shall issue an airport operation certificate to one airport operator upon meeting the conditions as prescribed by the Government.

3. In managing and operating airports, airport operators have the following rights and obligations:

a) Maintain conditions as specified in the airport operation certificate;

b) Directly manage, operate, and maintain airports and airport facilities, equipment within their assigned scope;

c) Lead the coordination of operational activities and safety assurance;

d) Coordinate with military agencies to perform national defense and security tasks at airports according to the requirements and plans of competent state authorities;

đ) Be subject to inspection and supervision by the Civil Aviation Authority of Vietnam, the Aviation Security Authority of Vietnam, and other competent state authorities;

e) Monitor and record the implementation of departure and arrival times at airports, and propose efficient utilization schemes for departure and arrival times at airports.

4. Airport operators may have their airport operation certificates revoked by competent authorities as prescribed by the Government. In such cases, the State will decide on the airport operation scheme.

Article 36. Putting into operation, stopping operation of civil airports, works, part of works at civil airports

1. A civil airport shall be put into operation when it has an airport certificate.

2. Works, part of works at a civil airport shall be decided to be put into operation by the competent authority when they meet the operational conditions and standards.

3. The competent authority shall decide to stop the operation of a civil airport, works, part of works at a civil airport in the following cases:

a) Air disasters, accidents, abnormal situations threatening aviation safety and security;

b) Upgrading, renovation, expansion, repair of aviation infrastructure;

c) Failure to meet operational conditions.

Article 37. Coordination of departure and arrival times at civil airports

1. Coordination of departure and arrival times is the management and allocation of departure and arrival times for flights at civil airports.

2. The Vietnamese Civil Aviation Authority shall organize the implementation of departure and arrival time coordination at civil airports according to the following principles:

a) Within the limits of the operational capacity of the civil airport;

b) Ensuring transparency and non-discrimination, except in cases where national defense and security reasons apply;

c) Convenience, efficiency, increasing operational capacity, expanding air routes;

d) Compliance with international practices.

Article 38. Runways for Takeoff and Landing

1. Runways for takeoff and landing are designated areas on land, water, or man-made structures for aircraft takeoff and landing but not within a civil airport.

2. Runways for takeoff and landing shall be put into operation after being granted permission by the competent state authority.

Chapter IV
FLIGHT OPERATIONS

Article 39. Management of Flight Operations

1. Management of flight operations includes the following contents:

a) Organization of airspace exploitation and use;

b) Issuance of flight permits;

c) Assurance of flight operations;

d) Coordination work in managing flight operations.

2. Aircraft operating within the territory of Vietnam and airspace controlled by Vietnam must comply with the following regulations:

a) Taking off, flying, landing along the permitted route, airway, altitude, airspace, method of flight, entry point, exit point, unless otherwise permitted by the air traffic service provider in accordance with the regulations;

b) Adhering to flight activity regulations, flight rules; preparation, execution, and post-flight regulations.

3. The aircraft commander must promptly report to the air traffic service provider in the following cases:

a) The aircraft cannot fly along the permitted route, airway, altitude, airspace, method of flight, entry point, exit point or cannot land at the intended point as permitted;

b) Emergencies requiring immediate landing;

c) Other urgent situations.

4. Enterprises, air traffic service providers, and military agencies managing airspace must promptly inform and coordinate the implementation of priority support measures and guidance in necessary cases, sharing information data for flight operation management among agencies and units in coordinating flight management.

5. Air traffic service providers are responsible for providing air traffic services for all aircraft operating in designated airspace. An aircraft operating in a specific airspace can only be managed by one air traffic service provider.

6. Aircraft conducting flight activities in airspace controlled by Vietnam shall be provided with flight operation assurance services appropriate to the classified airspace.

7. Aircraft shall not conduct training or practice flights over densely populated areas, except with permission from the competent state authority.

Article 40. Organization, exploitation, and use of airspace

1. The organization, exploitation, and use of airspace to serve civil aviation activities shall be carried out according to the principles of flexibility, regulation, efficiency, and safety.

2. Airspace shall be organized as follows:

a) Civil aviation airspace is airspace used for civil aviation purposes, classified according to the provisions of ICAO;

b) Shared airport airspace is airspace at airports serving civil aviation activities and flights of armed forces;

c) Prohibited airspace area is airspace determined where civil aviation activities are not allowed, except when permitted by the competent authority;

d) Restricted airspace area is airspace determined where civil aviation activities must meet specific conditions;

đ) Hazardous airspace area is airspace determined where civil aviation activities may be dangerous during a specified period.

Article 41. Flight Permit

1. Aircraft operating within the territory of Vietnam must be granted a flight permit by the competent authority of Vietnam.

2. Issuing flight permits for flights must follow the following principles:

a) Meeting requirements related to national defense, security, and foreign relations;

b) Ensuring air safety and aviation security;

c) Being compatible with the capacity of airports and the air traffic service provision system.

Article 42. Compulsory Measures Against Aircraft Violations

Aircraft violating prohibited airspace areas, restricted airspace areas, or violating regulations on air traffic management, airspace exploitation, and use may be subject to measures such as intercepting, escorting, forcing aircraft to land at airports, or other compulsory measures against aircraft.

Article 43. Management of Obstructions to Ensure Safety of Air Operations

Managing obstructions to ensure safety of air operations includes the following activities:

1. Determining height limits and obstruction surfaces;

2. Publicly announcing aviation obstruction surface limits, heights of structures related to aviation obstruction surface limits in areas of civil aviation activities at airports; areas ensuring normal operation of aviation radio stations; obstruction limits of areas adjacent to airports;

3. Statistics, marking, and publicly announcing lists of natural and artificial obstructions that may affect the safety of air operations;

4. Managing the installation of markings and identification equipment for high-rise buildings, bridge towers, cable car lines, tower cranes, power transmission lines, radio technical equipment, and other structures and equipment affecting the safety of air operations.

Article 44. Use of Radio Frequency

1. The range of radio frequencies used for radio stations and information, navigation, and air traffic surveillance systems shall be exclusively used for civil aviation activities.

2. The use of radio frequencies as stipulated in Clause 1 of this Article shall be implemented in accordance with the provisions of this Law and the laws on radio frequency.

Article 45. Fuel Dumping, Luggage, Cargo, or Other Objects from Aircraft

An aircraft in flight shall not dump fuel, release luggage, cargo, or other objects from the aircraft. In cases of flight safety reasons or to carry out rescue missions in emergencies or other public interest flights, the aircraft may dump fuel, release luggage, cargo, and other objects from the aircraft into areas designated by the competent authority.

Article 46. Air Traffic Information

Air data and air traffic information must be managed and published in accordance with civil aviation laws and ICAO standards.

Article 47. Flight Operation Assurance

1. Flight operation assurance services are public services, including the following services:

a) Air traffic management;

b) Information, guidance, monitoring of flight operations;

c) Aviation meteorology;

d) Air traffic information;

e) Search and rescue for aviation.

2. The State shall be responsible for establishing enterprises to provide the services stipulated in Clause 1 of this Article. The services stipulated in points a and d of Clause 1 of this Article shall be provided by enterprises wholly owned by the State.

3. Flight operation assurance services must meet safety, continuity, regulation, and efficiency requirements, complying with regulations on airspace management, usage, protection, national defense, national security, cybersecurity, and network security.

4. Construction of flight operation assurance facilities, technical equipment systems, and technical standard documentation, charts, and aviation maps must comply with ICAO standards and guidelines, and the National Flight Operation Assurance Program.

5. Flight operation assurance service providers, flight operation assurance facilities, technical equipment systems, operational documentation, charts, and aviation maps must be licensed and approved before being put into operation and use.

6. The National Flight Operation Assurance Program is issued to organize and operate a unified flight operation assurance system consistent with the ICAO Flight Operation Assurance Program.

Article 48. Search and Rescue for Aviation

1. An aircraft is considered in distress when the aircraft or persons on board are in danger that the flight crew cannot overcome, or when the aircraft loses contact and its location has not been determined.

2. An aircraft is considered in disaster if it suffers severe damage while taxiing, taking off, flying, landing, or is completely destroyed and lands outside an airport.

3. An aircraft is considered missing from the date of the decision to terminate search operations.

4. Enterprises and organizations providing air traffic services, search and rescue services, airport operators, and state agencies with authority have the responsibility to coordinate and apply all necessary and timely measures to carry out search and rescue operations, assist aircraft, passengers, crews, and property.

5. Search and rescue operations for Vietnamese-registered aircraft in distress or disaster on foreign territory shall be conducted in accordance with the laws of the country where the aircraft is in distress or disaster.

