Nghị định 05/2021/ND-CP

DECREE

MANAGEMENT AND OPERATION OF AIRPORTS AND AERODROMES

Pursuant to the Law on Government Organization dated June 19, 2015; Law on Amendments to the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Vietnam Civil Aviation dated June 29, 200; the Law on Amendments to the Law on Vietnam Civil Aviation dated November 21, 2014;

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001; Law on Amendments to the Law on Fire Prevention and Fighting dated November 22, 2013;

Pursuant to the Law on Prices dated June 20, 2012;

Pursuant to the Law on Land dated November 29, 2013;

Pursuant to the Law on Management of Public Property dated June 21, 2017;

Pursuant to the Law on Construction dated June 18, 2014; Law on Amendments to the Law on Construction dated June 17, 2020;

Pursuant to the Law on Environmental Protection dated June 23, 2014;

Pursuant to the Law on Planning dated November 24, 2017;

Pursuant to the Law on Cybersecurity Law dated June 12, 2018;

Pursuant to the Law on Amendments to some Articles concerning planning of 37 Laws dated November 20, 2018;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Public - Private Partnership Investment dated June 18, 2020;

Pursuant to the Ordinance on protection of important structures related to national security of the Standing Committee of the National Assembly No. 32/2007/PL-UBTVQH  dated April 20, 2007;

At the request of the Minister of Transport;

The Government hereby promulgates a Decree on management and operation of airports and aerodromes.

Chapter I

GENERAL

Article 1. Scope

1. This Decree elaborates on management and operation of airports/aerodromes in Vietnam, including:

a) Principles and responsibilities of organizations and individuals involved in management and operation of airports/aerodromes;

b) Airport/aerodrome planning and implementation thereof;

c) Opening and shutting down airports/aerodromes;

d) Issuance of certificates of registration of airports/aerodromes and certificates of operation of airports/aerodromes;

dd) Issuance of airport business licenses;

e) Management of construction of works at airports/aerodromes;

g) Operation of airports/aerodromes;

h) Business operation at airports/aerodromes.

2. This Decree does not apply to specialized aerodromes, except for the regulations set out in Point d Clause 1 of this Article.

Article 2. Regulated entities

This Decree applies to entities involved in management and operation of airports and aerodromes in Vietnam.

Article 3. Definitions

1. “airport enterprise” means an enterprise that conducts conditional business and organizes management and operation of airports/aerodromes and issued with the airport business license by the Ministry of Transport.

2. “airport/aerodrome operator” means an organization that directly operates aerodrome infrastructure and other essential works of an airport/aerodrome, except for air navigation works and facilities that are managed and operated by an air navigation enterprise, and is granted the certificate of airport/aerodrome operation by the Civil Aviation Authority of Vietnam (hereinafter referred to as “the CAAV”).

3. “infrastructure of an airport” includes:

a) Infrastructure of the aerodrome;

b) Works and technical infrastructure serving air navigation;

c) Works serving provision of aviation security assurance and emergency services outside the aerodrome;

d) Airport perimeter fences; internal airport roads outside the aerodrome; power supply works, water supply and drainage works; lighting works; communication works;

dd) Technical infrastructure serving environmental protection outside the aerodrome;

e) Passenger terminals, guesthouses serving diplomatic purposes, aviation logistics areas, cargo terminals, cargo warehouses combined with cargo assembly areas;

g) Works for provision of ground-based commercial services; aircraft repair and maintenance services; aviation equipment repair and maintenance services; technical aviation services; air catering services; aviation fuel services.

4. “infrastructure of an aerodrome” includes:

a) Runway, taxiway, aprons, auxiliary works and areas of the aerodrome;

b) Airport emergency works and fire safety works in the aerodrome;

c) Aerodrome perimeter fences, guard booths and internal airport roads inside the aerodrome;

d) Technical infrastructure serving environmental protection inside the aerodrome;

dd) Assembly areas for ground vehicles and equipment, areas for fueling ground vehicles and equipment;

e) Other works of the air operations area.

5. “air operations area” means an aerodrome's area intended for the landing, take-off and taxiing of aircrafts and includes the landing area and aprons.

6. “works” include a collection of main and auxiliary work items. Main work items refer to those that have scale and functions affecting investment objectives of a project.

7. “work operator” means an organization or individual directly managing and operating a work in an airport or aerodrome.

8. “internal airport roads” mean pathways within the boundary of an airport, which include airport internal roads inside an aerodrome and airport internal roads an aerodrome but do not include the roads managed by local authorities.

9. “essential works of an airport” mean a system of works of the airport’s infrastructure, ensuring that the airport or aerodrome may be put into operation and maintain its operation and compliance with regulations on operation security and safety and assurance of service quality as prescribed by law, including:

a) Infrastructure of the aerodrome;

b) Works serving provision of aviation security assurance and emergency services outside the aerodrome; airport perimeter fences;

c) Shared technical infrastructure of the airport/aerodrome, including: internal airport roads outside the aerodrome; power supply works; water supply and drainage works; lighting works; communications works; environmental protection works;

d) Passenger terminals, guesthouses serving diplomatic purposes, cargo terminals, cargo warehouses combined with cargo assembly areas;

e) Works and technical infrastructure serving air navigation.

10. “contract” means a contract signed between an airport enterprise and an aviation service provider at an airport or aerodrome to ensure security, safety, service quality, environmental quality and conformity with the specific circumstance of operation of the airport or aerodrome according to the airport or aerodrome operation literature; contains rights and responsibilities of each party, price of franchise for the right to operate services and effective period of the contract.

Article 4. Principles of management and operation of airports and aerodromes

1. Ensure national defense and security; ensure aviation security and safety. Ensure close and effective cooperation between regulatory bodies of the airport/aerodrome; between civil and military aviation agencies/units and related to civil-military aerodromes.

2. Every airport/aerodrome operator directly operates the aerodrome, except for the works operated by air navigation enterprises; take responsibility for operation, security and safety of the aerodrome and is issued with the certificate of airport/aerodrome operation.

3. Ensure the uniform, synchronous, continuous and effective operation chain of the airport/aerodrome. Ensure service quality, healthy competition, civilization and courteousness; facilitate civil aviation at the airport/aerodrome.

