Decree No. 20/2024/ND-CP Amending and supplementing some articles of Decree No. 05/2021/ND-CP dated January 25, 2021 of the Government on management and operation of civil airports and Decree No. 64/2022/ND-CP dated September 15, 2022 of the Government amending and supplementing some articles of decrees related to business activities in the civil aviation sector.

DECREE

Amending and supplementing some articles of Decree No. 05/2021/NĐ-CP dated January 25, 2021 of the Government on management and operation of civil airports and Decree No. 64/2022/NĐ-CP dated September 15, 2022 of the Government amending and supplementing some articles of decrees related to business activities in the civil aviation sector Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of National Defense; and Decree No. 03/2025/NĐ-CP dated February 28, 2025 amending and supplementing certain provisions of Decree No. 01/2022/NĐ-CP; amend some Articles of the Decrees relating to business operations in the civil aviation sector

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WHEREAS Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Some Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

On the basis of the Civil Aviation Law dated June 29, 2006; the Law Amending and Supplementing Some Articles of the Civil Aviation Law dated November 21, 2014;

At the proposal of the Minister of Transport;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 05/2021/NĐ-CP dated January 25, 2021 of the Government on management and operation of civil airports and Decree No. 64/2022/NĐ-CP dated September 15, 2022 of the Government amending and supplementing some articles of decrees related to business activities in the civil aviation sector.

Article 1. Amending and supplementing some articles of Decree No. 05/2021/NĐ-CP dated January 25, 2021 of the Government on management and operation of civil airports

1. Amending and supplementing Clause 6 of Article 3 as follows:

"6. A project includes a combination of main works and auxiliary works. A part of a project is a combination of one or several main works or parts of main works directly serving passenger, baggage, and cargo service chains. Main works are those with scale and function determining the investment objectives of the project."

2. Amending and supplementing Clause 6 of Article 51 as follows:

"6. Within ten days from the date of receiving complete files as prescribed, the Civil Aviation Authority shall examine and decide on the operation of projects or parts of projects belonging to airport infrastructure according to Model No. 11 stipulated in the Appendix attached to this Decree; decide on temporarily closing parts of airport infrastructure according to Model No. 12 stipulated in the Appendix attached to this Decree and send the results directly or through postal services or electronic environment or other appropriate forms to the operator of the project belonging to airport infrastructure. In case of non-approval, the Civil Aviation Authority must issue a written notification stating the reasons."

3. Amending and supplementing Article 52 as follows:

"Article 52. Issuing Registration Certificate for Airports

1. The owner or organization entrusted with managing the airport shall submit one set of application files for the issuance of the Airport Registration Certificate directly or through postal services or electronic environment or other appropriate forms to the Civil Aviation Port Authority. The files include:

a) Application form for the issuance of the Airport Registration Certificate according to Model No. 01 stipulated in the Appendix attached to this Decree;

b) Copy or electronic copy of the decision establishing the enterprise of the owner or organization entrusted with managing the airport (in cases where there is no business registration certificate);

c) Copy or electronic copy of the investment approval decision or investment decision for the construction, renovation, expansion, or upgrading of the airport;

d) Copy or electronic copy of the document confirming that the airport infrastructure has completed acceptance procedures according to regulations on investment construction in cases of new construction, renovation, expansion, or upgrading of the airport.

2. In cases where the airport is under construction, the owner or organization entrusted with managing the airport shall submit one set of application files for the issuance of a temporary Airport Registration Certificate directly or through postal services or electronic environment or other appropriate forms to the Civil Aviation Port Authority. The files include the documents specified in points a, b, and c of Clause 1 of this Article.

3. Within ten days from the date of receiving valid files as prescribed, the Civil Aviation Port Authority shall be responsible for reviewing the files, including the following contents:

a) The airport is constructed in accordance with the overall development plan for the national airport system which has been approved;

b) The airport infrastructure is constructed and technically accepted in accordance with technical standards and norms and operational capacity;

c) The construction plan for the airport infrastructure is in accordance with technical standards for the temporary registration of airports under construction and operational capacity.

