Decree No. 89/2019/ND-CP amends and supplements certain articles of Decree No. 92/2016/ND-CP dated July 1, 2016, of the Government on business sectors and occupations subject to conditions in the civil aviation sector, and Decree No. 30/2013/ND-CP dated April 8, 2013, of the Government on air cargo transportation and general aviation activities.

DECREE

Amending and supplementing certain articles of Decree No. 92/2016/NĐ-CP dated July 1, 2016 of the Government on industries and trades subject to conditions in the civil aviation sector and Decree No. 30/2013/NĐ-CP dated April 8, 2013 of the Government on air cargo transportation business and common aviation activities.

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006 and the Law Amending and Supplementing Certain Articles of the Civil Aviation Law of Vietnam dated November 21, 2014;

Pursuant to the Investment Law dated November 26, 2014 and the Law Amending and Supplementing Article 6 and Appendix 4 on the List of Business Fields Subject to Investment Conditions of the Investment Law dated November 22, 2016;

At the proposal of the Minister of Transport;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 92/2016/NĐ-CP dated July 1, 2016 of the Government on industries and trades subject to conditions in the civil aviation sector and Decree No. 30/2013/NĐ-CP dated April 8, 2013 of the Government on air cargo transportation business and common aviation activities.

Article 1. Amending and supplementing certain articles of Decree No. 92/2016/NĐ-CP dated July 1, 2016 of the Government on industries and trades subject to conditions in the civil aviation sector as follows:

1. Amending and supplementing Point c Clause 1 Article 4 as follows:

"c) For enterprises currently operating industries and trades subject to conditions in the civil aviation sector that increase or decrease capital to meet the capital requirements when expanding or narrowing the scope of business, adding or reducing other industries and trades subject to conditions prescribed in this Decree may use the audited financial report of the preceding year with respect to the time of application or a bank guarantee letter as a confirmation of capital or a report on capital fluctuation audited at the time of application."

2. Amending and supplementing Clause 5 as follows:

"Article 5. Conditions for air cargo transportation business

1. Meeting the conditions regarding aircraft operation assurance plan, organizational structure, capital, business plan, and product development strategy as stipulated in Articles 6, 7, 8, and 9 of this Decree.

2. The provisions of this Chapter shall not apply to training and vocational training for crew members and flight instructors."

3. Amend and supplement Article 6 as follows:

"Article 6. Conditions for aircraft operation assurance plan

1. The aircraft operation assurance plan includes the following contents:

a) Number, type, age of aircraft;

b) Form of ownership;

c) Operation and maintenance plan, and human resources for operation and maintenance of aircraft.

4. To amend and supplement Article 7 as follows:

2. The minimum number of aircraft maintained throughout the air cargo transportation business period is three aircraft for air cargo transportation business; one aircraft for common aviation business."

"Article 7. Conditions for organizational structure

1. Having an organizational structure to implement safety and security management systems, aircraft operation, aircraft maintenance, flight training, and ground operations.

2. Individuals appointed to positions responsible for safety and security management systems, aircraft operation, aircraft maintenance, and flight training must have at least three years of continuous work experience in the relevant field, holding certificates recognized according to civil aviation laws.

3. For foreign-invested enterprises, the number of foreign members in the management team shall not exceed one-third of the total number of members participating in the management team. The management team referred to in this clause includes:

a) General Director (Director), Deputy General Directors (Deputy Directors);

5. Amending and supplementing Article 8 as follows:

b) Chief Accountant;

c) Persons responsible for areas such as safety management system, aircraft operation, aircraft maintenance, flight training, and individuals holding equivalent positions as determined by the enterprise's organizational structure."

"Article 8. Capital conditions

1. Minimum capital (including equity and debt) required to establish and maintain an air cargo transportation business enterprise:

a) Operating up to ten aircraft: VND 300 billion;

b) Operating from eleven to thirty aircraft: VND 600 billion;

c) Operating more than thirty aircraft: VND 700 billion.