4. Ensure comprehensive development of the system of airports/aerodromes, conformity with strategies and planning for transport development, planning for development of airports/aerodromes, local and regional socio-economic development planning, international tendency of civil aviation development, and satisfaction of demand for air transport in Vietnam.

5. If necessary for requisitioning partial or total infrastructure of the airport/aerodrome, the State shall comply with regulations of law on purchase and requisitioning of property.

6. Airports, aerodromes, and works of the airport/aerodrome infrastructure shall be designed and operated according to the standards of International Civil Aviation Organization (ICAO), technical standards, applicable standards and relevant regulations of law.

7. Works of the airport/aerodrome infrastructure must be inspected on a periodic and ad hoc basis and maintained in accordance with applicable design and operation standards and promulgated documents on operation of such works.

8. The management of aviation infrastructure assets invested in and managed by the State and aviation infrastructure assets on land and water surface which have yet to be included in state capital in enterprises shall comply with regulations of law on management of public property.

9. The management, use and operation of aviation infrastructure related to national defense and national security shall comply with regulations of this Decree and law on protection of important works related to national defense and national security.

10. Ensure that the environmental protection complies with regulations of law on environmental protection.

Article 5. Rights and obligations of airport enterprises

Every airport enterprise has the responsibility and obligation to:

1. Manage and organize operation of the airport/aerodrome’s infrastructure and equipment under its ownership or assigned or leased out by the State or receive the right to operate for a certain period of time in accordance with regulations of law, including the following methods:

a) Directly manage and operate infrastructure and equipment at the airport/aerodrome, ensuring security, safety and environmental safety as prescribed by law;

b) Assign or hire an organization to directly operate the airport/aerodrome; in this case, the aviation enterprise shall still take legal responsibility for management and operation of the airport/aerodrome.

2. Prepare a plan to develop, renovate and expand the airport/aerodrome according to the airport planning approved by the competent authority and suitable for development demand and operation of the airport/aerodrome; organize the investment and construction according to the plan approved by the Ministry of Transport.

3. Sign contracts as prescribed with enterprises issued with the license to provide aviation services by the CAAV at the airport/aerodrome.

4. Construct, service or maintain security perimeter system and joint use technical infrastructure including internal airport roads outside the aerodrome, power supply works, water supply works, water drainage works, environmental protection works, communication work and other essential works of the airport, except for the works managed and operated by the air navigation enterprise.

5. Invest in and equip tools, technologies and software that support and serve the aerodrome control and management according to its capacity and aircraft takeoff and landing time slots, use aprons, cooperate in reaching an agreement to issue decisions at the airport/aerodrome upon request and according to the plan of the competent authority.

6. Cooperate with agencies of the Ministry of Public Security and the Ministry of National Defense in ensuring national defense and security at the airport/aerodrome upon request and according to the plan of the competent authority.

7. Exercise other rights and obligations as prescribed in Article 64 of the Law on Vietnam Civil Aviation.

Article 6. Rights and obligations of airport/aerodrome operators

Every airport/aerodrome operator has the responsibility and obligation to:

1. Ensure a sufficient quantity of key personnel for operating and maintaining the satisfaction of operation condition and safe operation of the airport/aerodrome, including at least:

a) A director or head in charge of aerodrome operation;

b) Persons in charge of the following fields: assessment and reporting of current status of runways; maintenance of aerodrome infrastructure, control of aerodrome quality; management of construction at the aerodrome; management of foreign objects; apron safety, safe operation of runways; safe management of aviation equipment and vehicles operating at the aerodrome.

The Minister of Transport shall elaborate on conditions to be satisfied by and key personnel of the airport/aerodrome operator as prescribed in Clause 1 of this Article.

2. Directly operates the aerodrome, except for the works operated by air navigation enterprises; take total responsibility for operation, security and safety of the aerodrome; ensure environmental safety and service quality in accordance with applicable standards; maintain the satisfaction of the conditions for issuance of the certificate of airport/aerodrome operation.

3. Preside over coordinating provision of services within the areas which are assigned to manage and operate at the airport/aerodrome. To be specific:

a) Preside over cooperating with air navigation service providers in preparing a plan to operate aircraft on runways, taxiways and aprons;

b) Request service providers at the airport/aerodrome to take measures to maintain synchronous and smooth operation of air transport lines;

c) Promptly reach an agreement on resolving difficulties facing service providers at the airport/aerodrome within its jurisdiction to ensure aviation security and safety, passenger service quality and fire safety, control floods and storms, prevent and control diseases and protect the environment; organize aerodrome emergency drills and implementation of aerodrome emergency plans as prescribed;

d) Cooperate with relevant units affiliated to the Ministry of Public Security to take measures to maintain security, order, state secret protection and fire safety as prescribed.

4. Synchronously manage and operate infrastructure and equipment of the airport/aerodrome within the areas which are assigned to manage and operate and aviation infrastructure assets assigned or leased out by the State or receive the right to operate for a certain period of time aviation infrastructure assets in accordance with regulations of law, maintain its compliance with regulations of law and aerodrome operation literature; cooperate in ensuring national defense and security; prepare a disease prevention and control plan and organize the implementation thereof when any disease occurs at the request of the aviation authority.

5. Formulate and request the competent authority to approve, promulgate and organize the implementation of aerodrome operation literature and other documents as prescribed by law.

6. Manage the statistical system regarding quantity of flights, passengers, and cargo at the airport/aerodrome.

7. Maintain aerodrome infrastructure and works assigned or leased to manage and operate and equipment, maintain the satisfaction of operation condition at the airport/aerodrome according to the certificate of airport/aerodrome operation.

8. Preside over cooperating with relevant authorities and units at the airport/aerodrome in implementing the model for cooperation in issuing operation decisions at the airport/aerodrome in accordance with regulations and guidelines of the Ministry of Transport.

9. Preside over and cooperate with air navigation service providers and army units in the airport/aerodrome in negotiating a written agreement on operation at the airport/aerodrome.

10. Preside over building database and system of technologies supporting inspection and supervision of persons and vehicles after being licensed and operating in restricted areas of the airport.

11. Cooperate in disseminating the law on assurance of aviation security and safety and environmental protection of the airport/aerodrome; cooperate in determining boundary, planting and protection of boundary markers of the airport/aerodrome and boundary markers of the airport/aerodrome planning.

