Decree No. 83/2007/NĐ-CP On Management and Operation of Civil Aviation Airports

DECREE

On the management and operation of civil aviation airports

___________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Considering the proposal of the Minister of Transport,

DECREE

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree specifies details on the management and use of land for civil aviation airports; conditions, procedures, and formalities for opening and closing civil aviation airports; management of activities at civil aviation airports; management of areas adjacent to civil aviation airports; the list of air services at civil aviation airports; use of shared civil and military airports.

2. This Decree applies to all organizations and individuals related to civil aviation airports.

Article 2. Principles of Management and Operation of Civil Aviation Airports

1. Ensuring the synchronous development of the system of civil aviation airports; aligning with the strategy, planning, and plans for transportation development, airport development planning, economic and social development strategies and plans of regions and localities, international trends in civil aviation development; meeting the needs of civil aviation transport development.

2. Ensuring aviation security and safety; ensuring the unified, synchronized, continuous, and efficient operation chain of civil aviation airports; ensuring civility and convenience for civil aviation activities at civil aviation airports; ensuring competition among Vietnamese civil aviation airports; protecting public order and public interest, customer interests; protecting the environment.

3. Ensuring national defense and security tasks; ensuring close and synchronized coordination between civil and military aviation units related to shared civil and military airports, and between state management units at civil aviation airports.

Chapter II

MANAGEMENT AND USE OF LAND FOR CIVIL AVIATION AIRPORTS

Article 3. Classification of Land for Civil Aviation Activities at Civil Aviation Airports

1. Infrastructure construction land includes land for constructing runways, taxiways, aircraft parking aprons, air traffic control towers, and other auxiliary facilities of the airport.

2. Construction land for service facilities includes land for constructing passenger terminals, cargo terminals, warehouses; service facilities ensuring flight operations; ground service technical facilities; airline catering areas; aircraft maintenance areas; aviation security facilities; aviation fuel areas.

3. Construction land for offices of state management agencies operating regularly at civil aviation airports.

4. Construction land for hotels, restaurants, and other service facilities.

Article 4. Forms of Allocation and Leasing of Land at Civil Aviation Airports

1. Land allocated without payment for land use fees includes:

a) Land for infrastructure construction at civil aviation airports;

b) Land for offices of state management agencies operating regularly at civil aviation airports.

2. Land leased with payment fees includes all types of land at civil aviation airports not covered by Clause 1 of this Article.

3. Land lease payments shall be implemented in accordance with the provisions of the law on land lease fees.

Article 5. Term for Land Transfer and Lease

1. Land for construction specified in Clauses 1, 2, and 3 of Article 3 of this Decree shall be transferred or leased without a term.

2. Land for construction of works specified in Clause 4 of Article 3 of this Decree shall be leased with a term based on examination of the investment project or the application for land lease, but not exceeding 50 years. Extension shall be carried out based on examination of the need for land use and compliance with laws during the period of land use.

Article 6. Procedures for Re-transfer and Lease of Land

1. The Civil Aviation Port Authority shall be responsible for organizing detailed planning and plans for land use at civil aviation ports and airports to submit to competent state agencies for approval; the content of the detailed land use plan must clearly specify the area of public land without business purposes and the area with business purposes.

2. Organizations and individuals requiring land use at civil aviation ports and airports shall submit applications for re-transfer and lease of land to the Civil Aviation Port Authority.

3. The application for land transfer and lease includes:

a) Application for re-transfer and lease of land, including information such as the name and address of the organization or individual applying for re-transfer and lease of land; purpose of use, area of land; expected duration of land use;

b) Copies of the following documents: decision on establishment for state management agencies; Business License for civil aviation port operation or Service Provision License for air services or Business Registration Certificate for organizations and individuals operating at civil aviation ports and airports;

c) Plan and program for land use;

d) Investment project in accordance with laws on investment.

4. Within 90 days from the date of receipt of complete valid files, the Civil Aviation Port Authority shall be responsible for examining the files, reporting to the Vietnam Civil Aviation Administration, issuing decisions on land transfer, signing lease contracts with organizations and individuals leasing land, and conducting land handover.

5. The decision on re-transfer and lease of land must be approved in writing by the Vietnam Civil Aviation Administration. For areas related to joint use for civilian and military activities, re-transfer and lease of land must have the agreement of the Ministry of National Defense.

6. The procedures for extension of lease of land as stipulated in Clause 4 of Article 3 of this Decree shall be implemented according to the procedures for land lease.

Article 7. Procedure and Formalities for Approval of Sale, Lease, Mortgage, Guarantee, or Contribution of Assets Attached to Leased Land

1. Organizations and individuals leasing land who wish to mortgage or guarantee assets under their ownership attached to leased land at credit institutions permitted to operate in Vietnam shall submit applications to the Vietnam Civil Aviation Administration. The application shall include the following documents:

a) Application containing information such as the name and address of the organization or individual applying; name of the civil aviation port or airport; location of the asset attached to the leased land;

b) Copy of the Land Lease Contract;

c) Mortgage Contract or Guarantee Contract;

d) Extract from the cadastral map.