2. Minimum capital required to establish and maintain a common aviation business enterprise: VND 100 billion.

3. Foreign-invested air cargo transportation business enterprises must meet the following conditions:

6. Amending Article 9 as follows:

a) Foreign investors' shareholding ratio shall not exceed 34%;

b) There must be at least one Vietnamese individual or Vietnamese legal entity holding the largest shareholding ratio;

c) In cases where a Vietnamese legal entity has foreign investment, the foreign investment ratio shall not exceed 49% of the legal entity's charter capital."

2. The application file for investigation of emergency measures for textile products as prescribed in Article 63 of Decree No. 86/2025/NĐ-CP must also include the following specific additional contents:

"Article 9. Business Plan and Development Strategy The business plan and development strategy of the enterprise include the following contents:

1. Assessing market demand and development trends.

2. Evaluating practical aspects and competitive levels of services provided in the market.

3. Product development strategy for air cargo transportation, aircraft fleet development strategy, and five-year business development plan starting from the date of operation."

"Article 10. Procedures for Issuing Air Cargo Transportation Business License and Common Aviation Business License

1. Applicants for issuance of Air Cargo Transportation Business License and Common Aviation Business License submit one set of documents directly or through postal service or by other appropriate means to the Civil Aviation Administration of Vietnam and bear responsibility for the accuracy and truthfulness of information in the documents.

2. Application documents include:

d) A principle contract or agreement on the purchase, sale on installment, or leasing of aircraft;

e) A copy of the company's articles of operation;

g) A list of members and shareholders at the time of submitting the application; the list must include full information for each member and shareholder: Full name; date of birth; nationality; place of permanent residence; current address; proportion of capital contribution or number of shares held; representative managing the capital contribution for organizational members and shareholders; capital contribution agreements among shareholders and members (a certified copy from the enterprise or an original copy presented for verification);

3. In case the application is not valid, within three working days from the date of receiving the application, the Civil Aviation Authority of Vietnam must provide a written response to the applicant and guide them to complete the application according to the regulations.

4. Within twenty days from the date of receiving a complete application as prescribed, the Civil Aviation Authority of Vietnam shall report to the Ministry of Transport the results of the review.

5. Within fifteen days from the date of receiving the review result report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall examine and submit to the Prime Minister for approval. If the Ministry of Transport does not approve the review result, it shall provide a written response to the Civil Aviation Authority of Vietnam and clearly state the reasons.

6. Within ten days from the date of receiving the proposal from the Ministry of Transport, the Prime Minister shall examine and permit the Ministry of Transport to issue the Air Transport Business License or the Common Air Business License. If permission is not granted, the Prime Minister shall notify the Ministry of Transport and clearly state the reasons.

7. Within five working days from the date of receiving the written opinion of the Prime Minister, the Ministry of Transport shall issue the license according to Model No. 02 stipulated in the Appendix issued together with this Decree or notify the opinion of the Prime Minister regarding the non-issuance of the Air Transport Business License or the Common Air Business License.

8. Amend Article 11 as follows:

"Article 11. Procedures for Reissuing the Air Transport Business License and the Common Air Business License

1. The Air Transport Business License and the Common Air Business License shall be reissued in cases where they are lost, torn, damaged, have changed contents, or have been revoked due to failure to meet the conditions specified in point a, c, d, đ of Clause 1 of Article 12 of this Decree.

2. An air transport business enterprise shall submit one set of reissue application documents directly or through the postal service or other appropriate means to the Civil Aviation Authority of Vietnam and shall be responsible for the accuracy and truthfulness of the information in the application.

3. For licenses reissued due to changes in the content of the license:

a) The application includes: A request for reissuing the license according to Model No. 01 stipulated in the Appendix issued together with this Decree; relevant documents related to the change in the content of the license (if applicable);

b) Within fifteen days from the date of receiving a complete application as prescribed, the Civil Aviation Authority of Vietnam shall report to the Ministry of Transport the results of the review;

c) Within three working days from the date of receiving the review report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall reissue the license according to Model No. 02 stipulated in the Appendix issued together with this Decree. If it does not approve, the Ministry of Transport shall notify the Civil Aviation Authority of Vietnam in writing to respond to the applicant in writing and clearly state the reasons.