12. Share data including database and system of technologies supporting inspection and supervision of persons and vehicles; data on the passenger information system and relevant information system to serve the assurance of operation security and safety at the airport with the airport authorities to serve the inspection and supervision at the airport/aerodrome.

13. Ensure the accuracy and provide aviation information and data, and aeronautical information relating to the airport/aerodrome to regulatory bodies and air navigation service providers upon request.

14. Make an aviation noise map and send it to the CAAV, airports authority  and provincial People’s Committee; cooperate with local governments in reducing noise generated from operation of the airport/aerodrome affecting the residential community surrounding the airport/aerodrome.

15. Take responsibility to the law and airport enterprises for operation of the airport/aerodrome as prescribed.

Article 7. Rights and obligations of operators of works of the airport/aerodrome infrastructure

Every operator of works of the airport/aerodrome infrastructure has the right and obligation to:

1. Maintain works and maintain the satisfaction of operation conditions of works; ensure quality of services under its management; facilitate the coordination by the airport/aerodrome operation in assurance of operation quality, operation security and safety, environmental safety, emergency and rescue as prescribed by law.

2. Manage and operate works under its management, maintain its compliance with regulations of law and relevant operation literature; comply with regulations on aviation safety and security, service quality and environmental protection; cooperate in ensuring national defense and security or prevent and control diseases at the airport/aerodrome.

3. Arrange workplaces for regulatory bodies at passenger terminals, cargo terminals and relevant works at the request of the airports authority , suitable for procedures and lines in support of passenger and cargo services and in service of state management by regulatory bodies. Cooperate with relevant units affiliated to the Ministry of Public Security to take measures to maintain security, order, state secret protection and fire safety as prescribed.

4. Build fences within the boundary of allocated and leased land to maintain operation security and safety and protection of boundary of airport/aerodrome land.

5. Cooperate in disseminating law on aviation security and safety assurance and environmental protection at the airport/aerodrome.

Article 8. Responsibilities of the CAAV

The CAAV has the responsibility to:

1. Perform tasks and exercise powers of aviation authorities for activities carried out at airports/aerodromes as prescribed.

2. Launch and supervise the implementation of airports/aerodromes planning approved by competent authorities. Announce aerodrome classification and specifications of airports/aerodromes.

3. Assign airports/aerodromes to act as alternate aerodromes; provide guidance on preparation of aerodrome operation literature and literature on operation of works at airports/aerodromes.

4. Cooperate with agencies affiliated to the Ministry of National Defense in providing guidance on assurance of specialized aerodrome security and safety; implement regulations on cooperation in inspection and supervision of activities of specialized aerodromes upon commercial operation.

5. Cooperate with agencies affiliated to the Ministry of Public Security in ensuring security, inspecting and supervising security assurance as prescribed.

6. Preside over and coordinate activities of regulatory bodies at airports/aerodromes. Announce the capacity of airports/aerodromes; coordinate take-off and landing time slots at airports/aerodromes.

7. Direct the establishment, protection and maintenance of the information systems serving operation of airports/aerodromes; connection of data network, cooperation between regulatory bodies at airports/aerodromes. Manage statistical data on quantity of flights, passengers, and cargo at airports/aerodromes.

8. Direct and instruct airport authorities to perform state management at airports/aerodromes.

9. Build, store and update a system of technical documents serving the issuance of certificates of airport/aerodrome operation and operation of airports/aerodromes, including standards and technical regulations of Vietnam, procedures and internal standards on civil aviation on accordance with regulations of law and ICAO’s requirements and standards related to design, operation and maintenance of aerodrome infrastructure.

10. Provide guidance on and issue professional instructions related to management and operation of airports/aerodromes in line with regulations of law and regulations of ICAO, including:

a) Documents providing guidelines for airport/aerodrome design;

b) Documents providing guidelines for operation and assurance of security and safety at airports/aerodromes;

c) Outline of the aerodrome operation literature;

d) Outline of the work operation literature.

11. Deploy airport/aerodrome operation safety supervisors according to the standards prescribed by the Minister of Transport.

12. Direct the organization, and inspection and assessment of maintenance of operation condition at airports/aerodromes at least every 02 years for the airports nationwide.

13. Perform other tasks as assigned by the Minister of Transport.

Article 9. Responsibilities of airport authorities

Every airports authority has the responsibility to:

1. Perform tasks and exercise powers in accordance with regulations of law on civil aviation and other relevant legislative documents.

2. Preside over and cooperate with local governments in determining boundaries, organize the planting and protection of boundary markers of the airport/aerodrome based on the boundaries of land transferred by the provincial People's Committee;  cooperate with local governments in managing boundary markers of the airport/aerodrome planning approved by the competent authority.

3. Preside over and cooperate with relevant authorities and units and local governments in disseminating law on security and safety assurance at the airport/aerodrome.

4. Inspect and directly supervise the provision of aviation and non-aviation services at the airport/aerodrome.

5. Build, store and update a system of technical documents serving the issuance of certificates of airport/aerodrome operation and operation of the airport/aerodrome, including standards and technical regulations of Vietnam, ICAO’s regulations, international standards accredited or applied by the CAAV related to design, operation and maintenance of aerodrome infrastructure.

6. Build and maintain perimeter fences of the airport/aerodrome to which the provincial People’s Committee allocates land, except for fences located within boundary of allocated or leased land for the organizations and individuals using land at the airport/aerodrome.

7. Direct the arrangement of workplaces for regulatory bodies regularly working at the airport/aerodrome.

8. Receive customers' comments and feedback on services provided at the airport/aerodrome and preside over handling comments and feedback on services within its power or transfer such comments and feedback to competent authorities or cooperate with competent authorities in handling them; request service providers to handle customers' comments and feedback.

9. Inspect and supervise the implementation of measures to ensure security and safety during construction of works at the airport/aerodrome and compliance with regulations on environmental protection at the airport/aerodrome in accordance with regulations of law on civil aviation.

10. Cooperate in taking actions against violations of construction order, land encroachment and use of land without permission at the airport/aerodrome within its power.

11. Cooperate with competent authorities in enforcing penalties for administrative violations against regulations on civil aviation as prescribed.

