Decision No. 51/2007/QĐ-BGTVT on the Register Book of Civil Aviation Airports, issuance of Certificates and Business Licenses at Civil Aviation Airports

Pursuant to …;

Regarding the Aircraft Carrier Register, Airports; Issuing Certificates and Licenses for Business Operations at Airports

At Airports

  _________________________

MINISTER OF TRANSPORT

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Upon the proposal of the Director of the Investment Planning Department and the Director General of the Civil Aviation Authority of Vietnam,

Pursuant to …;

PART I

GENERAL PROVISIONS

Article 1. Scope of application          

This Decision details the procedures for establishing the Aircraft Carrier Register at airports; the procedures for issuing certificates of registration for airports; the procedures for issuing temporary certificates of registration for airports under construction; the procedures for issuing operation certificates for airports; and the procedures for issuing business licenses for airports and air service provision licenses at airports.

Article 2. Applicability

This Decision applies to all organizations and individuals involved in airport registration, operation, and business operations; and air service provision at airports.

Chapter II

PROCEDURE AND PROCEDURES

REGISTRATION OF AIRPORTS

Section 1

ISSUANCE OF REGISTRATION CERTIFICATE

AIRPORT, AIRFIELD

Article 3. Documents for Application for Issuance of Airport Registration Certificate

1. The applicant for issuance of the Airport Registration Certificate shall be responsible for submitting the application documents for issuance of the Airport Registration Certificate to the Civil Aviation Authority of Vietnam.

2. In cases where the airport is under construction, the investor may submit the application documents for issuance of a temporary Airport Registration Certificate to the Civil Aviation Authority of Vietnam.

3. The application documents for issuance of the Airport Registration Certificate include the following:

a) An application form for issuance of the Airport Registration Certificate, including information such as the name and address of the applicant; the name of the airport; location and coordinates; airport level; purpose of operation; operational capacity;

b) A copy of the Decision on Establishment of the Organization or the Business Registration Certificate of the enterprise;

c) A copy of the Investment Decision for the airport;

d) A copy of the Decision Approving the Master Plan for the airport;

đ) Infrastructure documentation of the airport according to Appendix 1 of this Decision;

e) Receipts or documents confirming payment of fees.

4. The application documents for issuance of the Airport Registration Certificate for an airport under construction include the following:

a) The documents mentioned in Points a, b, c, d, and e of Clause 3 of this Article;

b) A copy of the Identity Card or Passport in case the investor is an individual;

c) A copy of the Approved Investment Project or Construction Permit for the airport.

Article 4. Issuance of Airport Registration Certificate

1. Within ten days from the date of receipt of the application documents, the Civil Aviation Authority of Vietnam shall be responsible for reviewing the documents and notifying the applicant of the technical inspection plan for the airport.

2. The technical inspection of the airport includes:

a) The airport has been constructed in accordance with the development plan for the airport system;

b) The infrastructure of the airport has been constructed in compliance with technical standards as prescribed;

c) The construction plan for the airport's infrastructure complies with technical standards as prescribed for the temporary registration of an airport under construction.

3. Within twenty days from the date of receipt of the application documents, the Civil Aviation Authority of Vietnam shall register the airport in the Aircraft Carrier Register and issue the Airport Registration Certificate according to the model in Appendix 2 of this Decision, or notify in writing the reasons for refusing to issue the Airport Registration Certificate.

4. After completion of construction, the temporarily registered airport must be registered in accordance with Article 50 of the Civil Aviation Law of Vietnam. The application documents shall be submitted in accordance with Clause 3 of Article 3 of this Decision.

5. The registration of the airport becomes effective from the date recorded in the Aircraft Carrier Register by the Civil Aviation Authority of Vietnam.

Section 2

THE AIRCRAFT CARRIER REGISTER AT AIRPORTS

Article 5. Establishment and Management of the Register of Civil Aviation Airports

1. The Civil Aviation Authority of Vietnam shall be responsible for establishing, recording, updating information, and managing the Register of Civil Aviation Airports.

2. The Register of Civil Aviation Airports shall be established in both paper and electronic formats.

Article 6. Contents of the Register of Civil Aviation Airports

1. The Register of Civil Aviation Airports records information related to the registration of civil aviation airports and temporary registration of civil aviation airports.

2. The Register of Civil Aviation Airports includes the following information:

a) The date of entry into the Register of Civil Aviation Airports for each type of registration;

b) Certificate of issuance for each type of registration: number, date of issuance;

c) Name and address of the investor or operator of the civil aviation airport;

d) Name of the civil aviation airport;

đ) Location and coordinates of the civil aviation airport;

e) Airport level;

g) Purpose of operation;

h) Operational capacity.

