Law Amending and Supplementing Certain Articles of the Civil Aviation Law of Vietnam No. 61/2014/QH13

LAW

Provincial People's Committees set specific pricesTo amend and supplement some articles of

Civil Aviation Law of Vietnam

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Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law amending and supplementing certain Articles of the Civil Aviation Law of Vietnam number 66/2006/QH11.

Article 1

Amending and supplementing certain Articles of the Civil Aviation Law of Vietnam:

1. Amending and supplementing Clause 5; adding Clause 6 to Article 6 as follows:

"5. The State protects the rights and legitimate interests of Vietnamese organizations and individuals, overseas Vietnamese, foreign organizations and individuals participating in civil aviation activities.

6. The State has policies to ensure favorable conditions for persons with disabilities, elderly people, children, and pregnant women to use air transportation services."

2. Amend and supplement Article 8 as follows:

"Article 8. Contents of state management over civil aviation

1. Issuing and implementing regulatory legal documents, economic-technical norms, standards, technical regulations, rules, procedures on civil aviation.

2. Building and directing the implementation of strategies, plans, and policies for the development of the civil aviation industry as prescribed by law.

3. Managing domestic civil aviation operations within the territory of Vietnam and in airspace under Vietnam's control; managing investment in construction of service-providing facilities, technical systems, equipment ensuring flight operations.

4. Planning and managing investment in construction, operation, and exploitation of civil airports; managing land use at civil airports.

5. Managing air cargo transportation activities; inspecting and supervising the activities of air cargo transportation enterprises and air service businesses.

6. Registering aircraft and registering rights over aircraft.

7. Managing the design, production, operation, repair, maintenance, export, import of aircraft, aircraft engines, propellers, aircraft equipment, and other materials serving civil aviation activities.

8. Issuing certificates, licenses, certificates of approval, and other related documents concerning civil aviation activities.

9. Managing security and safety for civil aviation activities; organizing and ensuring security and safety for special flights and extraordinary flights.

10. Managing search and rescue operations and investigating aircraft accidents.

11. International cooperation in civil aviation.

12. Managing training and human resource development in the civil aviation sector; medical examination of aviation personnel.

13. Managing scientific and technological activities in the field of civil aviation; environmental protection, disaster prevention, and climate change response in civil aviation activities.

14. Managing prices, fees, and charges in civil aviation activities.

15. Inspecting, auditing, handling complaints and reports, and dealing with violations in civil aviation activities."

3. Adding Clause 2a following Clause 2 of Article 9 as follows:

"2a. The specialized civil aviation administration agency directly under the Ministry of Transport is the Civil Aviation Authority.

The Civil Aviation Authority shall have the following tasks and powers:

a) Issuing directives and orders; implementing emergency measures including suspending flights and the operation of aircraft, equipment, and aviation personnel to ensure aviation safety, aviation security, and maintain the synchronous operation of the air transport chain;

b) Supervising the operation and maintenance of aircraft, civil aviation infrastructure, flight operations, air cargo transportation, air service provision, non-air service provision; issuing, approving, recognizing permits, certificates, specifications, and specialized operational documents for civil aviation;

c) Organizing, operating, and directing the aviation security, aviation safety, aviation search and rescue, airport emergency management system; organizing and directing the handling, investigation, verification of situations threatening aviation safety, aviation security, incidents, accidents, and special flights;

d) Appointing inspectors in the fields of aviation safety, aviation security, and air service quality according to standards prescribed by the Minister of Transport;

đ) Compiling, analyzing, and evaluating accident and incident reports of aircraft; inspecting and supervising the rectification of aircraft accidents and incidents and implementing preventive measures against such incidents; investigating aircraft accidents and incidents;

e) Issuing or recognizing the application of specialized civil aviation procedures and basic standards;

g) Publishing and distributing domestically and internationally information and notifications related to civil aviation activities;

h) Conducting specialized civil aviation inspections.

The Government shall provide detailed regulations for this clause."

