Circular No. 72/2013/TT-BTC amends and supplements Circular No. 119/2007/TT-BTC dated October 9, 2007, issued by the Ministry of Finance, guiding financial management and the allocation of plans for providing public utility services to ensure flight operations.

CIRCULAR

Amending and supplementing Circular No. 119/2007/TT-BTC dated October 9, 2007

of the Ministry of Finance guiding financial management work and plan allocation for

providing public service to ensure flight operations

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Pursuant to the Civil Aviation Law of Vietnam;

Pursuant to the Ordinance on Fees and Charges;

Pursuant to the Price Law;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 31/2005/NĐ-CP dated March 11, 2005 of the Government on production and supply of public goods and services;

Pursuant to Decree No. 25/2010/NĐ-CP dated March 19, 2010 of the Government on converting state-owned companies into limited liability companies with sole state ownership and organizing management of such limited liability companies with sole state ownership;

Pursuant to Decision No. 256/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating the Procurement Regulations for ordering, allocating plans for production and supply of public goods and services;

At the proposal of the Director of the Enterprise Finance Department,

The Minister of Finance issues this Circular amending and supplementing Circular No. 119/2007/TT-BTC dated October 9, 2007 of the Ministry of Finance guiding financial management work and plan allocation for providing public service to ensure flight operations.

Article 1. Amending and supplementing some points in Circular No. 119/2007/TT-BTC dated October 9, 2007 of the Ministry of Finance guiding financial management work and plan allocation for providing public service to ensure flight operations

1. Paragraph a, paragraph b, Point 3.2, Clause 3 Section II shall be amended and supplemented as follows:

“a) Revenue:

- Allocating 35% from the revenue from air traffic control fees for flights over airspace and flight information regions.

- Revenue from aircraft handling services both domestically and internationally arriving at Vietnamese airports.

- Revenue from other services.

- Revenue from State subsidies and price supports (if any).

The determination of revenue shall be carried out according to current regulations.

b) Cost items: Including cost items as prescribed by law for a wholly state-owned limited liability company and special cost items as follows:

- Safety awards.

- Calibration flight costs.

- Satellite communication channel rental costs.

- Costs for supporting services for flight operations.

- Property insurance and civil liability insurance for air traffic controllers.

- Air search and rescue drill costs.

- Meal allowance costs.”

2. Section III shall be amended and supplemented as follows:

a) Clause 1, Clause 2 shall be amended and supplemented as follows:

“1. Management of capital, assets, profit distribution, and other financial provisions, the Vietnam Air Traffic Management Corporation shall implement in accordance with the provisions of law applicable to wholly state-owned limited liability companies.”

b) Clause 3 is amended and supplemented as follows:

“2. Provisions on the ratio of retained fees and fees paid into the State budget:

In the total revenue from air traffic control fees for flights over airspace and flight information regions (including exchange rate differences), the Vietnam Air Traffic Management Corporation retains 35% and records it as revenue of the unit. The remaining 65% of air traffic control fees for flights over airspace and flight information regions, the Vietnam Air Traffic Management Corporation is responsible for paying into the State budget according to current regulations of the Ministry of Finance.

During the course of operation, if the above retention ratio is insufficient for the Vietnam Air Traffic Management Corporation to fulfill its public service mission in compliance with international standards, the Vietnam Air Traffic Management Corporation shall develop specific proposals, report to the Vietnam Civil Aviation Authority, the Ministry of Transport, and the Ministry of Finance for appropriate adjustment.”

3. Clause 1 Section IV shall be amended and supplemented as follows:

“Quarterly and annually, the Vietnam Air Traffic Management Corporation shall prepare financial statements and reports on the implementation of public service tasks, submitting them to the Ministry of Transport and the Ministry of Finance in accordance with current regulations.

The Vietnam Air Traffic Management Corporation is responsible for implementing financial regulations in accordance with current regulations.

Annually, the Vietnam Air Traffic Management Corporation must conduct independent audits of annual financial statements and be subject to inspection, examination, and supervision by financial authorities regarding financial management activities in accordance with regulations.”

Article 2. Replacement of Terminology

1. Replace the phrase "Civil Aviation Management Center" as defined in Circular 119/2007/TT-BTC with the phrase "Vietnam Air Traffic Management Corporation".

2. Replace the phrase "state-owned company" as defined in Circular 119/2007/TT-BTC with the phrase "joint stock company with a single member being the State, holding 100% of the charter capital".

This Circular takes effect from December 25, 2025/.

1. This Circular takes effect from July 15, 2013, and applies to the fiscal year 2013.

2. During implementation, if there are any difficulties, Vietnam Air Traffic Management Corporation and related units are requested to compile reports for the Ministry of Finance to study and make appropriate amendments and supplements./.