12. Cooperate with the People’s Committee of the district where the airport/aerodrome is located in maintaining security and order, aviation terrorism prevention and emergency task performance directly through the local steering committee for terrorism prevention.

13. Cooperate with agencies affiliated to the Ministry of Public Security in ensuring security, inspecting and supervising security assurance as prescribed.

Article 10. Responsibilities of People’s Committees of administrative divisions where airports and aerodromes are located

1. Cooperate in implementing planning, determining boundaries and boundary markers related to national security according to regulations and protecting boundary markers of airports/aerodromes; determine boundaries of the vicinity of airports/aerodromes; approve the planning and license advertisement works in accordance with regulations of law on advertising.

2. Ensure aviation security and safety and environmental safety in the vicinity of airports/aerodromes; take actions against violations of regulations on aviation security and safety in the vicinity of airports/aerodromes. Preside over and cooperate with competent authorities in enforcing penalties for administrative violations against regulations on civil aviation as prescribed.

3. Cooperate in airport emergency tasks, response to unlawful interference with civil aviation operation and assurance of aviation security and safety, and security and order at airports/aerodromes and in the vicinity of airports/aerodromes as prescribed by law.

4. Manage the construction of works and planting of green trees in the vicinity of airports/aerodromes to make sure that works and green trees do not violate obstacle limitation surface of airports/aerodromes, equipment for providing air navigation services; cooperate with airport/aerodrome operators in implementing appropriate measures to reduce noise generated from operation of airports/aerodromes affecting the residential community surrounding the airports.

5. Manage laser lighting and high power lights near airports and aerodromes, ensuring that flight safety is not compromised.

6. Control and manage the use of ultra-light aircraft, unmanned aerial vehicles and automatic control aircraft around airports/aerodromes, ensuring that air navigation is not affected as prescribed by law.

7. Organize the dissemination of law on aviation security and safety assurance; prohibited acts that threaten aviation activities (burning straw, flying kites, flashing laser lights or high power lights, etc.) to the people in the areas adjacent to airports/aerodromes.

Chapter II

AIRPORT/AERODROME PLANNING

Article 11. General regulations on airport/aerodrome planning

1. Airport/aerodrome planning includes:

a) Comprehensive planning for development of the national airport/aerodrome system;

b) Airport/aerodrome planning formulated for each specific airport/aerodrome.

2. Requirements applied to the planning mentioned in Clause 1 of this Article:

a) The comprehensive planning for development of the national airport/aerodrome system shall be formulated, appraised, decided, approved, announced, implemented, assessed and adjusted in accordance with regulations of law on planning;

b) The planning must conform to field and sector development strategy and planning or national, regional and local socio-economic development plans;

c) The planning must meet requirements for assurance of national defense and security;

d) The planning must meet the demand for development of Vietnam’s aviation industry and suitable for development tendency of international civil aviation;

dd) The planning shall meet requirements in terms of geography, population, local and regional development; policies on use of agricultural land; environmental protection;

e) Safe and effective operation of the airport/aerodrome shall be ensured.

3. Authority organizing formulation of planning and authority formulating planning:

a) The authority organizing formulation of planning is the Ministry of Transport;

b) The authority formulating planning (hereinafter referred to as “the planning authority”) is the authority assigned the task of formulating planning by the authority organizing formulation of planning.

4. Economic - technical norms for formulating and announcing airport/aerodrome planning shall comply with applicable regulations.

Section 1. COMPREHENSIVE PLANNING FOR DEVELOPMENT OF THE NATIONAL AIRPORT/AERODROME SYSTEM

Article 12. Determining tasks and adjustment of comprehensive planning for development of the national airport/aerodrome system

1. Contents of tasks and adjustment of the comprehensive planning for development of the national airport/aerodrome system shall comply with Article 15 of the Law on Planning and legislative documents elaborating the Law on Planning, and include several aviation contents related to requirements concerning contents and methods for formulation of the planning as follows:

a) Grounds and fundamentals of the scope, objectives, development orientation and planning deadline;

b) General forecast of the demand for air transport and for the development of relevant industries and the entire country’s economic and social conditions;

c) Requirements for data collection, analysis, situation evaluation, orientation for the development of civil air transport;

d) Determination of nature and roles of each airport and aerodrome; orientation for capacity of the airport and aerodrome, aerodrome classification, type of aircraft expected to be operated, method for approach to landing.

2. The planning authority shall determine planning tasks and submit them to the authority organizing formulation of planning. The appraisal and approval of planning tasks shall comply with regulations of law on planning.

Article 13. Contents of comprehensive planning for development of the airport/aerodrome system

1. Contents of the comprehensive planning for development of the national airport/aerodrome system shall comply with Clause 3 Article 25 of the Law on Planning and legislative documents elaborating the Law on Planning, and include several aviation contents as follows:

a) Analyzing and assessing factors, natural conditions, resources, context and current distribution and use of space of the national airport/aerodrome system. To be specific, the following contents shall be clarified: current condition of the national airport/aerodrome system; advantages and drawbacks of the airport/aerodrome system and each current airport/aerodrome; ability to satisfy the demand for development of civil aviation;

b) Forecasting development trends and development scenarios that directly affect the national airport/aerodrome system during the planning period. To be specific, the following contents shall be clarified: forecasted worldwide civil aviation development trends and scenarios for the; forecasted Vietnam civil aviation development trends and scenarios on the basis of forecasted worldwide civil aviation development trends and objectives for national and regional socio-economic development; forecasted demand for civil aviation transport;

c) Assessing inter-sectoral and inter-regional connection; determining requirements socio-economic development requirements applied to each sector; national airport/aerodrome system development opportunities and challenges. To be specific, the following contents shall be clarified: assessment of the connection between the national airport/aerodrome system and road, rail and waterway traffic systems, and the national defense, security, national socio-economic development, regional and local economic development; determining requirements for development of the national airport/aerodrome system regarding scale, technology and area of distribution; development opportunities and challenges related to technology, techniques and operation;

d) Determining viewpoints and objectives for development of the national airport/aerodrome system. To be specific, the following contents shall be clarified: general and specific objectives for development of the national airport/aerodrome system;