In cases where foreign-registered aircraft are in distress or disaster in Vietnam, the country registering the aircraft's nationality and the owner of the aircraft may participate in search and rescue operations in Vietnam and must comply with Vietnamese laws.

6. Cooperation in assistance and participation in search and rescue between Vietnam and other countries shall be carried out according to international treaties to which the Socialist Republic of Vietnam is a member.

Chapter V
AIR CARGO AND PASSENGER CARRIAGE

Article 49. Air cargo transportation

1. Air cargo transportation is an industry and business activity subject to conditions in the civil aviation sector, including commercial air cargo transportation and specialized air cargo transportation.

2. Commercial air cargo transportation is the operation of aircraft for the purpose of transporting passengers, goods, or mail for business purposes, including regular commercial air cargo transportation and irregular commercial air cargo transportation.

3. Specialized air cargo transportation is the operation of aircraft for business purposes in industrial, agricultural, forestry, fishery, construction, training activities, other economic sectors, and for search and rescue, emergency medical services, health care, scientific research, cultural, sports, calibration flights, surveying, photography, filming, and other aerial work.

Article 50. Rules of air cargo transportation

1. The rules of air cargo transportation are part of the air cargo transportation contract, stipulating the conditions of the carrier regarding the transportation of passengers, baggage, goods, and mail by air.

2. Vietnamese airlines have the responsibility to issue, publish the rules of air cargo transportation, and notify the competent authority.

Article 51. Right to air cargo transportation

1. The right to air cargo transportation is the right granted to airlines to operate commercial air cargo transportation.

2. Airlines carry out promotional activities and provide regular commercial air cargo transportation services after being authorized by the competent authority to exercise the right to air cargo transportation.

3. The right to domestic air cargo transportation is only granted to Vietnamese airlines. The right to irregular international air cargo transportation and the right to domestic air cargo transportation are granted together with the permit to fly.

4. Foreign airlines may conduct domestic air cargo transportation flights when permitted by the competent authority in the following cases:

a) Preventing, responding to, and mitigating accidents or disasters;

b) Providing urgent humanitarian aid;

c) Serving specific needs or purposes of organizations or individuals;

d) Other special cases at the request of the competent state authority.

5. The exchange of rights to air cargo transportation between Vietnam and other countries is carried out through international treaties to which the Socialist Republic of Vietnam is a member. In cases where the Socialist Republic of Vietnam is not yet a member of an international treaty, the competent state authority may allow airlines to temporarily operate regular international commercial air cargo transportation services to and from Vietnam.

Article 52. Activities of selling air cargo transportation services

1. Vietnamese airlines and foreign airlines permitted to sell or issue passenger tickets, baggage tickets, air waybills directly at their branches or ticket sales agents based on agency contracts or through electronic transactions.

2. Foreign airlines can establish branches or representative offices in Vietnam and register with the competent state authority in accordance with the law.

3. Foreign airlines providing air cargo transportation services in Vietnam are entitled to settle, convert, and transfer foreign currency abroad in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

Article 53. Transportation of passengers and baggage

1. The carrier must have a contract with passengers regarding the transportation of passengers and baggage. Passenger tickets, baggage tickets, rules of air cargo transportation, service price lists, and other written agreements between both parties are part of the passenger and baggage transportation contract.

2. The obligations of the carrier when transporting passengers include:

a) Transporting passengers and baggage to the agreed destination and delivering checked baggage to the person entitled to receive it;

b) Publicly announcing the standards of commercial air cargo transportation services;

c) Promptly informing passengers about flight information; paying attention to and caring for passengers, especially those with disabilities or requiring care during transportation;

d) If a passenger has been confirmed a seat on a flight but the transportation is delayed, canceled, or refused without the passenger's fault, the carrier must promptly inform, apologize to the passenger, ensure meals, rest, and travel arrangements, and bear related costs appropriate to the waiting time at the airport;

đ) If a passenger has been confirmed a seat on a flight but the transportation is delayed, canceled, or refused due to the carrier's fault, in addition to fulfilling the obligations specified in points c and d of this clause, the carrier must arrange an alternative journey for the passenger or refund the unused portion of the ticket according to the passenger's request without charging any related fees;

e) If due to the carrier's fault, a passenger who has been confirmed a seat on a flight is refused transportation, the flight is canceled, or the flight is significantly delayed, the carrier shall fulfill the obligations specified in points c, d, and đ of this clause and pay a non-refundable advance compensation to the passenger in cash or equivalent vouchers. If compensation for damages under civil liability is required, this compensation will be deducted from the compensation under civil liability;

g) The carrier is responsible for the accuracy of the information published or announced in accordance with this clause.

3. Vietnamese aviation authorities supervise the fulfillment of the carrier's obligations as stipulated in Clause 2 of this Article.

Article 54. Refusal to Transport Passengers with Tickets and Confirmed Seats on Flights or During the Journey

The carrier has the right to refuse to transport passengers in the following cases:

1. Due to the passenger's health condition, the carrier considers that transportation or continued transportation would be harmful to the passenger, to other persons on board the aircraft, or would endanger the flight.

2. To prevent the spread of infectious diseases.

3. When the passenger does not comply with regulations on ensuring aviation safety and security, and air transport operations.

4. When the passenger engages in behavior that disrupts public order, threatens flight safety, or affects the life, health, or property of others.

5. When the passenger uses alcohol, beer, or other stimulants to the extent that they lose control over their behavior.

6. For security reasons.

7. At the request of competent state authorities.

Article 55. Rights of Passengers

1. To be transported together with luggage to the destination and to enjoy services corresponding to the quality stipulated by law and the transportation contract.

2. In case the passenger is not transported due to the carrier's fault, the passenger has the right to request the carrier to arrange an appropriate journey or refund the price of unused ticket or service portion.

3. To be informed by the carrier about the limit of liability for compensation applicable in the event of death, injury of the passenger, damage, loss, or delayed transportation of luggage.

4. To receive back the ticket price or an equivalent amount of the unused ticket or service portion, after deducting costs and penalties according to the conditions of the ticket or transportation contract as specified in Clauses 1, 2, 6, and 7 of Article 54 of this Law.

5. To refuse the flight; if during the journey, the passenger has the right to refuse to continue flying at any airport or mandatory landing point and to receive back the ticket price or an equivalent amount of the unused ticket or service portion, after deducting costs and penalties as stipulated by the airline.

6. To be exempted from the minimum service charge for baggage transportation as stated in the regulations or the Transportation Charter published by the airline.

7. Children aged two years to under twelve years old must be provided with a separate seat and must use the support services of the airline if traveling without an adult; children under two years old do not have a separate seat and must travel with an adult.

Article 56. Obligations of Passengers

1. To comply with regulations on ensuring aviation safety and security.

2. To follow the instructions of the carrier during transportation.

3. To compensate for damages when the passenger's fault causes damage to the carrier or aircraft operator.

Article 57. Transportation of Cargo

1. A cargo transportation contract is an agreement between the carrier and the cargo consignor, whereby the carrier undertakes to transport the cargo to the destination and deliver it to the person entitled to receive it; the cargo consignor undertakes to pay the service charge for transportation.

2. Airway bill, other written agreements between the parties, Transportation Charter, and service charge list are documents of the cargo transportation contract.

3. Cargo transportation by air must have an airway bill. An airway bill is a document of air cargo transportation, evidence of the conclusion of the contract, receipt of goods, and the terms of the contract.

Article 58. Refusal to Transport Goods

The carrier has the right to refuse to transport goods in the following cases:

1. The goods transported are not in accordance with the type of goods agreed upon.

2. The consignor does not comply with the conditions and instructions of the carrier regarding packaging, marking, and coding of the goods.

3. The goods are refused transportation for reasons of national defense and security.

Article 59. Obligation to Provide Information of the Consignor

1. Shall be responsible for the accuracy of the information and commitments related to the goods recorded in the air waybill.

2. Shall provide necessary information and documents at the request of customs, police, and other competent authorities before the goods are delivered to the recipient. The carrier shall not be liable for verifying the accuracy and completeness of the information or documents provided by the consignor.

3. Shall compensate for damages caused to the carrier or damages that the carrier must bear responsibility for due to providing inaccurate, incomplete, or improperly formatted information supplied by the consignor into information storage means.

4. Shall present documents specifying the nature of the goods as required by customs, police, and other competent authorities.

Article 60. Carrier Under the Contract and Actual Carrier

1. The carrier under the contract is the person who enters into an air cargo transportation contract with passengers, consignors, or representatives of passengers and consignors.

2. The actual carrier is the person who performs all or part of the transportation pursuant to the authorization of the carrier under the contract but is not the subsequent carrier.