Article 7. Modification of Content in the Register of Civil Aviation Airports

1. The modification of registration content in the Register of Civil Aviation Airports must be carried out when there is a change in the information specified at points c, d, đ, e, g, h of Clause 2, Article 6 of this Decision.

2. The person who has been issued the Registration Certificate for the civil aviation airport must regularly update information about changes to the civil aviation airport and request modifications to the registration content in the Register of Civil Aviation Airports.

3. The application dossier for modifying content in the Register of Civil Aviation Airports includes the following documents:

a) Application form for modifying information, including the name and address of the applicant; name of the civil aviation airport; proposed modification content;

b) Documents proving the proposed changes;

c) Copy of the Registration Certificate for the civil aviation airport that has been issued.

4. The Civil Aviation Authority of Vietnam will modify the content in the Register of Civil Aviation Airports, issue a new Registration Certificate for the civil aviation airport, and revoke the previously issued Registration Certificate.

Chapter III

PROCEDURES FOR ISSUING CERTIFICATES

OPERATING CIVIL AVIATION AIRPORTS

Article 8. Application Dossier for Issuing the Operating Certificate for Civil Aviation Airports

1. The operator of the civil aviation airport submits the application dossier for issuing the Operating Certificate for Civil Aviation Airports to the Civil Aviation Authority of Vietnam.

2. The application package shall include the following documents:

a) Application form for issuing the Operating Certificate for Civil Aviation Airports, including the name and address of the applicant; name of the civil aviation airport; location and coordinates; airport level; purpose of operation, operational capacity;

b) Copy of the Registration Certificate for the civil aviation airport;

c) Security program of the civil aviation airport;

d) Operating documents of the civil aviation airport;

đ) Receipt or document confirming payment of fees;

Article 9. Issuance of the Operating Certificate for Civil Aviation Airports

1. Within ten days from the date of receiving all documents, the Civil Aviation Authority of Vietnam shall be responsible for reviewing the application dossier and notifying the technical inspection plan for the civil aviation airport to the applicant for the Registration Certificate for the civil aviation airport.

2. The technical inspection of the airport includes:

a) Organization, equipment, facilities, and factors ensuring aviation safety and security;

b) Compliance with technical standards of the civil aviation airport and adjacent areas;

3. Within thirty days from the date of receiving all documents, the Civil Aviation Authority of Vietnam shall issue the Operating Certificate for Civil Aviation Airports according to the model attached as Appendix 3 to this Decision, or notify in writing the reasons for refusal to the applicant for the Operating Certificate for Civil Aviation Airports.

4. The Operating Certificate for Civil Aviation Airports is valid for five years from the date of issuance.

5. While awaiting the issuance of technical standards for civil aviation airports and adjacent areas, the Civil Aviation Authority of Vietnam shall conduct technical inspections, operating procedures, and monitor compliance with operating conditions of civil aviation airports as stipulated in Appendix 14 and Document 139 of the International Civil Aviation Organization (ICAO) and operating guidelines of the International Air Transport Association (IATA).

6. The Operating Certificate for Civil Aviation Airports shall be revoked in accordance with Clause 4, Article 51 of the Civil Aviation Law of Vietnam.

Article 10. Reissuing the Airport Operation Certificate

1. At least 15 days before the Airport Operation Certificate expires, the airport operator shall submit an application for reissuance of the Airport Operation Certificate to the Vietnam Civil Aviation Authority.

2. The application package shall include the following documents:

a) An application for reissuance, including the following information: name and address of the airport operator; the airport for which the certificate is requested; number, date, month, and year of the previously issued Airport Operation Certificate.

b) A copy of the previously issued Airport Operation Certificate.

c) Documentation proving changes in operational documents compared to the previous issuance.

3. The procedures for reviewing and reissuing the Airport Operation Certificate shall be carried out in accordance with Article 9 of this Decision.

Article 11. Supplementing and Amending the Airport Operation Certificate

1. In the following cases, the Airport Operation Certificate must be amended or supplemented:

a) Change or transfer of the airport operator.

b) Change in the purpose or capacity of the airport operation, airport level.

2. The airport operator shall submit an application for supplementing or amending the Airport Operation Certificate to the Vietnam Civil Aviation Authority. The application shall include:

a) An application for supplementing or amending the Airport Operation Certificate, including the following information: name and address of the applicant; number, date, month, and year of the Airport Operation Certificate to be amended or supplemented; reasons for amendment or supplementation; proposed amendments or supplements.

b) Documentation proving the changes specified in Clause 1 of this Article.

c) Receipt or confirmation of payment of fees.