4. Within three working days from the date of review, the Civil Aviation Port Authority shall issue the Airport Registration Certificate according to Model No. 02 stipulated in the Appendix attached to this Decree and send the result directly or through postal services or electronic environment or other appropriate forms to the owner or organization entrusted with managing the airport; send the Civil Aviation Authority the result of issuing the Airport Registration Certificate for registering the airport in the Airport Register Book.

In case of refusal to issue the Airport Registration Certificate, the Civil Aviation Port Authority shall notify in writing, stating the reasons.

5. Not later than sixty days after completion of construction, the airport which has been issued a temporary Airport Registration Certificate must be registered according to the provisions of this Decree.

Within three working days from the date of receipt of the application as prescribed, the Civil Aviation Port Authority shall examine and decide to reissue the airport registration certificate and send the result directly or through the postal service or on an electronic environment or by other appropriate means to the applicant. In case of refusal to reissue, the Civil Aviation Port Authority shall notify in writing the reasons for refusal.

7. The airport registration certificate shall be revoked in cases where it no longer meets the conditions for issuance of the airport registration certificate.

4. Amend and supplement Article 60 as follows:

"Article 60. Issuance of Technical Qualification Certificates for Air Transport Equipment and Means Produced, Assembled, or Improved in Vietnam

1. Where equipment and means operate within the jurisdiction of one Civil Aviation Port Authority, such authority shall issue technical qualification certificates for air transport equipment and means produced, assembled, or improved in Vietnam.

2. Except for the cases provided for in Clause 1 of this Article, the Civil Aviation Administration of Vietnam shall issue technical qualification certificates for air transport equipment and means produced, assembled, or improved in Vietnam.

3. The person requesting the issuance of a technical qualification certificate for air transport equipment and means produced, assembled, or improved in Vietnam shall submit one set of application documents directly or through the postal service or on an electronic environment or by other appropriate means to the Civil Aviation Port Authority as prescribed in Clause 1 of this Article or to the Civil Aviation Administration of Vietnam as prescribed in Clause 2 of this Article. The application documents include:

a) An application letter for the issuance of a technical qualification certificate for air transport equipment and means according to Model No. 08a prescribed in the Appendix attached to this Decree;

b) A copy or standard electronic copy of the technical standards and regulations applied;

c) A copy or standard electronic copy of related documents: technical design and details; materials; production methods and procedures; installation, operation, maintenance instructions; product assembly; key technical performance indicators, parameters, limits, and functions;

d) A copy or standard electronic copy of the acceptance handover record or completion commissioning record;

đ) A copy or standard electronic copy of the inspection, testing, and evaluation record of the product according to the applicable technical standards conducted by an inspection and testing organization with the required qualifications as prescribed by law;

e) A copy or standard electronic copy of the trial operation report according to the product's technical performance indicators, parameters, limits, and functions.

4. Within fifteen days from the date of receipt of the application documents as prescribed, the Civil Aviation Port Authority (for the provisions in Clause 1 of this Article) or the Civil Aviation Administration of Vietnam (for the provisions in Clause 2 of this Article) shall carry out the necessary inspections and decide to issue a technical qualification certificate for air transport equipment and means according to Model No. 09 (for the Civil Aviation Administration of Vietnam) and Model No. 10 (for the Civil Aviation Port Authority) prescribed in the Appendix attached to this Decree or notify in writing the reasons for refusing to issue the certificate to the applicant. The inspection work includes:

a) Determining the compliance of the relevant technical standards and regulations applied by the manufacturer to produce the product;

b) Inspecting the actual product; inspecting the acceptance results;

c) Inspecting the results of necessary inspections to evaluate the product according to the applied technical standards and regulations. For air transport equipment and means produced, assembled, or improved in Vietnam using advanced world technology that Vietnam has not yet mastered, the Civil Aviation Administration of Vietnam or the Civil Aviation Port Authority may require the applicant to hire an independent organization with the required capacity as prescribed to conduct necessary inspections and tests to verify compliance with the applicable technical requirements and standards;

d) Inspecting the trial operation results."

5. Amend and supplement Point b Clause 2 Article 61 as follows:

"b) A copy or standard electronic copy of the Quality Safety Technical Certificate and Environmental Protection Certificate for specialized means that must be certified for quality safety technical and environmental protection.