4. For licenses reissued due to loss, tearing, or damage:

a) The application includes: A request for reissuing the license according to Model No. 01 stipulated in the Appendix issued together with this Decree;

b) Within three working days from the date of receiving a complete application as prescribed, the Civil Aviation Authority of Vietnam shall report to the Ministry of Transport;

c) Within two working days from the date of receiving the report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall consider and reissue the license according to Model No. 02 stipulated in the Appendix issued together with this Decree. If it does not approve, the Ministry of Transport shall notify the Civil Aviation Authority of Vietnam in writing to respond to the applicant in writing and clearly state the reasons.

5. For licenses reissued due to revocation:

a) The application includes: Documents specified in points a, b, c, d, đ, g of Clause 2 of Article 10 of this Decree;

b) If the application is not valid, within three working days from the date of receiving the application, the Civil Aviation Authority of Vietnam must provide a written response to the applicant and guide them to complete the application according to the regulations;

c) Within fifteen days from the date of receiving a complete application as prescribed, the Civil Aviation Authority of Vietnam shall report to the Ministry of Transport the results of the review;

d) Within three working days from the date of receiving the review report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall reissue the license according to Model No. 02 stipulated in the Appendix issued together with this Decree. If it does not approve, the Ministry of Transport shall notify the Civil Aviation Authority of Vietnam in writing to respond to the applicant in writing and clearly state the reasons.

9. Amend and supplement Article 12 as follows:

"Article 12. Revocation of the Air Transport Business License and the Common Air Business License

1. The Air Transport Business License and the Common Air Business License shall be revoked in the following cases:

a) Failure to maintain the minimum capital for three consecutive years;

b) Intentionally falsifying information in the application for the license;

c) Ceasing air transport operations for thirty-six consecutive months;

d) Not obtaining the Aircraft Operator Certificate within thirty-six months from the date of issuance of the license;

đ) The Aircraft Operator Certificate has been revoked or canceled for more than thirty-six months without being reissued;

e) Operating contrary to the purpose or content stated in the license;

g) Seriously violating laws and regulations on national security and defense;

h) Seriously violating laws and regulations on aviation security, aviation safety, organizational structure, and air transport operations, common air operations.

i) Cease operations in accordance with the provisions of the law or at the request of the air cargo transportation business enterprise;

k) No longer meeting the conditions for issuing the Permit as prescribed by the law. 2. In the case where the Permit is revoked, the Ministry of Transport shall issue a decision to revoke the permit, and the enterprise must immediately cease its air cargo transportation business.

10. Supplement Article 12a as follows:

"Article 12a. Notifications of Changes to Enterprises

Air cargo transportation enterprises must submit written notifications to the Civil Aviation Administration of Vietnam within thirty days from the date of implementation regarding the following contents:

1. Amendments to the Articles of Operation and Transportation Regulations;

2. Certificates confirming changes to the registered information of the enterprise when there are changes to the registered information of the enterprise;

3. Changes to organizational structure as stipulated in Article 7 of this Decree;

4. Changes to members of the management board;

5. Changes to shareholders holding five percent or more of the charter capital."

11. Supplement Article 12b as follows:

"Article 12b. Management of Air Cargo Transportation Business Operations

1. Air cargo transportation enterprises may conduct air cargo transportation operations after complying with the regulations on Aircraft Operators issued by the Minister of Transport.

2. Air cargo transportation enterprises must ensure that the number of leased aircraft with flight crews meets the following criteria simultaneously:

a) Not exceeding thirty percent of the total number of aircraft;

b) Not exceeding ten aircraft."

12. Supplement Article 12c as follows:

"Article 12c. Measures to Manage Air Transport Rights

1. Air carriers granted air transport rights are responsible for adhering to the flight schedules and takeoff and landing times confirmed.