3. The responsibilities of the carrier under the contract and the actual carrier are stipulated as follows:

a) The carrier under the contract is responsible for the entire transportation agreed upon in the contract. The actual carrier is responsible for the portion of transportation performed by themselves.

b) The acts of the carrier under the contract and the acts of its employees and agents within the scope of their duties are considered the acts of the actual carrier related to the portion of transportation performed by the actual carrier. The actual carrier shall not be held liable beyond the limit of liability for compensation prescribed in Section 1 of Chapter VI of this Law.

c) The acts of the actual carrier and the acts of its employees and agents within the scope of their duties are considered the acts of the carrier under the contract related to the portion of transportation performed by the actual carrier.

d) Except where the actual carrier has consented, the agreement of the carrier under the contract shall not affect the liability of the actual carrier in the following cases:

d1) The agreement of the carrier under the contract concerning obligations outside the provisions of this Law.

d2) The agreement concerning the waiver of rights prescribed in this Law.

d3) The agreement concerning the declaration of the value of goods and checked baggage according to the Transportation Regulations of the carrier under the contract.

Article 61. Transport of Dangerous Goods

1. Dangerous goods are goods containing substances or objects that pose a danger to human health, life, flight safety, property, or the environment, listed in the dangerous goods catalog in the field of civil aviation.

2. The transport of dangerous goods shall be carried out in accordance with the provisions of the law on civil aviation and other relevant laws.

3. The transport by air of weapons, war equipment, radioactive materials shall only be carried out when authorized by the competent authority.

Article 62. Compulsory Liability Insurance for Damage Compensation

1. The carrier must purchase compulsory liability insurance for damage compensation or take other security measures up to the limit of liability of the carrier for the following damages:

a) Life and health of passengers;

b) Loss, shortage, damage to goods and baggage;

c) Other damages caused by delayed transportation.

2. Aircraft operators must purchase compulsory liability insurance for damage compensation to third parties on the ground or take other security measures up to their limit of liability for damage compensation.

Article 63. General Aviation

1. General aviation is the operation of aircraft that is not commercial air transport or specialized air transport.

2. General aviation activities must comply with regulations on aircraft, aircraft operations, flights, air safety conditions, aviation security, environmental protection, and other relevant laws.

3. Organizations and individuals conducting general aviation activities must register their activities in accordance with the regulations.

4. Organizations and individuals conducting general aviation activities must purchase compulsory liability insurance for damage compensation.

Chapter VI
CIVIL LIABILITY

Section 1
CIVIL RIGHTS AND OBLIGATIONS OF THE CARRIER

Article 64. Carrier's Liability for Damage Compensation

1. The carrier shall be liable for compensation for damage in cases where passengers die or are injured due to accidents occurring on board the aircraft or during the process of the carrier transporting passengers onto or off the aircraft.

2. The carrier shall be liable for compensation for damage in cases where checked baggage is destroyed, lost, or damaged due to events occurring on board the aircraft or while the checked baggage is under the carrier's management. The carrier shall not be liable if the damage occurs due to the inherent characteristics or defects of the goods. For carry-on baggage, including personal items, the carrier shall be liable for compensation if the damage is caused by the fault of the carrier, its employees, or its agents.

3. In cases where the carrier acknowledges the loss of checked baggage or the failure to deliver checked baggage within 21 days from the date it should have been delivered according to the contract, the passenger has the right to request the carrier to fulfill its contractual obligations to protect their rights under the transportation contract.

4. The carrier shall be liable for damage in cases where goods are damaged or lost if the event causing the damage occurs during air transportation. Air transportation includes the period during which goods are under the carrier's management.

5. Air transportation does not include road, sea, or inland waterway transportation outside airports.

In cases where road, sea, or inland waterway transportation is intended for loading, delivery, or transshipment of goods to fulfill an air transportation contract, such transportation is considered part of air transportation, except in cases of fault by the road, sea, or inland waterway carrier.

In cases where the carrier substitutes part or all of the air transportation agreed upon between the parties with another mode of transportation without the shipper's consent, such transportation is considered part of air transportation.

6. In cases where goods or baggage have been compensated but continue to be transported to the destination, the consignee or passenger still has the right to receive the goods or baggage and return the compensation amount received to the carrier.

7. The carrier must refund the service fee for the damaged checked goods or baggage to the shipper or passenger.

8. The level of damage compensation and the limit of liability for damage compensation of the carrier shall be stipulated by the Government.

9. The carrier may only enjoy the limit of liability for damage compensation regarding the life and health of passengers if the carrier proves that the damage did not occur due to its fault or was entirely due to the fault of a third party.

10. The carrier shall not enjoy other limits of liability for damage compensation in cases where the carrier, its employees, or its agents intentionally cause damage or act negligently but with awareness that damage could occur. If such actions are performed by employees or agents, it must be proven that they acted while performing their duties.

Article 65. Exemption and Reduction of Liability for Compensation of the Carrier

1. In cases where it can be proven that the damage occurred due to the fault of the party entitled to claim compensation, the carrier may be exempted from part or all of its liability for compensation corresponding to the degree of fault of the party entitled to claim compensation.

2. In cases where it can be proven that the damage to the life or health of passengers occurred due to the fault of the passenger, the carrier may be exempted from part or all of its liability for compensation corresponding to the degree of fault of the passenger; the carrier shall not be liable for compensation for damage to the life or health of passengers if such damage is entirely caused by the passenger's health condition.

3. The carrier shall be exempted from liability for compensation for damage if the carrier proves that the damage or loss of goods is due to one or more of the following reasons:

a) Due to the natural characteristics or inherent defects of the goods;

b) Due to the fault in packaging the goods which was not carried out by the carrier, its employees, or its agents;

c) Due to war or armed conflict;

d) Due to decisions of competent state authorities regarding the acceptance, delivery, entry, exit, or transit of goods.

4. The carrier shall not be liable for damages resulting from delayed transportation if the carrier proves that it, its employees, and its agents could not apply or had applied all measures to avoid the damage but the damage still occurred.

Article 66. Agreement on Limitation of Liability for Compensation

1. Any agreement between the carrier and passengers, shippers, or consignees aimed at exempting or reducing the limitation of liability for compensation of the carrier shall have no legal effect.

2. The carrier may agree with passengers, shippers, or consignees on a higher limit of liability for compensation than the prescribed limit of liability for compensation.

Article 67. Compensation for Damage to the Carrier

1. Passengers, shippers, or consignees must compensate for damage to the carrier if they cause damage to the carrier or cause damage to a third party for which the carrier is responsible for compensation.

2. A third party must compensate for damage to the carrier if they cause damage to passengers, shippers, or consignees for which the carrier is responsible for compensation to the passengers.

Article 68. Advance Payment

1. In cases where an aircraft accident causes damage to the life or health of passengers, the carrier decides to pay an advance amount to the passenger or the party entitled to claim compensation.

2. The advance payment provided for in Clause 1 of this Article is not evidence to establish the fault of the carrier and shall be deducted from the amount of compensation for damage that the carrier must pay.

Article 69. Complaints and Lawsuits Against the Carrier

1. In cases of loss, shortage, damage, or delayed transportation of checked baggage, cargo, passengers, shippers, consignees, or their lawful representatives have the right to sue the carrier to protect their legitimate rights and interests.

2. Before filing a lawsuit as provided for in Clause 1 of this Article, passengers, shippers, consignees, or their lawful representatives must file a written complaint with the carrier within the following time limits:

a) Seven days from the date of receiving baggage in cases of loss, shortage, or damage to baggage;

b) Fourteen days from the date of receiving goods in cases of shortage or damage to goods; twenty-one days from the date of delivery required in cases of lost goods;

c) Twenty-one days from the date the person entitled to receive has received the baggage or goods in cases of delayed transportation.

3. If the complaint is not filed within the time limit specified in Clause 2 of this Article, passengers, shippers, consignees, or their lawful representatives lose the right to sue the carrier, except in cases of justifiable reasons or deceit by the carrier.

4. The carrier must notify the complainant of its acceptance or non-acceptance of the complaint within thirty days from the date of receipt of the complaint. If the complaint is not accepted or the time limit specified in this clause is exceeded without receiving a response, the complainant has the right to sue.

5. Actions to sue the carrier for liability for compensation must be carried out in accordance with the conditions and limits of liability for compensation prescribed in this Law.

Article 70. The Defendant

In the case where the transportation is actually carried out by the actual carrier, either the actual carrier or the carrier under the contract, or both may be sued; if one carrier is sued, that carrier has the right to request the court to join the other carrier in the proceedings.