4. Amending and supplementing Clause 1 and Clause 2 of Article 10 as follows:

"1. The specialized civil aviation administration agency conducts specialized civil aviation inspections and has the following tasks and powers:

a) Inspecting compliance with laws, international treaties to which the Socialist Republic of Vietnam is a party, rules, standards, technical regulations, operational procedures in the specialized civil aviation sector;

b) Suspending the activities of organizations and individuals and means violating aviation safety and security regulations or failing to meet technical safety and security standards;

c) Administering administrative penalties in the civil aviation sector according to the law on administrative offenses;

d) Seizing aircraft;

đ) Cooperating with inspection agencies of ministries, ministerial-level agencies, government agencies, and relevant local agencies in detecting, preventing, and handling violations of civil aviation laws;

e) Recommending measures to address and rectify violations in civil aviation activities;

g) Performing other tasks and powers as prescribed by law.

2. The specialized civil aviation administration agency organizes civil aviation inspections to perform inspection functions as stipulated in Clause 1 of this Article."

5. Amend and supplement Article 11 as follows:

"Article 11. Fees, Stamp Duties, and Service Prices in Air Specialization

1. Air specialization services include:

a) AIR SERVICES ARE SERVICES DIRECTLY RELATED TO AIRCRAFT OPERATIONS, AIR CARRIAGE OPERATIONS, AND FLIGHT OPERATIONS;

b) NON-AIR SERVICES ARE SERVICES PROVIDED AT AIRPORTS AND ON AIRCRAFT BUT DO NOT FALL UNDER AIR SERVICES.

2. Air specialization fees and stamp duties include:

a) Overflight fees for flying through Vietnamese airspace, concession fees for exploitation rights, and other fees as prescribed by laws on fees and stamp duties;

b) Stamp duties for issuing certificates, licenses, and certificates related to civil aviation activities.

3. Service prices in air specialization include:

a) Take-off and landing service prices; departure and arrival flight management service prices; support service prices for ensuring flight operations; passenger service prices; air security assurance prices; and flight management service prices through Vietnamese-controlled air traffic control areas;

b) Other air specialization service prices.

4. Non-air specialization service prices include:

a) Renting ground space prices, essential service prices at airports;

b) Other non-air specialization service prices at airports.

5. The Ministry of Finance shall stipulate the levels of fees and stamp duties under Clause 2 of this Article based on the proposal of the Ministry of Transport.

6. The Ministry of Transport shall stipulate the levels of service prices under Point a of Clause 3 of this Article based on pricing methods prescribed by the Ministry of Finance.

7. Enterprises shall determine the levels of service prices prescribed under Point b of Clause 3 and Point a of Clause 4 of this Article within the price range set by the Ministry of Transport, and shall declare such prices to the Ministry of Transport.

8. Enterprises shall determine the levels of service prices prescribed under Point b of Clause 4 of this Article and shall publicly display such prices according to regulations.

6. Amend and supplement Clause 4 of Article 14 as follows:

"4. At the request of the aircraft registration applicant, the aircraft owner, the transaction guarantor, the lessor, or the seller of the aircraft with conditions."

7. Amend and supplement Article 20 as follows:

Article 20. Design, Production, Repair, Maintenance, and Testing of Aircraft, Aircraft Engines, Propellers, and Aircraft Equipment

1. The design, production, repair, maintenance, or testing of aircraft, aircraft engines, propellers, and aircraft equipment in Vietnam must comply with standards issued or recognized by competent state authorities.

2. Facilities engaged in the design, production, repair, maintenance, or testing of aircraft, aircraft engines, propellers, and aircraft equipment in Vietnam must hold a license issued by the Ministry of Transport. Applicants for such licenses must pay stamp duties.

3. Vietnamese-registered aircraft, engines, propellers, and equipment of Vietnamese-registered aircraft can only be maintained at approved maintenance facilities and according to maintenance programs approved by the Ministry of Transport.

4. Organizations and individuals researching the manufacture of aircraft, aircraft engines, propellers, and aircraft equipment when conducting actual flight performance tests must report and comply with regulations of the Ministry of National Defense.

8. Amend and supplement Article 21 as follows:

Article 21. Detailed Provisions on Flight Qualification Standards

1. The Minister of Transport shall stipulate flight qualification standards; procedures for issuing and recognizing Flight Qualification Certificates and Type Certificates; standards and procedures for issuing licenses to facilities engaged in the design, production, repair, maintenance, and testing of aircraft, aircraft engines, propellers, and aircraft equipment, except as provided in Clause 2 of this Article.