13. Supplement Article 12d as follows:

"Article 12d. Management of Imported Aircrafts

1. The age of second-hand aircrafts imported into Vietnam is regulated as follows:

a) For aircrafts performing passenger transport: Not exceeding ten years from the date of manufacture to the time of importation into Vietnam under purchase or lease-purchase contracts; not exceeding twenty years from the date of manufacture to the end of the lease contract. For helicopters, it is not more than twenty-five years from the date of manufacture to the end of the lease contract;

b) For aircrafts transporting goods, mail, parcels, and general aviation: Not exceeding fifteen years from the date of manufacture to the time of importation into Vietnam under purchase or lease-purchase contracts; not exceeding twenty-five years from the date of manufacture to the end of the lease contract;

14. Amend and supplement Article 14 as follows:

"c) Other types of aircrafts not specified in points a and b above: Not exceeding twenty years from the date of manufacture to the time of importation into Vietnam under purchase or lease-purchase contracts; not exceeding thirty years from the date of manufacture to the end of the lease contract. 2. Types of aircrafts imported into Vietnam must be certified by the Federal Aviation Administration (FAA) of the United States, the European Union Aviation Safety Agency (EASA), or the Vietnamese Civil Aviation Authority."

Article 14. Conditions for Issuing a Permit for Airports

1. Documentation explaining compliance with the conditions for ensuring aviation safety and security as stipulated in Clause 2, Article 63 of the Civil Aviation Law of Vietnam and Annex 14 of the International Civil Aviation Organization Convention.

2. Compliance with the following capital requirements:

a) Minimum capital required to establish and maintain an airport enterprise: One hundred billion Vietnamese dong;

b) The proportion of foreign investor's capital shall not exceed thirty percent of the charter capital."

15. Amend and supplement Article 16 as follows:

"Article 16. Conditions for Issuing a Permit for Providing Air Services at Airports

1. Compliance with the conditions stipulated in point b and d, Clause 2, Article 65 of the Civil Aviation Law of Vietnam and reviewed and evaluated by the Civil Aviation Administration of Vietnam according to the corresponding service sectors as stipulated in Clause 1, Article 15 of this Decree.

2. Minimum capital required to establish and maintain an enterprise providing air services at airports:

a) Provision of passenger terminal operation services: Thirty billion Vietnamese dong;

b) Provision of terminal and cargo warehouse operation services: Thirty billion Vietnamese dong;

c) Provision of aviation fuel services: Thirty billion Vietnamese dong.

3. For enterprises providing passenger terminal operation services, cargo terminal operation services, aviation fuel services, commercial ground technical support services, and airfield operation services, the proportion of foreign individuals' and organizations' capital contributions shall not exceed thirty percent of the enterprise's charter capital."

16. Amend and supplement Article 18 as follows:

"Article 18. Procedures for Issuing a Permit for Providing Air Services at Airports

1. Individuals and organizations applying for a permit to provide air services at airports must submit one set of application documents directly or through postal services or other appropriate means to the Civil Aviation Administration of Vietnam and bear responsibility for the accuracy and truthfulness of the information in the application documents. The application includes:

a) A written request for a permit according to Model Form 03 prescribed in the Appendix attached to this Decree;

b) Original certificate of capital confirmation;

c) Documentation explaining the enterprise's assurance of aviation safety and security as stipulated in Clause 1, Article 16 of this Decree.

2. Within twelve days from the date of receipt of complete application documents, the Civil Aviation Administration of Vietnam shall issue a permit for providing air services at airports according to Model Form 04 prescribed in the Appendix attached to this Decree. If the permit is not issued, the Civil Aviation Administration of Vietnam must send a written response to the applicant and specify the reasons. If the application documents are incomplete, within three working days from the date of receipt of the documents, the Civil Aviation Administration of Vietnam must send a written response guiding the applicant to complete the documents in accordance with the regulations.

3. The Civil Aviation Administration of Vietnam shall notify the Airport Supervision Office about the issuance of the permit to carry out inspection and supervision work."

17. Amend and supplement Article 21 as follows:

1. Organizations providing aircraft maintenance services, aircraft engine propeller maintenance services, and aircraft equipment maintenance services in Vietnam must be granted a Maintenance Organization Approval Certificate by the Civil Aviation Administration of Vietnam.

2. Conditions for granting a Maintenance Organization Approval Certificate: having documentation explaining the maintenance organization in accordance with regulations issued by the Minister of Transport.