Article 71. Rights of Employees and Agents of the Carrier when Complained Against

1. During the performance of their assigned tasks, if employees or agents of the carrier are complained against for compensation of damage, they have the right to apply the carrier's limitation of liability for compensation of damage.

2. The total amount of compensation for damage that the carrier, its employees, or its agents must bear shall not exceed the limit of liability for compensation of damage.

Article 72. Jurisdiction of Vietnamese Courts over Disputes in International Air Transport

1. Vietnamese courts have jurisdiction to resolve disputes arising from international air transport contracts for passengers, baggage, and cargo based on the choice of the plaintiff in the following cases:

a) The carrier has its principal place of business in Vietnam;

b) The carrier has a place of business in Vietnam and the transport contract was concluded in Vietnam;

c) Vietnam is the destination of the transport journey.

2. A transport contract is considered an international air transport contract as provided in Clause 1 of this Article when it falls under one of the following circumstances:

a) The departure point and the destination are located within the territory of two different countries;

b) Within the territory of one country but with a stopover in the territory of another country, except in cases of interruption in transport or transshipment.

3. For disputes concerning damage occurring in cases where a passenger dies or is injured, in addition to the provisions of Clause 1 of this Article, Vietnamese courts have jurisdiction to resolve disputes in cases where the passenger had a residence in Vietnam at the time of the accident and meets one of the following conditions:

a) The carrier operates passenger transport flights to or from Vietnam using its own aircraft or those of another carrier under a joint venture agreement between carriers regarding the operation of passenger transport flights;

b) The carrier uses its own premises or those of another carrier with which it has a joint venture agreement to conduct passenger air transport operations in Vietnam.

Article 73. Resolution of Disputes through Arbitration

1. The parties to the goods transport contract may agree to resolve disputes arising therefrom through arbitration. The arbitration agreement must be in writing.

2. For disputes arising from international goods transport contracts related to the carrier's liability for compensation of damage, arbitration in Vietnam can only be conducted in the cases specified in Clause 1 and Clause 2 of Article 72 of this Law.

3. The provision of Clause 2 of this Article shall be deemed part of any arbitration clause or agreement. Any arbitration clause or agreement contrary to this provision shall be deemed void.

Article 74. Statute of Limitations for Claims against Carriers for Damage Compensation

The statute of limitations for claims against carriers for damage compensation concerning damage to passengers, baggage, and cargo is two years, counted from the date the aircraft arrives at the destination, the date the aircraft was supposed to arrive at the destination, or from the date the transportation was terminated, whichever is later.

Section 2
DAMAGE COMPENSATION FOR

THIRD PARTIES ON THE GROUND

Article 75. Right to Claim Damage Compensation

Organizations, individuals on the ground suffering damage caused by an aircraft in flight, persons, objects, or substances within an aircraft in flight (hereinafter referred to as third parties on the ground) have the right to claim damage compensation if there is evidence that the damage was directly caused by the aircraft in flight, persons, objects, or substances falling from the aircraft in flight.

Article 76. Liability for Damage Compensation

1. The aircraft operator must bear liability for damage compensation caused to third parties on the ground who are directly using the aircraft or employees of such person using the aircraft during the performance of work at the time of the damage occurrence.

2. If an aircraft is used illegally causing damage to third parties on the ground, the user must compensate. The aircraft possessor shall be jointly liable with the illegal user of the aircraft for the damage caused unless it can prove that all necessary measures were taken to prevent such illegal use.

3. When two or more aircraft in flight collide or obstruct each other causing damage to third parties on the ground, the operators of each aircraft causing the damage shall be jointly liable for the damage according to the degree of fault of each party.

4. The person responsible for damage compensation has the right to initiate a lawsuit to seek reimbursement from organizations or individuals related to the cause of the damage.

5. Insurance funds or other security measures prescribed in Clause 2, Article 62 of this Law shall not be seized to secure the fulfillment of creditors' demands against the aircraft operator.

Article 77. Exemption and Reduction of Liability for Damage Compensation

1. In cases where the damaged party is at fault in causing the damage, the amount of compensation by the party causing the damage shall be reduced corresponding to the degree of fault of the damaged party; if the damage occurs entirely due to the fault of the damaged party, the party causing the damage does not have to compensate.

2. The aircraft operator is exempt from liability for damage compensation if the damage is a direct consequence of war, armed conflict, or the aircraft being requisitioned by a competent state authority.

3. Insurance companies, organizations, or individuals providing security measures are exempted or reduced in liability for damage compensation in the following cases:

a) Cases stipulated in Clause 1 and Clause 2 of this Article;

b) Damage occurring when the insurance contract or security measure expires. In the case of an aircraft in flight where the insurance contract or security measure expires, the insurance period or security measure is extended until the aircraft lands at the next point in its journey, but not exceeding 24 hours from the expiration date of the insurance contract or security measure. The extension of the insurance period or security measure is only applied when it benefits the damaged party;

c) Damage occurring outside the airspace range specified in the insurance contract or security measure, except in cases of force majeure or emergency situations.

Article 78. Application of provisions on compensation for damage to third parties on land

1. For damage caused by an aircraft in flight to vessels, ships, or constructions of Vietnam in Vietnam's territorial waters, international waters, or areas not under the sovereignty, sovereign rights, or jurisdiction of any State, the provisions of this Section shall apply.

2. The court where the damage occurred has jurisdiction to resolve claims for compensation for damage from third parties on land, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

3. The statute of limitations for initiating a lawsuit for compensation for damage to third parties on land is two years, calculated from the date the damaging event occurs.

Chapter VII
AIR TRANSPORT SAFETY

Section 1
AIR TRANSPORT SAFETY MANAGEMENT

Article 79. Air Transport Safety

1. Activities related to aircraft, aircraft operation, airports, air traffic services, and air transport services must comply with air transport safety regulations and be subject to air transport safety management by the Vietnamese Civil Aviation Authority.

2. Regulations and standards concerning air transport safety must ensure compliance with ICAO standards.

3. Causes of air accidents must be identified to implement necessary measures to promptly address and prevent aircraft accidents during operations and to prevent future air accidents.

Article 80. Civil Air Transport Safety Program

1. The Civil Air Transport Safety Program is a system of regulations and activities aimed at maintaining and enhancing the level of air transport safety, consistent with the scale of development and diversity of civil aviation.

2. The Vietnamese Civil Aviation Authority is responsible for implementing, coordinating, inspecting, and supervising the execution of the Civil Air Transport Safety Program; deciding on exemptions from technical regulations, standards, or mandatory requirements in the fields of aircraft, aircraft operation, airports, and air traffic services based on strict risk assessments of air transport safety.

Article 81. Air Transport Safety Management System

1. The air transport safety management system is a set of methods for managing air transport safety established by organizations or individuals, including organizational structure, functions, tasks, policies, implementation procedures, based on the Civil Air Transport Safety Program.

2. Organizations and individuals must establish and implement an air transport safety management system, including:

a) Training and practical training for aircraft pilots;

b) Aircraft operators;

c) Organizations designing, manufacturing, testing, and maintaining aircraft, aircraft engines, propellers, and aircraft equipment;

d) Enterprises providing air traffic service;

đ) Airport operators;

e) Enterprises providing air transport services at airports.

3. Organizations and individuals specified in Clause 2 of this Article are responsible for sharing air transport safety data and information with the Vietnamese Civil Aviation Authority through the air transport safety data collection, evaluation, and processing system prescribed in Article 82 of this Law.

4. The Vietnamese Civil Aviation Authority monitors the establishment and implementation of the air transport safety management systems of organizations and individuals as stipulated in Clause 2 of this Article.

Article 82. Air Safety Data Collection, Evaluation, and Processing System

1. The air safety data collection, evaluation, and processing system is a set of integrated procedures and mechanisms for collecting, storing, consolidating, analyzing, evaluating, and processing air safety data and air safety information. The air safety data collection, evaluation, and processing system includes air safety data and air safety information.

2. Air safety data are facts or statistics on safety collected from aircraft accident or incident investigations, air safety event reports, safety surveillance activities, safety research and surveys, and other sources related to air safety to maintain or enhance the level of air safety.

3. Air safety data must be collected, consolidated, analyzed, evaluated, classified, and stored according to ICAO guidelines to effectively implement the Civil Aviation Safety Program of Vietnam.

4. Air safety information is the result of the process of evaluating and processing air safety data. Air safety data and air safety information are used to maintain and enhance air safety and form part of the civil aviation database.