dd) Plans for development of the national airport/aerodrome system nationwide and within territories, in which the following contents are clarified: nature and roles of the airport/aerodrome, flight routes, capacity of the airport/aerodrome, aerodrome classification, type of aircraft expected to be operated, quantity of runways, method for approach to landing; issues to be addressed concerning environmental protection, climate change adaptation and conservation of ecology, landscapes and national sites/monuments;

e) Orientations for distribution and use of land for development of the national airport/aerodrome system, environmental protection, climate change adaptation and conservation of ecology, landscapes and national sites/monuments; including expected total area of land used by each airport across the nation, in regions and provinces;

g) List of projects of national importance and prioritized projects of the national airport/aerodrome system and order of priority given to executing such projects, in which the following contents are clarified: proposed list of airports given construction priority, order of priority;

h) Solutions and resources for implementing the planning. To be specific, the following contents shall be clarified: estimated investment, proposed specific solutions for each group of airports or each airport, and specific resources;

i) Other contents requested by the authority organizing formulation of the planning.

2. The authority formulating planning shall formulate planning and submit it to the authority organizing formulation of planning. The formulation, appraisal and approval of the planning shall comply with regulations of law on planning.

Section 2. AIRPORT/AERODROME PLANNING

Article 14. Responsibilities of authorities organizing formulation of airport/aerodrome planning

Every authority organizing formulation of airport/aerodrome planning has the responsibility to:

1. Decide on an authority formulating the airport/aerodrome planning.

2. Appraise and approve tasks in formulation of the airport/aerodrome planning.

3. Seek comments of relevant organizations and individuals.

4. Approve the airport/aerodrome planning within its power.

Article 15. Responsibilities of authorities formulating airport/aerodrome planning

Every authority formulating airport/aerodrome planning has the responsibility to:

1. Preside over and cooperate with relevant authorities determining and submitting tasks in formulation of the airport/aerodrome planning; submit an applications for planning appraisal to relevant organizations to organize appraisal.

2. Select a planning consultancy as prescribed.

3. Organize formulation of the airport/aerodrome planning according to the approved planning tasks.

4. Sufficiently provide required documents to the appraisal council and relevant authorities upon contributing comments, appraising and approving the airport/aerodrome planning.

Article 16. Responsibilities of consultancies providing advice on formulation of the airport/aerodrome planning

Every consultancy providing advice on formulation of the airport/aerodrome planning has the responsibility to:

1. Take responsibility for contents under the contract with the planning authority, including the quantity, time limit for production, accuracy and quality of planning products.

2. Cooperate with relevant authorities and individuals in the process of formulating the airport/aerodrome planning.

Article 17. Qualification requirements to be satisfied by a consultancy providing advice on formulation of the airport/aerodrome planning

1. A planning consultancy shall have consultants that satisfy the requirements specified in Clauses 2 and 3 of this Article.

2. The consultant who is the head of an airport/aerodrome planning project must have experience of working as a head of a project on the planning at least at the same level, has presided over implementation of at least 02 plannings at a lower level or has directly participated in formulating at least 03 plannings in the aviation field.

3. The consultant must obtain at least a bachelor’s degree and have 03 years’ experience.

Article 18. Time limit for formulating the airport/aerodrome planning

1. The time limit for determining airport/aerodrome planning tasks shall not exceed 03 months.

2. The time limit for formulating airport/aerodrome planning shall be based on the approved planning tasks.

3. The time limits specified in Clauses 1 and 2 of this Article shall not cover the periods of time over which the planning tasks are appraised and approved, and the planning is appraised and approved.

Article 19. Determination of tasks in formulation of the airport/aerodrome planning

1. Grounds for determining planning tasks:

a) National sector planning, regional planning and provincial planning concerned, ensuring conformity with planning at a higher level and with general planning for an urban area in the event the location where the airport/aerodrome is constructed is within the administrative boundary of an urban area;

b) Relevant legislative documents;

c) A report on review and assessment of implementation of the planning in the previous period.

2. Contents of tasks in formulation of the airport/aerodrome planning:

a) Grounds, viewpoints, objectives and rules for formulating the planning; scope and period of the planning;

b) Requirements concerning planning methods and contents such as determining nature and roles of the airport/aerodrome; preliminary forecast of nature and roles of the airport/aerodrome and of basic norms on land and technical infrastructure; determining requirements concerning surveying and evaluation of current conditions, natural and topographic conditions, scope and workload of surveying of the area planned; determining requirements applied to each dedicated zone, main work items and technical infrastructure system;

c) Determining requirements for environmental protection and other requirements in conformity with objectives for airport/aerodrome development;

d) Requirements concerning planning products (composition, quantity, standards and format of a planning dossier);

dd) Time limit for planning formulation and planning formulation plans, and responsibilities of authorities for organizing formulation of planning;

e) Cost estimate and sources of capital for formulating planning;

g) Other contents requested by the authority organizing formulation of the planning.

Article 20. Organizing appraisal of tasks in formulation of the airport/aerodrome planning

1. The authority organizing formulation of the airport/aerodrome planning shall organize appraisal of planning tasks by establishing an Appraisal Council or assigning a competent unit to carry out appraisal.

2. An application for appraisal of planning tasks includes:

a) An application form;

b) A description of planning tasks;

c) Other documents (if any).

3. The following issues need appraising:

a) The conformity with legal bases;

b) Conformity, scientism and reliability of planning contents and planning formulation method;

c) Conformity of contents of planning tasks with the estimate of costs and sources of capital for planning formulation;

d) Feasibility of the planning formulation plan.

4. The time limit for appraising planning tasks shall not exceed 45 days from date on which the Appraisal Council or competent unit receives a sufficient application.

5. Report on appraisal of tasks in formulation of the airport/aerodrome planning:

a) A planning task appraisal report shall specify the issues mentioned in Clause 3 of this Article;

b) Within 10 days from the end of the appraisal, the Appraisal Council or unit licensed to carry out appraisal shall submit a planning task appraisal report to the planning authority;

c) Within 15 days from the receipt of the report, the planning authority shall consider and respond to appraisal opinions to modify and complete the application for appraisal of planning tasks.