18. Amend and supplement Article 22 as follows:

"Article 22. Conditions for design, production, or testing organizations of aircraft, aircraft engines, aircraft propellers, and aircraft equipment in Vietnam

1. Design, production, or testing organizations of aircraft, aircraft engines, aircraft propellers, and aircraft equipment shall be granted a Design, Production, or Testing Organization Approval Certificate by the Civil Aviation Administration of Vietnam corresponding to their activities.

2. Conditions for granting a Design, Production, or Testing Organization Approval Certificate for organizations engaged in the design, production, or testing of aircraft, aircraft engines, aircraft propellers, and aircraft equipment in Vietnam, as stipulated in Clause 1 of this Article, include:

a) Having documentation explaining the design, production, or testing organization of aircraft, aircraft engines, aircraft propellers, and aircraft equipment in Vietnam proving the organization's capability;

b) Having manufacturing, design, production, maintenance, and testing procedures.

3. This provision only applies to the design, production, or testing of aircraft, aircraft engines, aircraft propellers, and aircraft equipment in Vietnam based on the Aircraft Type Certificate issued by the Civil Aviation Administration of Vietnam."

19. Amend and supplement Article 23 as follows:

"Article 23. Conditions for operating air traffic service businesses

1. Documentation explaining compliance with the conditions for ensuring aviation safety and security as stipulated in Clause 2, Article 63 of the Civil Aviation Law of Vietnam and Annex 14 of the International Civil Aviation Organization Convention.

1. The Civil Aviation Administration of Vietnam shall grant an operation permit for air traffic service facilities and systems when they meet technical standards and requirements for technical systems, equipment, and operational procedures in civil aviation.

a) Air navigation service providers, air traffic information service providers, search and rescue service providers must be state-owned enterprises with 100% state capital;

b) Providers of air traffic control surveillance information services and aviation meteorological services must have at least 65% state capital and no more than 30% foreign capital contribution in their charter capital."

20. Amend and supplement Article 25 as follows:

"Article 25. Requirements for training institutions for aviation personnel Training institutions for aviation personnel must meet the following requirements:

1. Having documentation explaining the physical facilities that comply with technical standards and specifications in civil aviation as prescribed by the Minister of Transport.

2. Having documentation explaining the training programs, textbooks, and training materials in accordance with regulations issued by the Minister of Transport.

21. Amend and supplement Article 26 as follows:

3. Training institutions for aviation personnel must ensure sufficient theoretical and practical instructors for each specialized aviation course, with at least one instructor per course."

"Article 26. Teachers at training institutions for aviation personnel Aviation teachers must meet one of the following requirements:

1. Possessing a professional certificate according to the provisions of the civil aviation regulatory document or having five years of work experience in a related field.

22. Amend and supplement Article 27 as follows:

"Article 27. Procedures for issuing a Certificate of Eligibility for Training Institutions for Aviation Personnel

1. Training institutions for aviation personnel shall submit one set of application documents directly or through postal services or other appropriate means to the Civil Aviation Administration of Vietnam. The application includes the following documents:

a) A request for a Certificate of Eligibility for Training Institutions for Aviation Personnel according to Model No. 05 prescribed in the Appendix accompanying this Decree;

b) Documentation explaining the training organization's compliance with the requirements of this Decree, Articles 25 and 26.

2. The content of the documentation explaining the training organization includes:

a) A list of instructors;

b) A report on physical facilities: classrooms, equipment, and practical training sites suitable for the training content;

c) A report on the curriculum, textbooks, and training materials for theoretical and practical courses related to each subject;

d) A report on organizational structure, management staff, and management documents for training aviation personnel.

3. Within twenty-five days from the date of receipt of complete applications, the Civil Aviation Administration of Vietnam will review the applications, inspect and evaluate the training institutions; request additional explanations and corrections from the applicants; issue a Certificate of Eligibility for Training Institutions for Aviation Personnel according to Model No. 07 prescribed in the Appendix accompanying this Decree, and notify in writing if the issuance is refused, stating the reasons."

23. Amend and supplement Clause 4 of Article 28 as follows:

"4. In cases of amending or supplementing the contents of the certificate: within fifteen days from the date of receipt of complete applications, the Civil Aviation Administration of Vietnam will review the applications, inspect and evaluate the training institutions; request additional explanations from the applicants; reissue the certificate or notify in writing if the reissuance is refused, stating the reasons."