2. The Minister of National Defense shall stipulate flight qualification standards; standards and procedures for issuing licenses to facilities engaged in the design, production, repair, maintenance, and testing of unmanned aircraft, ultra-light aircraft, and their equipment.

Unmanned aircraft are devices that operate without direct pilot intervention during flight.

Ultra-light aircraft include balloons and model aircraft.

Balloons are devices where lift is generated by gases contained within their envelope, including manned and unmanned dirigibles.

Model aircraft include gliders modeled after aircraft shapes and styles, equipped with engines, controlled by radio or pre-programmed controls; parachutes and kites with or without pilots, excluding traditional kites.

9. Amending and supplementing Article 27 as follows:

"Article 27. Detailed provisions on aircraft operation

1. The Minister of Transport shall stipulate detailed regulations on aircraft operation, conditions, procedures, and the sequence for issuing Aircraft Operator Certificates, Radio Equipment Usage Permits on aircraft; environmental protection requirements for aircraft and aircraft engines, except in cases provided for in Clause 2 of this Article.

2. The Minister of National Defense shall stipulate detailed regulations on unmanned aircraft and ultra-light aircraft operation.

10. Amend and supplement Clause 1 of Article 28 as follows:

"1. Rights to aircraft include:

a) Ownership rights to aircraft;

b) Possession rights to aircraft through lease purchase or lease agreements lasting six months or more;

c) Mortgage and pledge of aircraft;

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

11. Supplement Clause 6 of Article 49 as follows:

"6. The Ministry of National Defense decides on opening and closing dedicated airports after coordinating with the Ministry of Transport.

The Government shall stipulate conditions, procedures, and sequences for opening and closing dedicated airports."

12. Amend and supplement Clause 4 of Article 50 as follows:

"4. The owner or organization entrusted with managing air cargo ports and airports shall be responsible for requesting issuance of Air Cargo Port and Airport Registration Certificates.

The person requesting issuance of Air Cargo Port and Airport Registration Certificates must pay registration fees."

13. Amend and supplement Clause 2 of Article 56 as follows:

"2. The Ministry of Transport shall take the lead and coordinate with relevant agencies to develop a comprehensive master plan for the development of the national air cargo port and airport system to be submitted to the Prime Minister for approval, excluding dedicated airports.

The Minister of Transport shall approve detailed planning for the national air cargo port and airport system, excluding dedicated airports.”

14. Supplement Clause 3 of Article 58 as follows:

"3. The Ministry of Transport shall manage and supervise investment construction, maintenance, repair, and ensuring operational conditions for air cargo ports and airports.

The Ministry of Construction shall, within its scope of duties and authority, be responsible for coordinating with relevant agencies to implement quality management of civilian construction projects at air cargo ports and airports."

15. Amend and supplement Clause 1 of Article 59 as follows:

"1. The Air Cargo Port Authority is an agency under the State Administration Department for Civil Aviation Management, implementing state administration tasks regarding civil aviation at air cargo ports and airports as prescribed by law."

16. Amend and supplement Clauses 2 and 3 of Article 79 as follows:

"2. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Transport to decide on establishing and operating airport airspace and areas for general aviation activities; submit to the Prime Minister for decision on establishing and operating air routes.

Airport airspace is an aerial area with horizontal and vertical limits suitable for each airport, serving aircraft takeoff, landing, and waiting at the airport.

Areas for general aviation activities are aerial areas with horizontal and vertical limits determined for each type of operation; they have flight rules, methods, and service provision requirements for flight operations.

An air route is an aerial area with defined height, width, and is controlled.

3. The Ministry of Transport shall manage the organization of air route operations, civil airport airspace, and areas for general aviation activities in Vietnamese airspace and air traffic control zones managed by Vietnam. The organization of operations for shared civil and military airport airspace and areas for general aviation activities must have the written agreement of the Ministry of National Defense.”

17. Amend and supplement Clause 2 of Article 80 as follows:

"2. Vietnamese aircraft and foreign aircraft conducting international flights may only take off and land at international air cargo ports; in cases where aircraft take off and land at domestic air cargo ports or airports or conduct international flights carrying domestic passengers using Vietnamese aircraft, permission from the Ministry of Transport, after coordination with the Ministry of National Defense, is required.

International flights referred to in this Law are flights conducted over the territory of more than one country."