2. Organizations and individuals leasing land who wish to sell, lease, or contribute assets under their ownership attached to leased land must obtain the consent of the Vietnam Civil Aviation Administration. The application shall include:

a) Documents as specified in Points a, b, c, and d of Clause 1 of this Article;

b) Air Services Provision License appropriate for the organization or individual receiving the sale, lease, or contribution of assets.

3. Within 15 days from the date of receipt of complete files, the Vietnam Civil Aviation Administration shall examine the files and assets, consider and approve the mortgage, guarantee, sale, lease, or contribution of assets or notify in writing the reasons for refusal. The mortgage, guarantee, sale, lease, or contribution contracts only become effective after written approval by the Vietnam Civil Aviation Administration.

Article 8. Land Recovery

1. Land that has been reassigned or leased shall be recovered in the following cases:

a) Change in the master plan for airports pursuant to the decision of the competent state agency;

b) Expiration of the lease term without renewal;

c) Termination of the service contract at the airport;

d) Misuse of land;

đ) Revocation of the service provision license;

e) Pursuant to the decision of the Prime Minister;

g) Land assigned or leased by the State for investment projects which has not been utilized within twelve consecutive months or whose utilization progress is more than twenty-four months behind the schedule set forth in the investment project from the date of actual handover of the land, unless the competent state agency has decided to grant the land lease without permission;

h) The land user violates laws stipulated in the Land Law.

2. The Civil Aviation Authority shall notify organizations and individuals whose land is to be recovered at least 180 days prior to the recovery date regarding the reasons for recovery, relocation time and plan, compensation scheme, and site clearance plan.

Chapter III

OPENING AND CLOSING OF AIRPORTS

Article 9. Procedures and formalities for opening airports

1. The person holding the Certificate of Operation for Airports wishing to open an airport must submit a request file to the Vietnam Civil Aviation Authority.

2. The request file for opening an airport includes:

a) A request form for opening an airport, including information such as the name of the airport; location, scale, type of airport; airport level;

b) A copy of the Certificate of Operation for Airports.

3. Within thirty days from the date of receipt of all documents, the Vietnam Civil Aviation Authority shall be responsible for reviewing and reporting the results of the review to the Minister of Transport.

4. Within no more than five working days from the date of receipt of the report on the review results, the Minister of Transport shall be responsible for submitting to the Prime Minister for a decision to open the airport.

Article 10. Procedures and formalities for reopening airports

1. The person holding the Certificate of Operation for Airports wishing to reopen an airport must submit a request file to the Vietnam Civil Aviation Authority, except in cases where the airport is reopened within the authority of the Director of the Civil Aviation Authority as stipulated in Clause 4, Article 49 of the Civil Aviation Law of Vietnam.

2. The request file for reopening an airport includes:

a) A request form for reopening an airport, including information such as the name of the airport; location, scale, type of airport; airport level;

b) A copy of the Certificate of Operation for Airports;

c) Documentation proving that the reasons for closing the airport have been resolved or eliminated;

d) Inspection record of completion and acceptance of the works in cases of renovation, expansion, or repair of the airport.

3. Within thirty days from the date of receipt of all documents, the Vietnam Civil Aviation Authority shall be responsible for reviewing and reporting the results of the review to the Minister of Transport.

4. Within no more than five working days from the date of receipt of the report on the review results, the Minister of Transport shall be responsible for:

a) Submitting to the Prime Minister for a decision to reopen an airport closed pursuant to the Prime Minister's decision;

b) Deciding to reopen an airport closed pursuant to his own decision.

Article 11. Announcing the Opening, Closure, and Reopening of Airports

1. The Civil Aviation Authority of Vietnam shall announce on the aviation information system and notify relevant agencies in the following cases:

a) Opening an airport;

b) Closing an airport pursuant to the decision of the Prime Minister or the Minister of Transport;

c) Reopening an airport pursuant to the decision of the Prime Minister or the Minister of Transport.

2. The Airport Administration shall notify relevant agencies, organizations, and individuals at the airport in the following cases:

a) Closing an airport;

b) Reopening an airport.

Chapter IV

MANAGEMENT OF OPERATIONS AT AIRPORTS AND NEARBY AREAS

Article 12. Responsibilities of Agencies, Organizations, and Individuals Operating at Airports

1. Agencies performing state management functions at airports, airport enterprises, air service providers, and other organizations and individuals providing services at airports shall be responsible for serving and providing services to ensure safe, convenient, and prompt flight operations.

2. Airport enterprises and air service providers ensuring flight operations shall pay concession fees for airport operation rights to the Airport Administration in accordance with the regulations of the Ministry of Finance.

3. Air service providers operating at airports outside the cases stipulated in Clause 2 of this Article shall pay concession fees for airport operation rights to the airport enterprise in accordance with the regulations of the Ministry of Finance.

4. Air carriers, airport enterprises, air service providers, and other organizations and individuals providing services shall be responsible for providing information and documents to the Airport Administration upon request.

Article 13. Construction, Renovation, Upgrading, Repairing of Facilities, Installation of Equipment at Airports

1. Construction, renovation, upgrading, repairing of facilities, installation of equipment within the airport area must comply with the purpose of use and approved airport planning.