Article 21. Approval of tasks in formulation of the airport/aerodrome planning

1. An application for approval of planning tasks includes:

a) An application form;

b) A draft Decision on approval of planning tasks;

c) A planning task appraisal report;

d) A report on response to Appraisal Council’s opinions (if any) about contents of planning tasks;

dd) A description of the modified and completed planning tasks;

e) Other documents (if any).

2. The Decision on approval of planning tasks shall contain at least:

a) Name, period, scope and subjects of the planning;

b) Viewpoints, objectives and rules for formulating the planning;

c) Requirements concerning planning contents and planning formulation method;

d) Time limit for formulating planning;

dd) Quantity, standards and format of the planning dossier;

e) Costs of formulating the planning;

g) Responsibility for resolving issues that arise from the formulation of planning;

h) Other contents requested by the authority approving the planning tasks.

Article 22. Contents of the airport/aerodrome planning

1. Contents of the airport/aerodrome planning consist of:

a) Analyzing and assessing natural conditions, construction land, population, technical infrastructure, topography; assessing projects and planning that has been being executed in the area;

b) Determining nature, roles and scale of the airport, quotas for use of land and technical infrastructure allocated to the entire area under planning;

c) General land use planning: determining location and boundaries of dedicated zones in the area under planning;

d) Planning for shared technical infrastructure system: the technical infrastructure system covering internal airport roads of the airport/aerodrome, including determining the network of internal airport roads outside the aerodrome, cross section of roads; determining demand for water and water supplies; locations and scale of plants and pump stations; network of water pipes and detailed specifications; determining demands for use of energy and energy supplies; location and scale of electrical distribution substations and gas stations; transmission lines and lighting system; determining demand for use of water and water drainage network; determining demand for and network of communications infrastructure;

dd) Locations and scale of work items in the air operations area; orienting runways;

e) Locations of work items serving air navigation;

g) Locations and scale of works for provision of aviation services in each dedicated zone including passenger terminals; cargo terminals, cargo warehouses, cargo assembly areas; air fuel suppliers; ground-based commercial service providers; air catering service providers; facilities for assembly, repair and maintenance of aviation vehicles and equipment; fuel stations for aviation vehicles and equipment; aviation equipment and vehicle inspection stations; works serving aviation security assurance; wastewater treatment system, areas for storage of solid waste and hazardous waste, communications works; locations and scale of works and technical infrastructure serving environmental protection, other landscapes (if any);

h) Locations and scale of works for provision of non-aviation services and other works including areas where head offices of agencies and units operating in the airport/aerodrome are built; isolation area in the case of an international airport;

i) Locations and scale of works serving aviation security assurance; emergency and rescue system;

k) Planning for airspace, flight routes and flight procedures serving aerodrome operation;

l) Aviation obstacle limitation surfaces and noise map according to the planning;

m) Wastewater treatment system, areas for storage of solid waste and hazardous waste in accordance with regulations of law on environmental protection;

n) Map showing planting of boundary markers according to the airport/aerodrome planning;

o) Overall cost estimate and construction stages.

2. The scale of planning maps shall be appropriately selected to sufficiently show the scale and boundary of the area reserved for the airport/aerodrome planning. To be specific:

a) The map showing the location for the airport/aerodrome planning in the national airport/aerodrome system is drawn to a scale of 1/1.000.000 or over;

b) The map showing aviation obstacle limitation surfaces or the noise map under the planning is drawn to a scale of 1/50.000 or over;

c) The remaining planning maps are drawn to a scale of 1/2.000 or over.

Article 23. Seeking opinions about the airport/aerodrome planning

1. The enquired entities include ministries and People’s Committees of provinces concerned. The authority organizing formulation of the planning shall, according to the nature of the planning, shall decide to seek opinions of organizations and individuals or post the draft planning on its website and website of the planning authority to complete the draft.

2. Opinions of ministries, People’s Committees of provinces and organizations related to the planning shall be sought as follows:

a) The authority organizing formulation of the planning shall send an enquiry, including a planning report or a map that shows contents of the planning;

b) The enquired authorities shall give a written response within 15 days from the receipt of the enquiry;

c) The planning authority shall consolidate and respond to opinions, and notify the authority organizing formulation of the planning for consideration before submitting the planning for appraisal.

Article 24. The power to appraise the airport/aerodrome planning

The authority organizing formulation of the planning shall establish an Appraisal Council to carry out appraisal.

Article 25. Airport/aerodrome planning appraisal council

1. The Planning Appraisal Council includes a Chair and members. The Chair is a head of the Ministry of Transport. The members are representatives of relevant ministries and local authorities within the scope of the planning, representatives of the planning authority and some affiliates of the Ministry of Transport, and planning experts (if necessary), including 02 members who act as reviewers. Structure and composition of the Planning Appraisal Council and organizations and individuals participating in review shall be decided by the authority organizing formulation of the planning or the Chair. The Planning Appraisal Council shall operate on a collective basis.

2. The Chair has the following responsibilities and rights:

a) Take responsibility for operation of the Appraisal Council. Organize and preside over meetings of Appraisal Council;

b) Assign tasks to members of the Appraisal Council;

c) Approve reports on results of planning appraisal;

d) Decide to select inspection consultancies and reviewers.

3. The members have the following responsibilities and rights:

a) Attend all Appraisal Council’s meetings;

b) Consider applications for appraisal of planning, contribute their opinions at Appraisal Council’s meetings about specialized field and common issues;

c) Be entitled to have their opinions recorded.

4. Organizations and individuals participating in review have the following responsibilities and rights:

a) Attend all Appraisal Council’s meetings;

b) Consider applications for appraisal of planning and send their written opinions to the Council for consolidation;

c) Be entitled to remuneration according to regulations.

Article 26. Applications for appraisal of the airport/aerodrome planning

1. An application for appraisal of the airport/aerodrome planning comprises the following main documents:

a) An application form;

b) A planning report;

c) A draft decision on approval of the planning;

d) A consolidated report on organizations and individuals’ opinions about the planning; copies of written opinions of authorities concerned; a report on responses to opinions about the planning;

dd) A strategic environmental assessment report;

e) Planning map, diagram and database.

2. The Appraisal Council shall carry out appraisal only when a sufficient application specified in Clause 1 of this Article is received. Where necessary, the Appraisal Council is entitled to request the planning authority to provide additional information and provide explanation for relevant contents.