18. Amend and supplement Clause 2 of Article 81 as follows:

"2. Aircraft operating within the territory of Vietnam must obtain flight permits from the following Vietnamese agencies:

a) The Ministry of Foreign Affairs shall issue flight permits for foreign special aircraft flights carrying guests of the Party and State and escort or advance flights for such special aircraft conducting civil aviation activities in Vietnam.

Special aircraft flights are those used exclusively or combined with commercial transport and confirmed or announced according to regulations serving special aircraft flights;

b) The Ministry of National Defense shall issue flight permits for flights of Vietnamese and foreign military aircraft conducting civil aviation activities in Vietnam; flights of unmanned aircraft and ultra-light aircraft; flights outside air routes;

c) The Ministry of Transport shall issue flight permits for flights conducting civil aviation activities in Vietnam, including flights of Vietnamese and foreign aircraft for civil purposes not covered by points a and b of this clause; escort or advance flights for Vietnamese special aircraft; foreign special aircraft flights not covered by point a of this clause and escort or advance flights for such special aircraft; flights of Vietnamese and foreign official aircraft not covered by points a and b of this clause."

19. Amend and supplement Clause 2; supplement Clause 5 of Article 92 as follows:

"2. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Transport to stipulate and manage the surface of aviation obstacles and the height of related structures concerning the surface of aviation obstacles."

The Ministry of Transport shall take the lead and coordinate with the Ministry of National Defense to publicly announce the surfaces of air obstacles, heights of structures related to the surfaces of air obstacles in areas of civil airports; areas ensuring normal operation of aviation radio stations; air obstacle limits of adjacent airport zones; statistics, marking, and announcing the list of natural and artificial obstacles that may affect the safety of flight operations.

"5. When issuing construction permits for projects in the areas specified in Clause 2 of this Article, the competent authority issuing construction permits must comply with the regulations on the height of structures related to the surfaces of air obstacles."

20. Amend and supplement Clause 1 of Article 94 as follows:

"1. The Government shall provide detailed regulations on airspace organization and use; management of flight activities at airports; issuance of flight permits; coordination in managing civilian and military flight activities; management of special flight activities; management of air obstacles."

21. Amend the name of Section 2 Chapter V as follows:

"ENSURING FLIGHT OPERATIONS"

22. Amend and supplement Article 95 as follows:

"Article 95. Ensuring Flight Operations

1. Ensuring flight operations includes:

a) Organizing and managing flight operations assurance;

b) Providing services to ensure flight operations.

2. Organizing and managing the ensuring of flight operations involves establishing and operating a system to ensure flight operations, including planning flight information regions; planning and managing investment in construction, maintenance, repair, and keeping infrastructure facilities operational; standardizing, evaluating, and monitoring service quality to ensure flight operations; coordinating air traffic control and providing aviation information.

The Ministry of Transport shall organize and manage the ensuring of flight operations.

3. Services to ensure flight operations are necessary services to ensure the safety, regulation, continuity, and efficiency of flight operations, including air navigation services; information, guidance, and surveillance services; meteorological services; aviation information services; search and rescue services. Services to ensure flight operations are public welfare services.

4. Enterprises providing services to ensure flight operations must have service provision bases and technical systems and equipment licensed by the Ministry of Transport. Enterprises applying for operation licenses must pay fees. 5. Organizations and individuals conducting flight operations within flight information regions managed by Vietnam shall be provided with services to ensure flight operations.

23. Amend and supplement Clause 2 and Clause 3 of Article 102 as follows:

"2. In cases where aircraft are in distress or accidents occur at airports and adjacent airport areas, the agency responsible for specialized state management of civil aviation shall cooperate with People's Committees at all levels to conduct search and rescue operations for people, aircraft, and property.

3. In cases where aircraft are in distress or accidents occur outside the areas specified in Clause 2 of this Article, the National Committee for Search and Rescue shall take the lead and coordinate with the Ministry of Transport, relevant ministries and sectors, People's Committees at all levels, and other agencies and organizations to conduct search and rescue operations for people, aircraft, and property."