3. The procedures for reviewing and issuing the amended or supplemented Airport Operation Certificate shall be carried out in accordance with Article 9 of this Decision.

Article 12. Airport Operation Documents

1. The airport operator is responsible for preparing the airport operation documents, which shall include the following main contents:

a) Purpose, basis for construction, and operational conditions of the airport.

b) Functions, tasks, and authority of the airport operator.

c) General information about the airport, including diagrams showing location, overall layout, functional zoning, equipment systems, and devices; names, locations, coordinates, elevations, and terrain of the airport; elevation of runway thresholds; details about navigation aids at the airport; name, address, and contact phone number of the airport operator.

d) Information on the dimensions of the airport and its areas such as runways, taxiways, aprons; positions and radio frequencies; locations of ground aircraft movement guidance systems; locations and heights of pre-flight altitude checks; plans for moving damaged aircraft within the operational area; search and rescue information; layout drawings of airport areas.

đ) Operating procedures and security and safety measures for the airport.

e) Organizational structure and management system for airport safety.

2. The Vietnam Civil Aviation Authority shall provide guidance on preparing the airport operation documents according to the above contents.

Article 13. Responsibilities of Airports and Civil Aviation Airport Operators

1. Maintain the conditions for operating airports and civil aviation airports as prescribed.

2. Establish and update information on changes to the conditions for operating airports and civil aviation airports in the Airport Operation Manual.

3. Report to the Vietnam Civil Aviation Authority every three months or upon request regarding:

a) The situation of airport and civil aviation airport operations;

b) Changes in the conditions for operating airports and civil aviation airports.

Chapter IV

PROCEDURE AND PROCESS FOR ISSUING BUSINESS LICENSES FOR AIRPORTS,

AIR TRANSPORT SERVICE LICENSES

Article 14. Procedure and process for issuing business licenses for airports, air transport service licenses

1. The business license for airports shall be issued to airport enterprises. The air transport service license shall be issued to airport enterprises and air transport service enterprises at airports and civil aviation airports.

2. The application dossier for issuing a business license for airports and an air transport service license submitted to the Vietnam Civil Aviation Authority includes the following documents:

a) Application form for the issuance of a license, including the following information: name, address of the applicant; legal representative; type of enterprise; content of the application;

b) Copy of Business Registration Certificate;

c) Documents proving the organizational structure, staff with appropriate certificates, meeting professional requirements, operating at airports and civil aviation airports;

d) A confirmation document from the competent authority or a valid certificate proving the capital of the enterprise;

e) Plan for equipping facilities and other necessary factors to ensure operation and business at airports and civil aviation airports; the operation and air transport service procedures of the enterprise;

e) Receipts or documents confirming payment of fees.

3. Within fifteen days from the date of receipt of the complete dossier, the Vietnam Civil Aviation Authority shall be responsible for reviewing the dossier, inspecting the conditions for issuing the license, issuing the license according to the model in Appendix 4 and 5 of this Decision, or notifying in writing the reasons for refusing to issue the license to the applicant.

4. The Vietnam Civil Aviation Authority shall guide the establishment of the operation and air transport service procedures of the enterprise.

Article 15. Supplementing the Air Transport Service License

1. An enterprise wishing to supplement the scope of air transport services must submit a supplementary application for the air transport service license.

2. The review and issuance procedure for the license shall be carried out in accordance with Article 14 of this Decision.

Article 16. Revocation Cases Business Licenses for Airports, Air Transport Service Licenses

1. The Vietnam Civil Aviation Authority shall inspect and supervise the implementation of the conditions for operating airports and providing air transport services at airports and civil aviation airports.

2. The Vietnam Civil Aviation Authority shall revoke the business license for airports and the air transport service license in the following cases:

a) The applicant provides false information during the application process for the license;

b) The licensee seriously violates regulations on ensuring aviation security and safety;

c) The licensee does not comply with recommendations from state agencies and authorized persons regarding aviation security and safety, flood prevention, search and rescue, and environmental protection.

Chapter V

OTHER PROVISIONS

Article 17: Effectiveness of Implementation

This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 3046/2003/QĐ-BGTVT dated October 15, 2003 issued by the Minister of Transport on the Regulations for Issuing Airports and Civil Aviation Airports Operating Licenses.

Article 18. Implementation Organization

The Heads of the Office, the Inspectorate General of the Ministry, the Directors of the Departments, the Director of the Civil Aviation Administration of Vietnam, the Heads of agencies and units, and individuals concerned shall be responsible for implementing this Decision.