5. Air safety information and air safety data collected from the air safety data collection, evaluation, and processing system must be protected in accordance with laws on data and laws on personal data protection. In cases where there is a request from competent authorities conducting proceedings, the Vietnamese Civil Aviation Authority shall transfer air safety data and information in accordance with the procedural rules.

6. The Vietnamese Civil Aviation Authority establishes an Air Safety Data Center to establish, manage, and operate the air safety data collection, evaluation, and processing system.

Article 83. Responsibilities for Exchanging and Sharing Air Safety Information

1. The Vietnamese Civil Aviation Authority has the responsibility to exchange and share air safety information and facilitate the sharing and exchange of air safety information among enterprises and organizations providing air services for the purpose of enhancing air safety.

2. Where air safety issues relate to another country, the Vietnamese Civil Aviation Authority exchanges and shares air safety information with relevant countries.

3. The exchange and sharing of air safety information shall be carried out in accordance with laws on data, laws on personal data protection, and other relevant laws.

Article 84. Building an Air Safety Culture

1. An air safety culture is the approach to safety adopted by organizations and individuals in civil aviation activities.

2. Establishing, practicing, and promoting an air safety culture is the responsibility of agencies, organizations, and individuals participating in civil aviation activities.

3. Organizations providing air services have the responsibility to establish and organize the implementation of standards for an air safety culture within their agencies and organizations.

4. The Vietnamese Civil Aviation Authority collaborates with relevant agencies and organizations to intensify public awareness campaigns, dissemination, and education to enhance community awareness of air safety.

Article 85. Aviation Safety Inspector

1. The aviation safety inspector includes inspectors in the fields of aircraft, aircraft operation, flight service assurance, airport operation, and other civil aviation activities.

2. The aviation safety inspector is an individual with capability, experience, and qualifications approved by the Vietnamese Civil Aviation Authority.

3. The aviation safety inspector has the following duties and powers:

a) Inspect and supervise compliance with laws and regulations on civil aviation safety;

b) Request provision, copying of documents, and unrestricted access to facilities and equipment systems of organizations providing services according to ICAO guidelines for inspection and supervision purposes within the assigned scope and field;

c) Suspend flights, operations of organizations, individuals, and means that violate safety regulations or fail to meet technical safety standards within the assigned scope and field;

d) Recommend measures to address violations in civil aviation activities; recommend administrative penalties for violations;

đ) Be trained, further educated, accumulate experience, and undergo specialized aviation training to ensure sufficient capability;

e) Be provided with conditions and benefits to perform aviation safety monitoring tasks; be equipped with tools, devices, technology, and software support for task execution as prescribed by law.

4. The Vietnamese Civil Aviation Authority may hire individuals or mobilize workers meeting the conditions to serve as aviation safety inspectors when there are insufficient resources to carry out aviation safety monitoring tasks. Hiring and mobilizing aviation safety inspectors shall be conducted through agreements between the Vietnamese Civil Aviation Authority and individuals or enterprises without the need for bidding.

5. The Vietnamese Civil Aviation Authority allocates funds from the state budget to hire aviation safety inspectors based on special quotas and ensures operational funding for hired and mobilized aviation safety inspectors. Employers pay wages to aviation safety inspectors mobilized by the Vietnamese Civil Aviation Authority.

6. The Vietnamese Civil Aviation Authority collaborates with aviation enterprises to organize professional training, experience accumulation for aviation safety inspectors who are civil servants in accordance with ICAO regulations. Aviation safety inspectors participating in professional training and experience accumulation receive remuneration and other benefits as agreed.

7. Enterprises providing services in the aviation sector support funding and material infrastructure for the training, further education, instruction, and experience accumulation of civil servants serving as aviation safety inspectors.

Section 2
INVESTIGATION OF SERIOUS INCIDENTS AND AIRCRAFT ACCIDENTS

Article 86. Investigation of Serious Incidents and Aircraft Accidents

1. The investigation of serious incidents and aircraft accidents is a mandatory activity under the 1944 Convention on International Civil Aviation aimed at determining the causes leading to serious incidents and aircraft accidents.

2. The investigation of serious incidents and aircraft accidents is not a criminal investigation activity as defined by criminal procedure laws.

Article 87. Organization, coordination of investigation, notification, and provision of files related to serious incidents and aircraft accidents

1. The investigation of serious incidents and aircraft accidents must be conducted independently from the civil aviation safety supervision activities of the Civil Aviation Authority of Vietnam.

2. The competent authority under the Ministry of Construction shall coordinate with relevant agencies and organizations to conduct investigations into serious incidents and aircraft accidents occurring within the territory of Vietnam. In cases where necessary, it may delegate the investigation of serious incidents and aircraft accidents to the accident investigation agency of another country or an international investigation organization.

3. When a serious incident or aircraft accident occurs, the competent authority under the Ministry of Construction shall notify the International Civil Aviation Organization (ICAO) and the states of registration of the aircraft, the state of operation of the aircraft, the state of manufacture of the aircraft, the state of design of the aircraft, and other relevant states according to the Convention on International Civil Aviation of 1944.

4. Agencies, organizations, and individuals responsible for promptly reporting information about serious incidents and aircraft accidents and protecting evidence must follow the guidance of ICAO in the process of notifying and providing files related to serious incidents and aircraft accidents.

5. During the organization of the investigation of serious incidents and aircraft accidents, if any violation of the law is discovered, it shall be handled in accordance with the provisions of the law.

Chapter VIII
AIRCRAFT PERSONNEL

Article 88. Aircrew Members

1. Aircrew members are persons directly involved in ensuring civil aviation safety. If aircrew members are employees under a contract, the labor contract must be concluded in writing.

2. Aircrew members must be trained, instructed, and issued with professional certificates at training institutions recognized or licensed by the competent authority. Operating training services for aircrew members is a business sector subject to conditions in the field of civil aviation.

3. When assigning aircrew members to perform tasks, employers must ensure that aircrew members hold licenses issued by the competent authority or have been recognized or possess professional certificates in compliance with regulations.

4. When performing special tasks, aircrew members must comply with labor discipline and working hours and rest periods as prescribed by the Government.

5. Flight crew members and air traffic controllers must undergo health examinations at medical facilities meeting the required standards and obtain a certificate of fitness for duty from the Civil Aviation Authority of Vietnam.

6. Flight crew members and air traffic controllers must be evaluated for their proficiency in English by the Civil Aviation Authority of Vietnam according to ICAO standards.

Article 89. Flight Crew

1. The flight crew consists of persons designated by the aircraft operator to perform duties on board the aircraft during the execution of flight missions.

2. Flight crew members must comply with the orders of the aircraft commander and may not leave the aircraft without the commander's permission.

3. Flight crew members are those who hold licenses to perform control and operation duties on board the aircraft and must carry their aircrew license while performing their duties.

4. Flight crew members must carry a certificate of fitness for duty when performing their duties.

5. The aircraft may only be permitted to operate a flight if it has sufficient flight crew members as stipulated by the law of the state of registration of the aircraft.

6. Cabin crew members are part of the flight crew assigned tasks by the aircraft operator or the aircraft commander to ensure passenger safety but are not allowed to perform duties as flight crew members.

7. The aircraft operator is obligated to ensure the rights of flight crew members in accordance with the labor contract and Vietnamese law.

Article 90. Aircraft Commander

1. The aircraft commander is the pilot designated by the aircraft operator for a flight. For general aviation activities, the aircraft commander is designated by the aircraft owner.

2. The aircraft commander has the highest authority on board the aircraft and is responsible for ensuring air safety and security for the aircraft, persons, and property on board throughout the entire duration of the flight as prescribed.

3. The rights of the aircraft commander include:

a) Deciding and being responsible for takeoff, landing, canceling the flight, returning to the departure point or making an emergency landing;

b) Not executing the flight mission, flight plan, or instructions from the air traffic service provider if it is necessary to avoid immediate danger to aviation operations and must immediately report to the air traffic service provider. In cases where deviation from the airway is required to avoid immediate danger, after the danger has passed, the aircraft commander and the air traffic service provider must promptly apply all necessary measures to return the aircraft to the airway;

c) During the flight, applying measures to prevent persons committing violations on board the aircraft according to regulations;

d) Considering and deciding to land at any airport to stop acts threatening the safety and security of the flight; handing over persons committing acts as specified in point c of this clause to the competent authority when the aircraft lands;

đ) Deciding to jettison fuel, luggage, cargo, or other objects from the aircraft according to Article 45 of this Law;

e) Issuing necessary orders to all persons on board the aircraft and continuing to perform duties and powers until a state agency assumes responsibility for the aircraft, persons, and property on board in case of forced landing;

g) Performing necessary tasks when not receiving instructions or unclear instructions from the aircraft operator and immediately notifying the aircraft operator;

4. The obligations of the aircraft commander include:

a) Executing instructions from the aircraft operator;

b) Applying all necessary measures to ensure safety for the aircraft, persons, and property on board when the aircraft is in peril or disaster and being the last person to leave the aircraft;

c) Reporting to the air traffic service provider and providing assistance within their capacity without endangering the aircraft, persons, and property on board when discovering persons, means of transportation, or property in distress outside the aircraft;

d) Applying all necessary measures to return the aircraft to the airway in cases of deviation from the airway;

Chapter IX
AIRCRAFT SECURITY

Article 91. Ensuring Aircraft Security

1. Aircraft security is implemented according to this Law, national security laws, defense laws, public security laws, anti-terrorism laws, and other relevant laws.