Article 2. Amend and supplement some articles of Decree No. 30/2013/NĐ-CP dated April 8, 2013 of the Government on air transport business and non-commercial aviation activities as follows:

1. Amend and supplement Article 22 as follows:

"Article 22. Application dossier for issuance of Non-Commercial Aviation Operation Registration Certificate

1. The person submitting the application dossier for issuance of a Non-Commercial Aviation Operation Registration Certificate must submit one set of the dossier directly or through the postal service or other appropriate means to the Civil Aviation Authority of Vietnam.

2. The application package shall include the following documents:

a) A request for issuance of a Non-Commercial Aviation Operation Registration Certificate according to Form No. 06 or Form No. 10 as prescribed in the Appendix of this Decree in cases of reissuance;

b) A copy from the original book or a certified copy with the original presented for comparison or a notarized copy (in case of direct submission); a notarized copy (in case of submission via postal service) of the following documents: Business License or Operating Permit or Enterprise Registration Certificate (for organizations); Identity Card, Citizen Identification Card or Passport (for individuals);

c) A copy from the original book or a certified copy with the original presented for comparison or a notarized copy (in case of direct submission); a notarized copy (in case of submission via postal service) of the following documents: Permanent Resident Card in Vietnam (for foreign citizens permanently residing in Vietnam); Representative Office Establishment Permit or Branch Establishment Permit in Vietnam (for representative offices and branches of foreign organizations);

d) A copy from the original book or a certified copy with the original presented for comparison or a notarized copy (in case of direct submission); a notarized copy (in case of submission via postal service) of the following documents: Aircraft Nationality Registration Certificate, Aircraft Airworthiness Certificate;

đ) The original Operation and Maintenance Plan for aircraft;

e) A copy from the original book or a certified copy with the original presented for comparison or a notarized copy (in case of direct submission); a notarized copy (in case of submission via postal service) of the following documents: Crew Member License or Qualification Certificate;

g) A copy from the original book or a certified copy with the original presented for comparison or a notarized copy (in case of direct submission); a notarized copy (in case of submission via postal service) of the Aircraft Maintenance Facility Operating Permit; h) A copy from the original book or a certified copy with the original presented for comparison or a notarized copy (in case of direct submission); a notarized copy (in case of submission via postal service) of the aircraft maintenance lease agreement in cases where maintenance services are leased."

2. Amend Clause 1 of Article 23 as follows:

"1. Within twenty-five working days from the date of receipt of the complete dossier as stipulated in Article 22 of this Decree, the Civil Aviation Authority of Vietnam shall review the dossier and issue a document seeking comments from the Air Force Operations Directorate (Ministry of Defense) regarding the organization or individual applying for non-commercial aviation operations, type of aircraft, flight area, or notify the applicant of refusal to issue the Registration Certificate and specify the reasons."

3. Amend Clause 6 of Article 26 as follows:

"6. The use of trademarks as prescribed in Point b Clause 3 and Clause 4 of this Article must be registered with the Civil Aviation Authority of Vietnam. Airlines must submit one set of the dossier directly or through the postal service or other appropriate means to the Civil Aviation Authority of Vietnam. The application dossier for trademark registration includes the following documents:

a) An original request for trademark registration according to Form No. 08 as prescribed in the Appendix of this Decree;

b) A copy from the original book or a certified copy with the original presented for comparison or a notarized copy (in case of direct submission); a notarized copy (in case of submission via postal service) of the documents proving compliance with the corresponding provisions at Point b Clause 3 and Clause 4 of this Article;

Article 3. Effectiveness

1. This Decree takes effect from January 1, 2020.

2. Article 13 and Article 17 of Decree No. 92/2016/ND-CP dated July 1, 2016 of the Government on business sectors and occupations subject to conditions in the civil aviation sector are repealed.

c) A copy from the original book or a certified copy with the original presented for comparison or a notarized copy (in case of direct submission); a notarized copy (in case of submission via postal service) of the document granting permission to use the trademark by the trademark owner."

Article 4. Responsibilities for Implementation

1. The Ministry of Transport shall organize the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.