Within five working days from the date of receipt of all documents, the Civil Aviation Port Authority shall issue a license plate for the means or notify in writing the reasons for refusing to issue a license plate for the means."

6. Amend and supplement Clause 3, Clause 6 Article 67 as follows:

a) Amend and supplement Clause 3 Article 67 as follows:

"3. Cargo terminal operation services are defined as follows:

a) Cargo terminal operation is the activity of organizing the operation of cargo terminals, meeting the requirements of aviation security checks and customs supervision for international goods according to the regulations for goods and mail transported by air. Cargo terminals have positions adjacent to the airfield, directly connected to aircraft parking areas;

b) Cargo warehouse operation is the activity of organizing the operation of cargo warehouses, meeting the requirements of aviation security checks and customs supervision for international goods according to the regulations for goods and mail transported by air. Cargo warehouses have positions not adjacent to the airfield, not directly connected to aircraft parking areas."

b) Amend and supplement Clause 6 Article 67 as follows:

"6. Ground commercial technical support services are activities carried out to serve passengers; luggage handling; cargo and mail handling; aircraft handling on aprons, weight control, flight operations, and other supporting aircraft handling activities at airports."

7. Replace Forms No. 01, No. 02, No. 03, No. 05, No. 06, No. 08, and No. 09 prescribed in the Appendix accompanying Decree No. 05/2021/NĐ-CP dated January 25, 2021 of the Government on management and operation of civil airports with Forms No. 01, No. 02, No. 03, No. 05, No. 06, No. 08, and No. 09 prescribed in the Appendix accompanying this Decree.

8. Add Form No. 8a, No. 10, No. 11, and No. 12 prescribed in the Appendix accompanying this Decree.

9. Replace the phrase "Vietnam Civil Aviation Authority" with "Civil Aviation Port Authority" in Clause 2 and Clause 3 of Article 53.

10. Replace the phrase "backup plan" with "backup plan regarding personnel and means, equipment" in Clause 2 of Article 69.

11. Replace the phrase "Copy" with "Copy or electronic copy" in Clause 1 of Article 43; Clause 4 of Article 49; Clause 5 of Article 50; Point b Clause 4, Clause 5, Point c Clause 9 of Article 51; Clause 2 of Article 53; Clause 6 of Article 55; Point c Clause 2 of Article 56; Point c Clause 1, Point b Clause 4 of Article 57; Point c, Point d Clause 1, Point a Clause 4, Point a Clause 6, Point b and Point c Clause 7 of Article 59 amended and supplemented by Article 3 of Decree No. 64/2022/NĐ-CP dated September 15, 2022 of the Government amending and supplementing some articles of Decrees relating to business operations in the civil aviation sector.

12. Add the phrase "Copy or electronic copy" before the document component prescribed in Point d Clause 1 of Article 57.

13. Add the phrase "Copy or electronic copy" before the document component prescribed in Point c Clause 4, Point b Clause 9 of Article 51; Point b Clause 1 of Article 55; Point b Clause 2 of Article 56 amended and supplemented by Article 3 of Decree No. 64/2022/NĐ-CP dated September 15, 2022 of the Government amending and supplementing some articles of Decrees relating to business operations in the civil aviation sector.

Article 2. Repeal certain provisions of Decree No. 64/2022/NĐ-CP dated September 15, 2022 of the Government amending and supplementing certain provisions of Decrees relating to business operations in the civil aviation sector.

Repeal Point c Clause 5; Clause 6; Point a Clause 7; Point a, Point b Clause 10; Clause 13; repeal the phrases "Clause 1 of Article 52" and "Clause 1 of Article 60" in Clause 12 of Article 3.

Article 3. Implementation Provisions

1. This Decree takes effect from April 10, 2024.

2. Transitional provisions:

a) Certificates that have been issued by competent authorities in accordance with the law prior to the effective date of this Decree shall continue to be valid until they are renewed, amended, supplemented, or revoked in accordance with the law.

b) For administrative procedures' files that have been accepted by competent authorities before the effective date of this Decree, the competent authorities accepting such files shall continue to process them in accordance with the legal regulations at the time of file acceptance.

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