2. Measures to ensure aircraft security include:

a) Establishing restricted areas at airports and locations with aviation facilities and equipment to protect aircraft and facilities and equipment in those areas;

b) Inspecting, screening, and monitoring aircraft security for aircraft, vehicles, persons, baggage, cargo, documents used for boarding aircraft, entry and exit, and activities in restricted areas according to regulations; searching aircraft, vehicles, persons, baggage, and cargo when there are signs of threats to aircraft security;

c) Eliminating the possibility of illegally transporting dangerous items by air; applying special preventive measures when allowing the transport of dangerous items or potential security threats; permanently or temporarily prohibiting the transport of passengers causing disturbances or individuals engaging in illegal interference with civil aviation operations or as required by competent state agencies;

d) Monitoring aircraft security and maintaining order at airports, locations with aviation facilities and equipment, and on aircraft;

đ) Preventing and combating terrorism on aircraft;

e) Applying special preventive measures when allowing the transport of dangerous objects;

g) Conducting internal security control for aviation personnel.

Article 92. Establishment and Protection of Restricted Areas

1. A restricted area is an area of an airport and a place where air traffic facilities and equipment are located, where entry and exit, as well as activities therein, must comply with the regulations of the competent state agencies. Restricted areas shall be subject to security checks, screening, surveillance, and security searches.

2. The establishment of restricted areas at airports and places with air traffic facilities and equipment must be consistent with the purpose of ensuring air traffic security and the nature of civil aviation operations.

Article 93. Security Checks, Screening, Surveillance, and Searches for Aircraft Flights

1. Aircraft must undergo security checks and surveillance before commencing flights; in cases where there are signs or information threatening the security and safety of the flight, a security search must be conducted.

2. Passengers, crew members, flight service personnel, other related persons, baggage, cargo, travel documents used on aircraft, mail, and other items must undergo security checks, screening, and surveillance before boarding the aircraft; in cases where there are signs or information threatening the security and safety of the flight, a security search must be conducted. Security surveillance and maintaining order on board the aircraft must be carried out throughout the flight.

Article 94. Measures to Counteract Illegal Interference with Civil Aviation Operations

1. Illegal interference with civil aviation operations refers to acts that pose a threat to the safety of civil aviation operations, including one of the following acts:

a) Illegally seizing an aircraft;

b) Destroying an operational aircraft;

c) Taking hostages on an aircraft or at an airport;

d) Violently entering an aircraft, airport, and civil aviation facilities and equipment;

đ) Bringing dangerous items onto an aircraft, airport, and other restricted areas for criminal purposes. Dangerous items include weapons, ammunition, flammable substances, easily flammable substances, explosives, easily explosive substances, chemical and biological toxins, radioactive materials, and other objects or substances capable of causing danger or being used to cause danger to human health and lives, as well as flight safety;

e) Using an aircraft as a weapon with the intent to cause death or serious injury to people or serious damage to property or the environment;

g) Providing false information to the extent that it threatens the safety of an aircraft in flight or on the ground; the safety of passengers, crew, ground staff, or people at the airport and civil aviation facilities and equipment;

h) Intentionally committing acts violating the law that threaten the safe operation of aircraft; airport operations; and flight assurance;

i) Other acts determined by the competent state agencies according to regulations.

2. All measures to counter illegal interference with civil aviation operations must prioritize ensuring the safety of aircraft and human life.

3. Aircraft in flight subjected to illegal interference must be given priority in flight control and other necessary assistance.

4. In special cases exceeding the jurisdiction of relevant ministries and sectors, the Prime Minister decides on handling issues related to ensuring the safety of aircraft, crews, passengers, and cargo on board.

5. Airlines must bear all costs related to countering illegal interference with their own aircraft.

Article 95. Air Security Control Force

1. The air security control force is organized to implement measures to ensure aviation security, public order, and social safety according to the assigned functions and tasks.

2. The operational area of the air security control force includes airports; on aircraft; air navigation service providers; organizations designing, manufacturing, testing, maintaining aircraft, aircraft engines, propellers, and aircraft equipment; organizations providing air services at airports; organizations processing goods and mail for loading onto aircraft.

3. The air security control force is selected, trained, and instructed to meet professional requirements; they have their own uniforms, insignia, and identification badges as prescribed.

4. The air security control force is equipped with weapons, support tools, devices, and means to perform their duties in accordance with the provisions of the law.

Article 96. Aviation Security Inspector

1. An aviation security inspector is an individual with capability, experience, and appropriate qualifications appointed by the Vietnamese Civil Aviation Security Authority to carry out quality control of aviation security, including testing, inspection, and investigation of aviation security.

2. Individuals conducting testing, inspection, and investigation of aviation security must hold an aviation security inspector card issued by the Vietnamese Civil Aviation Security Authority. When performing their duties, aviation security inspectors must present their cards and have the right to access restricted areas, aircraft, equipment, and request information and documents necessary for their tasks; they have the authority to stop violations, prepare records, and confiscate relevant documents, cards, and licenses from violators.

3. The Vietnamese Civil Aviation Security Authority may recruit, hire, or requisition aviation security inspectors.

4. Enterprises providing services in the aviation sector are responsible for supporting and creating conditions for personnel of the Vietnamese Civil Aviation Security Authority to be trained, further educated, instructed, and gain experience to perform the role of aviation security inspectors.

Article 97. Aviation Security Program

1. The aviation security program stipulates the responsibilities of agencies, organizations, and individuals, procedures, processes, measures to ensure aviation security, quality control of aviation security, and aviation security training and instruction, including:

a) The Vietnamese Civil Aviation Security Program;

b) The Vietnamese Civil Aviation Security Training Program;

c) The Vietnamese Aviation Security Quality Control Program.

2. Airport operators, aircraft operators, domestic and foreign airlines, air navigation service providers, organizations designing, manufacturing, testing, maintaining aircraft, aircraft engines, propellers, and aircraft equipment, organizations providing air services at airports, and organizations processing goods and mail for loading onto aircraft shall establish aviation security programs within their management scope as prescribed in Clause 1 of this Article.

Article 98. Responsibilities for Ensuring Civil Aviation Security of Organizations and Individuals Participating in Civil Aviation Activities

1. The Vietnamese Civil Aviation Authority ensures civil aviation security, public order, and social safety in the areas specified in Clause 2 of Article 95 of this Law.

2. Airport operators, aircraft operators, airlines, air navigation service providers, organizations producing, maintaining, and repairing aircraft and aircraft equipment, organizations providing air services at airports, and organizations handling cargo and mail to be loaded onto aircraft shall be responsible for establishing, submitting to the Vietnamese Civil Aviation Authority for approval, and implementing the civil aviation security program as prescribed.

3. Foreign aircraft operators and airlines conducting commercial transportation to and from Vietnam must have a civil aviation security program approved by the civil aviation authority of their registration place and submit it to the Vietnamese Civil Aviation Authority for acceptance and commitment to implement additional security procedures at operational points to comply with the requirements of Vietnam's national civil aviation security programs.

4. Airlines and aircraft operators conducting international flights in Vietnam are responsible for providing pre-flight information about the flight, passengers, and crew to competent state agencies.

5. Other organizations and individuals participating in civil aviation activities must comply with the laws on civil aviation security.