24. Add Clause 4a following Clause 4 of Article 110 as follows:

"4a. Air carriers granted Business Operation Licenses for Air Cargo Transportation shall have the following obligations:

a) Announce the contents of the Business Operation License for Air Cargo Transportation;

b) Operate in accordance with the purpose, content, and conditions stipulated in the Business Operation License for Air Cargo Transportation;

c) Maintain the conditions required for the Business Operation License for Air Cargo Transportation and Aircraft Operator Certificates as prescribed;

d) Maintain the quality of air cargo transportation services according to the regulations of the Ministry of Transport;

đ) Comply with the provisions of civil aviation laws and other related laws."

25. Amend and supplement Clause 2 of Article 112 as follows:

"2. Air carriers shall operate air cargo transportation within the scope of air transportation rights granted by the Ministry of Transport; they shall not buy or sell air transportation rights, engage in prohibited restrictive competition practices or unfair competition; they shall not use trademarks, including trade names and brands, that cause confusion with other air carriers; they shall not assign or accept rights to operate air cargo transportation."

26. Amend and supplement Clause 3 of Article 115 as follows:

"3. The Ministry of Transport shall designate Vietnamese air carriers to operate routes to areas with particularly difficult socio-economic conditions, mountainous, remote, and far-flung areas with essential needs for public air transportation."

27. Amend and supplement Article 116 as follows:

"Article 116. Air Freight Service Prices

1. Airlines must report to the Ministry of Transport, upon request, air freight service prices on international routes to and from Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

2. Airlines determine domestic air freight service prices within the price range set by the Ministry of Transport and file such prices with the Ministry of Transport.

28. Amend Clause 5 and supplement Clause 6 of Article 145 as follows:

"5. In cases where the carrier's fault results in passengers who have been confirmed seats not being transported, flights being cancelled, or flights being delayed without prior notice from the carrier, the carrier shall be responsible for fulfilling the obligations stipulated in Clauses 3 and 4 of this Article and must pay a non-refundable advance compensation amount to the passenger. If the carrier is liable for civil damages, this amount will be deducted from the compensation payment.

The Minister of Transport shall specify the time frame for the carrier to give prior notice, the duration of flight delays, and the non-refundable advance compensation amount after coordinating with the Minister of Finance.

6. The Minister of Transport shall specify the quality of services provided to passengers at airports.

29. Amend and supplement Article 159 as follows:

"Article 159. Transportation of Weapons, Military Equipment, and Radioactive Materials

1. It is prohibited to transport weapons, military equipment, and radioactive materials by air into or through the territory of Vietnam, except as provided for in Clauses 2 and 3 of this Article.

This provision also applies to official aircraft.

2. The Minister of Defense shall decide special cases allowing the transportation of weapons and military equipment by air into or through the territory of Vietnam.

3. The Prime Minister shall decide special cases allowing the transportation of radioactive materials by air into or through the territory of Vietnam.

4. Apart from the provisions of Clauses 1, 2, and 3 of this Article, the transportation of weapons, military equipment, and radioactive materials by air must comply with relevant laws.”

30. Amend Clause 3 and supplement Clause 4 of Article 165 as follows:

"3. The carrier may be exempted from all or part of the liability for compensating losses to goods corresponding to the degree of damage in the following cases:

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

b) As a result of decisions made by courts or competent state agencies regarding the goods;

c) Due to war or armed conflict;

d) Due to the fault of the sender, receiver of the goods, or the fault of the escort appointed by the sender or receiver to accompany the goods.

4. The carrier may be exempted from all or part of the liability for compensating losses to checked baggage corresponding to the degree of damage caused by the inherent characteristics or defects of the checked baggage."

31. Amend Clause 2 of Article 190 as follows:

"2. An illegal interference with civil aviation activities is an act that poses a threat to the safety of civil aviation operations, including one of the following acts:

a) Illegally seizing an aircraft in flight;

b) Illegally seizing an aircraft on the ground;

c) Using an aircraft as a weapon;

d) Taking hostages on board an aircraft or at an airport;

đ) Illegally entering an aircraft, airport, or civil aviation facilities and equipment;

e) Bringing dangerous items onto an aircraft, airport, or restricted areas contrary to the law;

Dangerous items include weapons, ammunition, flammable substances, explosive materials, 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 life, or the safety of flights;

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

h) Intentionally committing acts violating the law that threaten the safe operation of aircraft; the operation of airports; ensuring flight activities."