Article 27. Seeking opinions during appraisal of the airport/aerodrome planning

1. Within 10 working days from the receipt of the application for appraisal of planning, if the application is satisfactory, the Appraisal Council shall send enquiries to its members.

2. Within 15 working days from the receipt of the application for appraisal of planning, the members shall send their written opinions to the Appraisal Council’s standing body for consolidation.

3. Where necessary, the Appraisal Council shall seek opinions of experts, socio-professional organizations and other organizations concerned; decide to select an independent inspection consultancy to review one or some contents of the planning.

Within 30 working days from the receipt of the application for review of planning, the reviewers shall send their written opinions to the Appraisal Council’s standing body for consolidation.

Article 28. Airport/aerodrome planning appraisal meetings

1. Within 15 working days from the receipt of opinions contributed by members of the Appraisal Council, the Appraisal Council shall consolidate and send such opinions to the Chair for organization of a meeting.

2. An appraisal meeting shall be held if it is attended by:

a) at least two thirds (2/3) of Appraisal Council’s members;

b) representatives of the authority organizing formulation of the planning, planning authority and planning consultancy.

3. The Appraisal Council shall operate on a collective basis, discuss openly, make decisions according to majority rule to accept the planning and approve minutes of planning appraisal meetings.

4. The planning dossier approved by at least three quarters (3/4) of the members attending the meeting is eligible to be submitted for decision or approval.

Article 29. Instructions following an airport/aerodrome planning appraisal meeting

1. If the planning is eligible to be submitted for decision or approval and no revision is required, within 15 working days from the end of the planning appraisal meeting, the Chair of the Appraisal Council shall approve the report on results of planning appraisal and send it to the planning authority for completing the application for approval of the planning.

2. If the planning is eligible to be submitted for approval but revisions are required:

a) Within 10 working days from the end of the planning appraisal meeting, the Appraisal Council shall send the conclusion to the planning authority;

b) Within 20 working days, the planning authority shall revise the planning according to the conclusion and send the revised planning enclosed with a written explanation for responses to the Appraisal Council’s opinions to the Appraisal Council;

c) The Appraisal Council shall receive the revised planning project dossier, review the revisions and send the dossier to members of the Council (if necessary) for seeking opinions;

d) If the planning is eligible to be submitted for approval, the Appraisal Council shall prepare a planning appraisal report and submit it to the Chair for approval, and to the planning authority for completing the application for approval of the planning;

dd) If the planning fails to be revised as requested by the Appraisal Council, the Appraisal Council shall issue a document providing guidance on the revision to the planning authority within 10 working days from receipt of the revised planning dossier.

3. If the planning is ineligible to be submitted for approval, within 10 working days from the end of the planning appraisal meeting, the Appraisal Council shall send its conclusion to the planning authority.

Article 30. Submission and approval of the airport/aerodrome planning

1. An application for approval of the planning includes:

a) An application form;

b) Consolidated and brief reports on the completed planning;

c) A report on results of planning appraisal; strategic environmental assessment report;

d) A draft decision on approval of the planning;;

dd) Other documents (if any).

2. The planning shall be approved by issuing an approval decision.

3. The issues that need approving are those specified in Article 22 of this Decree.

Article 31. Announcement of the airport/aerodrome planning

1. Time for announcing the planning is prescribed in the law on planning, except for contents related to state secrets in accordance with the protection of state secrets.

2. The Ministry of Transport and planning authority shall announce the planning within their competence.

3. The planning shall be announced via mass media using one of the following methods:

a) Organizing a press conference to announce planning contents and written approval for the planning;

b) Announcing the approved planning and list of prioritized projects executed during the planning period on the national or provincial radio/television; posting brief contents of the planning on one or more of newspapers of a central government authority or local authority;

c) Publicly presenting planning diagram, map and written approval for the planning at the authority organizing formulation of planning or planning authority;

d) Organizing a conference to disseminate contents of the approved planning;

dd) Releasing publications (books, videos, etc.) about the planning contents;

e) Posting the planning on website of the authority organizing formulation of planning or planning authority.

Article 32. Archiving of airport/aerodrome planning dossiers

1. A planning dossier to be archived includes:

a) Approved planning dossier;

b) Document or decision on approval of the planning;

c) Written opinions of relevant authorities and units.

2. The archiving of planning dossiers shall comply with regulations of law on archives.

Article 33. Management of boundaries and boundary markers of airports/aerodromes

1. Boundaries and boundary markers of an airport/aerodrome include:

a) Planning boundaries and boundary markers of the airport/aerodrome;

b) Current boundaries and boundary markers of the airport/aerodrome.

2. Planning boundaries and boundary markers of the airport/aerodrome defined in the airport/aerodrome planning document shall be approved by a competent authority. The planning authority shall cooperate with People’s Committees of administrative divisions where the airport/aerodrome is located in determining planning boundaries and boundary markers on the map and afield.

3. The airports authority shall cooperate with People’s Committees of administrative divisions where the airport/aerodrome is located in determining current boundaries and boundary markers on the map and afield.

4. District-level People’s Committees shall cooperate with airport authorities in announcing and protecting planning boundaries and boundary markers of the airport/aerodrome.

5. Organizations to which and individuals to whom land is allocated or leased out shall manage and protect the allocated or leased boundaries and boundary markers as prescribed.

6. The costs of determining, marking, planting and managing boundaries and boundary markers of the airport/aerodrome shall be covered by the state budget and other legal sources of capital.

Article 34. Organizing formulation of the airport/aerodrome planning

The implementation of the planning shall be organized within the jurisdiction specified in the competent authority’s decision on approval for the planning.

Article 35. Assessment and review of implementation of the airport/aerodrome planning

1. The implementation of the planning shall be assessed in planning period, upon adjustment of the planning or at the request of the authority organizing formulation of the planning.

2. Issues that need assessing include:

a) Fulfillment of objectives of the planning;

b) Effects related to socio - economic development, national defense and security within the area where the planning is implemented;

c) Execution of prioritized projects during the planning period, in terms of: list of, plan for and progress in funding investment projects (funded by different sources) that have been executed; list of projects that have been put into operation and economic, social and environmental effectiveness they achieve; list of prioritized projects during the planning period, which have not yet been executed, reasons for failure to execute and difficulties that arise;

d) Policies and solutions for organizing implementation of the planning.