2. Construction, renovation, upgrading, maintenance, and repair of facilities, installation of equipment by air service providers at airports that plan to cease service for more than 24 hours must be approved by the Civil Aviation Authority of Vietnam.

3. Construction, renovation, upgrading, repairing of facilities or installation of equipment at airports outside the provisions of Clause 2 of this Article must be reported to the Airport Administration.

Article 14. Submission of Flight Documents

The aircraft operator must submit the load sheet, consolidated declaration form, passenger list, cargo declaration form of each flight to the Airport Administration within one hour after takeoff or landing of the aircraft.

Article 15. Procedures for Handling at Airports

1. The Civil Aviation Authority of Vietnam shall issue procedures for handling passengers, baggage, cargo, mail, parcels, letters at airports based on consensus with relevant specialized state management agencies.

2. The Civil Aviation Authority of Vietnam shall organize an inter-ministerial conference annually or when necessary to implement the procedures prescribed in Clause 1 of this Article.

Article 16. Control of activities at civil airports

1. Persons, objects, and means entering, exiting, or operating in restricted areas of civil airports shall be subject to security and safety inspections.

2. Staff members of agencies and organizations entering restricted areas of terminals and airports for duty must wear Air Security Control Cards issued by the Civil Aviation Administration of Vietnam and relevant Airport Authorities.

3. Means of transport operating within restricted areas at civil airports must hold permits issued by relevant Airport Authorities.

Article 17. Coordination of takeoff and landing times at civil airports

1. The Civil Aviation Administration of Vietnam shall survey and announce civil airports eligible for time coordination, and set operational limits for regular flights based on the following factors:

a) Operational conditions;

b) Infrastructure, equipment, and facilities;

c) Service provision capacity.

2. The Civil Aviation Administration of Vietnam shall coordinate takeoff and landing times at civil airports based on the operational limits announced under Clause 1 of this Article.

Article 18. Determination of boundaries of areas adjacent to civil airports

1. Airport Authorities shall cooperate with People's Committees at all levels where civil airports are located to determine boundaries on cadastral maps.

2. People's Committees at all levels shall announce boundaries of adjacent areas to civil airports on-site within their jurisdiction.

Chapter V

CIVIL AND MILITARY JOINT USE AIRPORTS

Article 19. Determination of management zones at civil-military shared-use airports

1. Civil and military joint use airports are airports serving both civilian and military operations.

2. Civil and military joint use airports include the following areas:

a) Areas exclusively used for military operations;

b) Areas used for civilian operations;

c) Areas jointly used for civilian and military operations.

Article 20. Responsibilities for managing civil-military shared-use airports

1. The Ministry of National Defense shall be responsible for managing areas exclusively used for military operations.

2. The Ministry of Transport shall be responsible for managing areas used for civilian operations, and areas used jointly for civilian and military operations.

3. Airport Authorities shall lead and coordinate with airport enterprises and military units within the airport area to issue management and operation agreements. Such agreements shall include the following contents:

a) Management and operation of areas used jointly for civilian and military operations;

b) Coordination in handling cases of construction, renovation, upgrading, repair, and operation of infrastructure and equipment in areas exclusively used for civilian and military operations that may affect each other's operations;

c) Coordination in using land, equipment, and services exclusively for civilian and military operations when necessary.

Chapter VI

AIR TRANSPORT SERVICES AT CIVIL AIRPORTS

Article 21. List of air transport services at civil airports

Air transport services at civil airports are those directly related to aircraft operation, air cargo transportation, flight activities, including:

1. Passenger terminal service;

2. Cargo terminal and warehouse service;

3. Flight zone service;

4. Flight support service;

5. Air security service;

6. Ground commercial technical service;

7. Aircraft maintenance and repair service;

8. Aviation equipment maintenance and repair service;

9. Aviation technical service;

10. In-flight catering service;

11. Aviation fuel supply service.

Article 22. Statutory capital for airport enterprises and air service provision enterprises

1. Airport enterprises:

a) Operating at international airports: 100 billion Vietnamese dong;

b) Operating at domestic airports: 30 billion Vietnamese dong.

2. Air service provision enterprises that are not airport enterprises:

a) Operating at international airports: 30 billion Vietnamese dong;

b) Operating at domestic airports: 10 billion Vietnamese dong.

Article 23. Control of non-aircraft service prices at airports

1. Organizations and individuals providing non-aircraft services at airports must ensure the quality of services and products sold.

2. Airport enterprises shall negotiate to unify the prices of non-aircraft services among organizations and individuals operating at airports to ensure a uniform price level for the same type of product and service, based on protecting customer interests, in line with market price levels and laws on pricing.

3. Non-aircraft service prices must be publicly displayed.

Chapter VII

IMPLEMENTING PROVISIONS

Article 24. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette and repeals Decree No. 29/CP dated April 2, 1997 of the Government promulgating the Regulation on the coordination of activities of state management agencies at civil airports.

Article 25. Implementation organization

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees under the Central Government, and related agencies are responsible for implementing this Decree./.