32. Amend and supplement Article 191 as follows:

"Article 191. Civil Aviation Security Assurance

1. Civil aviation security assurance is implemented through the following measures:

d) Eliminating the possibility of illegally transporting dangerous goods by air; applying special preventive measures when allowing the transportation of dangerous goods or potential threats to aviation security; permanently or temporarily prohibiting the transport of passengers who cause disturbances or interfere illegally with civil aviation operations, or as required by competent authorities;

e) Maintaining aviation security, maintaining order and discipline at airports, airfields, places with aviation facilities and equipment, and on aircraft;

c) Security checks, screening, and monitoring of aircraft, vehicles, persons, luggage, cargo, entry and exit, and activities in restricted areas as prescribed; searching aircraft, vehicles, persons, luggage, and cargo when there are signs threatening civil aviation security;

d) Eliminating the possibility of illegally transporting dangerous items by air; applying special preventive measures when allowing the transportation of dangerous items or potential threats to civil aviation security; permanently or temporarily prohibiting the transportation of disruptive passengers, individuals engaging in illegal interference with civil aviation activities, or as required by competent state authorities;

Disruptive passengers are those who intentionally fail to comply with regulations on civil aviation safety, security, public order at airports, on aircraft, or provide false information threatening civil aviation security;

h) Responding to illegal interference in civil aviation operations.

e) Counter-terrorism on aircraft;

g) Applying special preventive measures when allowing the transportation of dangerous objects;

h) Internal security control for aviation staff;

i) Response to illegal interference with civil aviation activities.

2. The Ministry of Public Security and the Ministry of National Defense, within their respective jurisdictions, shall take the lead and coordinate with the Ministry of Transport, provincial People's Committees, and related ministries and sectors to organize the implementation of the measures stipulated in Points a, e, g, and i of Clause 1 of this Article."

3. The Ministry of Transport shall be responsible for taking the lead and coordinating with the Ministry of Public Security, the Ministry of National Defense, provincial/municipal People's Committees under the central government, and relevant ministries and sectors to organize the implementation of measures prescribed in Points b, c, d, đ, and h of Clause 1 of this Article.

4. The Government shall provide detailed regulations on this matter."

33. Amend and supplement Clause 1 of Article 192 as follows:

"1. Restricted areas are areas of civil airports and airfields and places where aviation facilities, equipment, and devices are located, where entry and exit, and activities therein must comply with regulations of competent state agencies and be subject to aviation security screening, monitoring, inspection, and search according to the provisions."

34. Amend and supplement Article 193 as follows:

"Article 193. Aviation Security Screening, Monitoring, Inspection, and Search for Flights

1. Aircraft must undergo aviation security screening and monitoring before commencing flights; in cases where there are signs or information threatening the security and safety of the flight, aviation security searches must be conducted.

2. Passengers, crew members, flight service personnel, other related persons, baggage, cargo, mail, and other items must undergo aviation security screening, monitoring, and inspection before boarding the aircraft; in cases where there are signs or information threatening the security and safety of the flight, aviation security searches must be conducted. Aviation security monitoring and maintaining order and discipline on board the aircraft must be carried out throughout the flight.

3. The Government shall stipulate conditions, procedures, and formalities for conducting aviation security searches."

35. Amend and supplement Article 195 as follows:

"Article 195. Aviation Security Control Forces

1. Aviation security control forces, organized and directed by the Ministry of Transport, shall implement measures to ensure aviation security within the scope of responsibility of the Ministry of Transport.

2. The operational area of aviation security control forces includes civil airports, airfields; on board aircraft; air navigation service provision bases; aircraft production, maintenance, and repair bases; air service provision bases at civil airports and airfields; cargo and mail processing bases for loading onto aircraft.

3. Aviation security control forces shall be selected, trained, and instructed to meet professional requirements; they shall have their own uniforms, insignia, and identification badges as prescribed by the Ministry of Transport.

4. Aviation security control forces shall be equipped with weapons, support tools, equipment, and means to perform their duties in accordance with the law.

5. The Ministry of Public Security and the Ministry of National Defense shall be responsible for coordinating with the Ministry of Transport to organize training, instruct, and guide professional tasks for aviation security control forces."

36. Amend and supplement Article 196 as follows:

"Article 196. Aviation Security Programs and Regulations

1. Aviation security programs and regulations specify the responsibilities of agencies, organizations, and individuals involved in implementing procedures, formalities, and measures to ensure aviation security.