Chapter X
STATE MANAGEMENT OF CIVIL AVIATION

Article 99. Contents of State Management of Civil Aviation

1. State management of civil aviation includes the following contents:

a) Issuing and implementing legal normative documents, economic and technical standards, technical standards, regulations, and procedures related to civil aviation;

b) Developing and implementing strategies, plans, policies for the development of the civil aviation industry, and low-level air transport operations in accordance with the law;

c) Managing civil aviation flight activities within the territory of Vietnam and controlled airspace managed by Vietnam; managing flight operation assurance plans; managing investment construction projects for flight operation assurance facilities, systems, and equipment;

d) Managing the investment construction and operation of civil aviation infrastructure;

đ) Managing commercial air transport, dedicated air transport, and general aviation; issuing flight permits, air transport rights; coordinating departure and arrival times at airports;

e) Registering aircraft and registering rights over aircraft;

g) Managing the development of the aviation industry;

h) Issuing, approving, recognizing certificates, licenses, certificates of conformity, and other documents related to civil aviation activities;

i) Managing aviation safety and security; specifying security and safety measures for special aircraft and special cargo compartments;

k) Managing search and rescue operations and investigations of civil aviation accidents;

l) Managing aviation obstacles;

m) International cooperation in civil aviation;

n) Managing training and human resource development in the civil aviation sector, assessing the health of aviation personnel;

o) Managing scientific and technological activities in the field of civil aviation; protecting the environment, preventing natural disasters, and responding to climate change in civil aviation activities;

p) Managing prices, fees, and charges in civil aviation activities;

q) Inspecting, auditing, resolving complaints and grievances, and handling violations in civil aviation activities;

r) Recognizing and applying ICAO standards, procedures, regulations, guidelines, technical instructions, and best practices; advanced and modern procedures, standards, regulations, guidelines, technical instructions, and best practices of civil aviation authorities and international organizations widely applied around the world;

s) Managing the quality of services in civil aviation activities.

2. The Government uniformly manages state affairs in civil aviation.

3. The Ministry of Construction acts as the focal point to assist the Government in uniformly managing state affairs in civil aviation and performs the following tasks:

a) Taking the lead and coordinating with the Ministry of National Defense and the Ministry of Public Security in organizing the exploitation of airspace for civil aviation activities;

b) Assigning subordinate agencies to perform the functions of specialized agencies for construction in accordance with the Construction Law for nationwide civil aviation infrastructure investment construction projects;

c) Managing state affairs concerning the assurance of civil aviation safety;

d) Issuing the Civil Aviation Safety Program of Vietnam;

đ) Managing means of transport, equipment, and types of transport used in civil aviation activities.

4. The Ministry of National Defense has the following responsibilities:

a) Uniformly organizing the protection of airspace sovereignty; managing airspace and supervising civil aviation flight activities;

b) Coordinating with the Ministry of Construction and the Ministry of Public Security in organizing the exploitation of airspace for civil aviation activities;

c) Managing and operating facilities at airports under its jurisdiction;

d) Deciding on the temporary transfer of airports from military use to dual-use;

đ) Managing means of transport and equipment related to military, security, and defense matters, except for aircraft managed by the police force.

5. The Ministry of Public Security has the following responsibilities:

a) Implementing state management of civil aviation security;

b) Coordinating with the Ministry of Construction and the Ministry of National Defense in organizing the exploitation of airspace for civil aviation activities;

c) Managing and operating facilities at airports under its jurisdiction;

d) Deciding on the temporary transfer of airports from security use to dual-use;

đ) Managing means of transport and equipment used in aviation activities managed by the police force;

e) Issuing regulations on civil aviation security programs.

6. Ministries and ministerial-level agencies, within their respective duties and powers, are responsible for coordinating with the Ministry of Construction to manage state affairs in civil aviation according to the Government's regulations.

7. The People's Committees at all levels shall implement state management over areas adjacent to civil airports within their respective duties and powers; protect the environment of civil airports; coordinate in search and rescue operations and accident investigation of aircraft; manage aviation obstacles; and manage investment and construction of civil airports.

Article 100. Civil Aviation Authority of Vietnam

1. The Civil Aviation Authority of Vietnam is an agency under the Ministry of Construction responsible for state management functions concerning aviation safety; other tasks and powers in the field of civil aviation; issuing, approving, recognizing certificates, licenses, certificates of approval, and other documents related to civil aviation activities in accordance with the provisions of ICAO and international treaties to which the Socialist Republic of Vietnam is a member, except as provided in Clause 1 of Article 101 of this Law.

2. The head of the Civil Aviation Authority of Vietnam shall organize the implementation of the tasks and powers of the Civil Aviation Authority of Vietnam.

3. The Civil Aviation Port Authority is an agency subordinate to the Civil Aviation Authority of Vietnam established to perform certain tasks and powers of the Civil Aviation Authority of Vietnam at civil airports and specialized civil airports.

Article 101. Civil Aviation Security Authority of Vietnam

1. The Civil Aviation Security Authority of Vietnam is an agency under the Ministry of Public Security responsible for developing, implementing, and maintaining a civil aviation security program to prevent, detect, and counteract illegal interference in civil aviation activities; issuing aviation security control cards, permits, training certificates, competency certificates, and other relevant permits related to aviation security.

2. The Civil Aviation Security Authority of Vietnam shall coordinate the activities between ministries, sectors, and other state organizations, airport operators, airlines, air navigation service providers, and other entities involved in the implementation of national civil aviation security programs through the National Civil Aviation Security Committee mechanism and facilitate such activities.

3. Evaluate compliance with ICAO standards on aviation security at foreign airports operating flights to Vietnam; consider and decide to suspend operations of flights or temporarily suspend airlines operating flights from foreign countries to Vietnam that do not comply with or meet ICAO standards on aviation security.

Article 102. Coordination of State Management Activities at Civil Airports

1. The Civil Aviation Port Authority and other agencies at civil airports shall carry out operational activities and coordinate in resolving issues arising within their respective duties and powers, ensuring safety, security, quality of services, and normal operation of civil airports.

2. The Civil Aviation Port Authority shall lead and coordinate the activities of state management agencies at civil airports; convene and chair regular or extraordinary joint meetings between state management agencies and organizations operating at civil airports.

3. In cases where a civil airport is declared a dangerous disease zone, the Civil Aviation Port Authority shall coordinate with agencies and organizations operating in the civil airport area to apply appropriate measures to prevent the spread and eradicate the disease according to the professional guidance of competent state authorities.

Article 103. Prices for services and fees, charges in the aviation sector

1. The management of prices for services, fees, and charges in the aviation sector shall be carried out in accordance with the laws on prices, laws on fees and charges, except for the provisions set forth in Clauses 2 and 3 of this Article. The price for regular domestic air passenger transport service in the basic economy class shall be implemented under a market mechanism with price regulation by competent state agencies in line with market fluctuations to protect consumer interests.

2. The Vietnamese Civil Aviation Authority and the Vietnamese Civil Aviation Security Authority may retain a portion of the collected fees as prescribed by the Government to fund support for improving human resource quality, international cooperation, investment in development, modernization aimed at enhancing the capacity for aviation safety and security supervision in compliance with ICAO standards.

3. Organizations entrusted by competent state agencies to provide public services in the civil aviation sector may retain a portion of the collected fees to fund support for improving human resource quality, international cooperation, investment in development, modernization aimed at enhancing the capacity for ensuring aviation safety and security in compliance with ICAO standards.

4. Giá dịch vụ phục vụ hành khách tại cảng hàng không và phí bảo đảm an ninh hành khách, hành lý được hãng hàng không thu hộ thông qua giá dịch vụ vận chuyển hành khách.

Chương XI
ĐIỀU KHOẢN THI HÀNH

Điều 104. Sửa đổi, bổ sung một số điều của các luật có liên quan

1. Bổ sung tiểu mục 4.9 mục V phần A Phụ lục số 01 của Luật Phí và lệ phí số 97/2015/QH13 đã được sửa đổi, bổ sung một số điều theo Luật số 09/2017/QH14, Luật số 23/2018/QH14, Luật số 72/2020/QH14, Luật số 16/2023/QH15, Luật số 20/2023/QH15, Luật số 24/2023/QH15, Luật số 33/2024/QH15, Luật số 35/2024/QH15, Luật số 47/2024/QH15, Luật số 60/2024/QH15, Luật số 74/2025/QH15, Luật số 89/2025/QH15, Luật số 94/2025/QH15, Luật số 95/2025/QH15, Luật số 116/2025/QH15 và Luật số 118/2025/QH15 như sau:

2. Sửa đổi, bổ sung một số điều của Luật Đất đai số 31/2024/QH15 đã được sửa đổi, bổ sung một số điều theo Luật số 43/2024/QH15, Luật số 47/2024/QH15, Luật số 58/2024/QH15, Luật số 71/2025/QH15, Luật số 84/2025/QH15, Luật số 93/2025/QH15, Luật số 95/2025/QH15 và Luật số 116/2025/QH15 như sau:

a) Sửa đổi, bổ sung điểm e khoản 1 Điều 34 như sau:

“e) Cho thuê lại quyền sử dụng đất theo hình thức trả tiền thuê đất hằng năm đối với đất đã được xây dựng xong kết cấu hạ tầng trong trường hợp được phép đầu tư xây dựng kinh doanh kết cấu hạ tầng đối với đất khu công nghiệp, cụm công nghiệp, khu công nghệ cao, cảng hàng không; người thuê lại quyền sử dụng đất phải sử dụng đất đúng mục đích và thực hiện nghĩa vụ tài chính theo quy định của pháp luật.”;

b) Sửa đổi, bổ sung điểm đ khoản 1 Điều 157 như sau:

“đ) Sử dụng đất xây dựng công trình tại cảng hàng không, công trình bảo đảm hoạt động bay; đất để làm bãi đỗ xe, xưởng bảo dưỡng phục vụ hoạt động vận tải hành khách công cộng; đất xây dựng công trình trên mặt đất phục vụ cho việc vận hành, khai thác sử dụng công trình ngầm;”;

c) Bổ sung điểm c khoản 1 Điều 201 như sau:

“c) Doanh nghiệp, nhà đầu tư được Bộ trưởng Bộ Quốc phòng, Bộ trưởng Bộ Công an cho phép sử dụng đất quốc phòng, an ninh để đầu tư xây dựng mới, nâng cấp, mở rộng, bảo trì, khai thác công trình tại cảng hàng không trên đất quốc phòng, an ninh để phục vụ mục đích lưỡng dụng.”;

d) Sửa đổi, bổ sung điểm h khoản 3 Điều 201 như sau:

“h) Đối tượng quy định tại điểm b khoản 1 Điều này được cho thuê, thế chấp, góp vốn bằng tài sản gắn liền với đất theo phương án được Bộ trưởng Bộ Quốc phòng, Bộ trưởng Bộ Công an phê duyệt; trường hợp mua, bán tài sản gắn liền với đất, xử lý tài sản thế chấp, tài sản góp vốn thì chỉ được thực hiện trong nội bộ giữa các đối tượng quy định tại điểm a và điểm b khoản 1 Điều này theo phương án được Bộ trưởng Bộ Quốc phòng, Bộ trưởng Bộ Công an phê duyệt;”;

đ) Sửa đổi, bổ sung Điều 208 như sau:

“Điều 208. Đất sử dụng cho cảng hàng không

1. Đất sử dụng cho cảng hàng không bao gồm: 

a) Đất xây dựng trụ sở cơ quan nhà nước, đơn vị lực lượng vũ trang nhân dân tại cảng hàng không, đất xây dựng sân bay và công trình, khu phụ trợ khác của sân bay do Nhà nước sở hữu;

b) Đất xây dựng công trình bảo đảm hoạt động bay;

c) Đất xây dựng các công trình ngoài quy định tại điểm a và điểm b khoản này thuộc công trình tại cảng hàng không.

2. Việc quản lý, sử dụng đất cảng hàng không phải phù hợp với quy hoạch chi tiết cảng hàng không đã được cơ quan có thẩm quyền phê duyệt.

3. Ủy ban nhân dân cấp tỉnh thực hiện việc giao đất, cho thuê đất theo quy định sau đây:

a) Giao đất không thu tiền sử dụng đất đối với các trường hợp quy định tại điểm a khoản 1 Điều này;

b) Cho doanh nghiệp bảo đảm hoạt động bay thuê đất thu tiền thuê đất hằng năm đối với đất quy định tại điểm b khoản 1 Điều này;

c) Cho các nhà đầu tư cảng hàng không, doanh nghiệp cảng hàng không thuê đất thu tiền thuê đất hằng năm đối với phần diện tích đất còn lại của cảng hàng không.

4. Nhà đầu tư cảng hàng không, doanh nghiệp cảng hàng không được cho thuê lại đất với hình thức trả tiền thuê đất hằng năm bảo đảm nguyên tắc công khai, minh bạch, công bằng và theo quy định của Chính phủ.

5. Trường hợp cảng hàng không dân dụng thực hiện theo dự án đầu tư theo phương thức đối tác công tư có sử dụng đất thì thực hiện theo quy định tại Điều 207 của Luật này.

6. Chính phủ quy định chi tiết Điều này.”;

e) Sửa đổi, bổ sung khoản 9 Điều 260 như sau:

“9. Trường hợp đất cảng hàng không dân dụng đã được Nhà nước giao đất, cho thuê đất trước ngày 01 tháng 7 năm 2026 thì được tiếp tục quản lý, sử dụng đất đến hết thời hạn giao đất, cho thuê đất theo quy định của Luật Đất đai số 45/2013/QH13 và Luật Đất đai số 31/2024/QH15. Trường hợp Nhà nước có chủ trương đầu tư nâng cấp, mở rộng mà làm thay đổi quy hoạch xây dựng cảng hàng không dân dụng, thay đổi chủ thể quản lý, sử dụng cảng hàng không thì việc quản lý, sử dụng đất thực hiện theo quy định của Luật này. Đối với trường hợp Cảng vụ hàng không đã cho thuê đất trước ngày 01 tháng 8 năm 2024 thì tiếp tục thực hiện theo hợp đồng đã ký kết; khi hết thời hạn thuê đất và Nhà nước chưa có nhu cầu thu hồi đất thì Nhà nước xem xét cho chủ sở hữu công trình gia hạn thời hạn thuê đất theo quy định của Luật này.”.

Điều 105. Áp dụng quy định của Luật Hàng không dân dụng Việt Nam đối với hoạt động vận tải hàng không tầm thấp và tàu bay, hoạt động của tàu bay của lực lượng vũ trang và các cơ quan khác của Nhà nước phục vụ mục đích công vụ

Căn cứ yêu cầu phát triển kinh tế - xã hội của đất nước, Chính phủ quy định việc áp dụng Luật này đối với hoạt động vận tải hàng không tầm thấp; quy định việc áp dụng toàn bộ hoặc các điều, khoản, điểm cụ thể của Luật này đối với tàu bay, hoạt động của tàu bay của lực lượng vũ trang và các cơ quan khác của Nhà nước phục vụ mục đích công vụ.

Điều 106. Hiệu lực thi hành

1. Luật này có hiệu lực thi hành từ ngày 01 tháng 7 năm 2026.

2. Luật Hàng không dân dụng Việt Nam số 66/2006/QH11 đã được sửa đổi, bổ sung một số điều theo Luật số 45/2013/QH13, Luật số 61/2014/QH13, Luật số 16/2023/QH15, Luật số 18/2023/QH15, Luật số 49/2024/QH15 và Luật số 81/2025/QH15 hết hiệu lực kể từ ngày Luật này có hiệu lực thi hành, trừ quy định tại Điều 107 của Luật này.

3. Chính phủ quy định chi tiết các điều 8, 9, 11, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 57, 61, 63, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101 và 103; khoản 8 Điều 64.

4. Tòa án nhân dân tối cao hướng dẫn Tòa án nhân dân các cấp thực hiện quy định tại khoản 2 và khoản 3 Điều 21 của Luật này.

Điều 107. Điều khoản chuyển tiếp

1. Các công trình tại cảng hàng không dân dụng đã được cơ quan có thẩm quyền cho phép đầu tư, xây dựng trên đất quốc phòng, an ninh và tài sản công trước ngày Luật này có hiệu lực thi hành được thực hiện theo quy định tại điểm a khoản 3 Điều 30 của Luật này.

2. Doanh nghiệp sở hữu công trình tại cảng hàng không trước ngày Luật này có hiệu lực thi hành được đầu tư nâng cấp, cải tạo, mở rộng công trình hiện hữu theo quy hoạch để quản lý, khai thác đến hết thời hạn thuê đất.

3. Quy hoạch tổng thể phát triển hệ thống cảng hàng không, sân bay toàn quốc và quy hoạch cảng hàng không, sân bay được cấp có thẩm quyền phê duyệt trước ngày Luật này có hiệu lực tiếp tục được thực hiện cho đến khi được cấp có thẩm quyền phê duyệt điều chỉnh hoặc thay thế.

4. Giấy chứng nhận người khai thác cảng hàng không, sân bay, giấy phép kinh doanh cảng hàng không, sân bay, giấy phép kinh doanh vận chuyển hàng không, giấy phép kinh doanh hàng không chung được cơ quan có thẩm quyền cấp trước ngày Luật này có hiệu lực thi hành tiếp tục có hiệu lực cho đến khi được thu hồi, hủy bỏ hoặc thay thế.

Luật này được Quốc hội nước Cộng hòa xã hội chủ nghĩa Việt Nam khóa XV, Kỳ họp thứ 10 thông qua ngày 10 tháng 12 năm 2025.