2. Aviation security programs and regulations include:

a) Vietnam Aviation Security Program;

b) Vietnam Aviation Security Training and Instruction Program;

c) Vietnam Aviation Security Quality Control Program;

d) Airport and Airfield Operation Security Program;

đ) Airline Security Program;

e) Aviation Personnel Training and Instruction Security Program of Training and Instruction Bases;

g) Security Regulations of Air Navigation Service Provision Bases; Aircraft Production, Maintenance, and Repair Bases; Air Service Provision Bases at Airports and Airfields; Cargo and Mail Processing Bases for Loading onto Aircraft.

3. The aviation security programs and regulations specified in Clause 2 of this Article shall be promulgated in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

4. The Minister of Transport shall issue the aviation security programs specified in Points a, b, and c of Clause 2 of this Article.

Civil Aviation Authorities shall approve the aviation security programs and regulations specified in Points d, đ, e, and g of Clause 2 of this Article; and accept or reject foreign airline security programs."

37. Amend and supplement Article 197 as follows:

"Article 197. Responsibility for Ensuring Civil Aviation Security of Organizations and Individuals Participating in Civil Aviation Activities

1. The operator of civil airports, airlines, air navigation service providers, aircraft manufacturing, maintenance, and repair facilities, aviation equipment manufacturers, aviation service providers at civil airports, cargo processing facilities for loading onto aircraft shall be responsible for developing, submitting to competent state authorities for approval, and implementing civil aviation security programs and regulations in accordance with the provisions; ensuring aviation security for activities within their management scope.

2. Foreign airlines operating regular flights to and from Vietnam must submit to the Civil Aviation Authority the civil aviation security program for their operations in Vietnam.

3. Airlines and aircraft operators conducting international flights to Vietnam are responsible for providing pre-flight information about the flight, passengers, and crew to the competent state authorities as prescribed by the Government.

4. Other organizations and individuals participating in civil aviation activities must comply with the legal provisions on aviation security.

5. The Ministry of Transport is responsible for inspecting and evaluating the implementation of security measures in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party; conducting inspections, surveys, tests, assessments, and investigations to ensure compliance with legal provisions on aviation security for organizations and individuals involved in civil aviation activities.

38. Supplement Clause 4 of Article 198 as follows:

"4. An organization conducting joint aviation activities for commercial purposes may not engage in prohibited anti-competitive practices or unfair competition; may not use a brand, including trade name and trademark, that causes confusion with another organization conducting joint aviation activities; may not assign or accept the right to conduct joint aviation activities for commercial purposes."

39. Replace the phrase "mail items, parcels, letters" in Point b Clause 1 Article 45; Clause 2 Article 47; Clause 1 Article 109; Clause 1 Article 111; Article 119; Clause 2 Article 120; Clause 3 Article 121; Article 157; Clause 1 Article 198 with the phrase "postal items." Replace the phrase "Ministry of Posts and Telecommunications" in Clause 3 Article 94 with the phrase "Ministry of Information and Communications." Replace the phrase "tariff rate" in Clauses 1 and Point c Clause 2 Article 126, Clause 2 Article 128, Clause 2 Article 143; the phrase "service charge" in Clause 1 Article 128, Clause 1 Article 143, Clause 4 Article 161; the word "tariff" in Clause 5 and Clause 6 Article 147 with the phrase "service fee." Replace the phrase "disability" in Clause 2 Article 145 with the phrase "impairment."

40. Repeal Article 125; Clause 3 and Clause 4 Article 158.

Article 2

Amend and supplement Point a and Point b Clause 3 Article 19 of the Law on Prices No. 11/2012/QH13 as follows:

"a) Specific pricing standards for:

- Air services, including: takeoff and landing services; air traffic control services for departure and arrival; support services for flight operations; passenger services; aviation security services and air traffic control services over airspace managed by Vietnam;

- Telecommunication connection services;

- Electricity: transmission price; ancillary system service price;

b) Pricing range for: power generation price; wholesale electricity price; average retail electricity price; other air service prices; rental fees for airport premises and essential services at airports;"

Article 3

1. This Law takes effect from July 1, 2015.

2. The Government and competent authorities shall provide detailed regulations for the provisions assigned in this Law.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 8th session of the 13th term, on November 21, 2014./.