3. The planning shall be reviewed every 05 years or in special cases decided by the authority approving the planning so that it can be adjusted in a manner that is appropriate to the socio - economic development in each period. The planning authority shall organize review of the planning; results of planning review shall be reported in writing to the authority approving the planning.

Article 36. Adjustment of the airport/aerodrome planning

1. Adjustments to the mineral planning shall be made if one of the following bases is available:

a) Adjustments to the national planning, planning at a higher level or planning at the same level change the objectives of the planning;

b) There is any change to input factors included in initial planning tasks such as demands for transport, socio - economic development, etc.;

c) Effects of natural disasters, climate change and war change the objectives, orientations and spatial organization of the planning;

d) Random fluctuations of the socio-economic situation limit the resources for planning implementation;

dd) The efficiency achieved by making adjustments to the planning is higher than that achieved by implementing the first planning scheme or the reasonableness or efficiency is found during the detailed study of the planning or there are issues or proposals with higher efficiency that arise when studying a project during the implementation of the planning;

e) Assurance of national defense and security is required; the development of science and technology considerably changes the implementation of the planning.

2. Partial adjustments to the planning shall be made if one of the following bases is available:

a) Major works whose land use area or capacity is increased or reduced by less than 25% of the total area of land used for or capacity of the planning;

b) Route-based works whose land use area is increased or reduced by less than 15% of the total area of land used;

c) Partial adjustments are made to contents of the planning but do not affect the objectives, viewpoints, development orientations and solutions for implementation of the approved planning and uniformity of the planning is ensured within a region;

d) The expected adjustments do not change the nature, functions, scale, planning boundary and boundary of planning for land for civilian purpose, land for military purpose and areas for shared use under the approved planning in order to increase the efficiency in operation;

dd) There is a demand for use of reserved land already specified in the planning;

e) There is a demand for installing additional equipment in the air operations area;

g) The planning implementation period for each specific work item mentioned in the approved planning is adjusted.

Article 37. Procedures for adjusting and power to adjust the airport/aerodrome planning

1. Procedures for adjusting planning are the same as those for formulating, appraising, approving, announcing and providing information about the planning as prescribed in this Decree.

2. Procedures for making partial adjustments:

a) The Ministry of Transport shall assign a planning authority to make partial adjustments and submit a report on partial adjustments to the planning;

b) The Ministry of Transport shall carry out review and seek opinions of relevant ministries and local authorities;

c) A competent authority is requested to approve partial adjustments to the planning.

3. The authority that has the power to approve the planning also has the power to approve adjustments to the planning.

Article 38. Costs of carrying out planning activities, and receipt of sponsorship in the form of products that are planning dossiers and documents on adjustments to the airport/aerodrome planning

1. The costs of formulating, appraising, approving, announcing, assessing and adjusting the planning shall be covered by the budget for current expenses in accordance with regulations of the Law on State Budget or other legal sources of capital.

2. Domestic and foreign organizations and individuals are entitled to receive sponsorship in the form of products that are planning dossiers and documents on adjustments to the planning. If the sponsorship is grant aid provided by foreign organizations and individuals, regulations of law on management and use of foreign grant aid.

3. The sponsorship in the form of a product that is a planning dossier or document on adjustments to the planning shall be received on the principle that:

a) Contents of planning tasks and planning adjustments, planning contents and adjustments to the planning, and procedures for submitting, appraising and approving planning tasks, adjustments to planning, planning dossier and document on adjustments to the planning comply with regulations of this Decree;

b) The sponsorship is voluntary, unconditional and not in the sponsor’s interests that may affect common interests of the community or society as well as the transparency during the formulation, appraisal and approval of the planning;

c) The sponsor decides on the costs and method of selecting a consultancy to participate in formulating the airport/aerodrome planning according to regulations of law and take legal responsibility for selection of the consultancy.

4. The CAAV shall receive proposals from sponsors and submit them to the Ministry of Transport for consideration. Within 03 working days from the date on which the written response from the Ministry of Transport is received, the CAAV shall notify the sponsor; instruct and cooperate with the sponsor to build and complete the product to be provided as sponsorship.

Chapter III

OPENING AND SHUTTING DOWN AIRPORTS/AERODROMES, EXCEPT FOR SPECIALIZED AERODROMES

Article 39. Opening airports/aerodromes

1. Conditions for opening an airport/aerodrome:

a) The airport/aerodrome has been granted a certificate of airport/aerodrome registration and certificate of airport/aerodrome operation as prescribed;

b) The airspace, flight routes, and flight procedures serving aerodrome operation of the airport/aerodrome have been approved by competent authorities.

2. The airport/aerodrome operator shall send 01 set of the application for opening the airport/aerodrome to the Ministry of Transport, whether in person or by post or another appropriate manner. The application consists of:

a) An application form that contains name of the airport/aerodrome; location, scale and type of the airport/aerodrome; aerodrome classification;

b) Written explanation and evidence for fulfillment of conditions for opening the airport/aerodrome prescribed in Clause 1 of this Article.

3. Within 12 days from the day on which a sufficient application is received, the Ministry of Transport shall carry out appraisal and request the Prime Minister to decide whether to permit the opening of the airport/aerodrome. If the application is rejected, the Ministry of Transport shall send a written notification to the applicant and provide explanation.

Article 40. Conversion of a domestic airport to an international airport

1. Conditions for converting a domestic airport to an international airport:

a) The comprehensive planning for development of the national airport/aerodrome system is conformed to;

b) The certificate of airport/aerodrome registration or certificate of airport/aerodrome operation has been adjusted to include international flights;

c) The airspace, flight routes, and flight procedures serving operation of international flights have been approved by competent authorities.

2. The airport/aerodrome operator shall send 01 set of the application for conversion of domestic airport to international airport to the Ministry of Transport, whether in person or by post or another appropriate manner. The application consists of:

a) An application form that contains name of the airport/aerodrome; location, scale and type of the airport/aerodrome; aerodrome classification; proposed conversion time;

b) Written explanation and evidence for fulfillment of the conditions for conversion prescribed in Clause 1 of this Article.

3. Within 03 working days from the receipt of the sufficient application, the Ministry of Transport shall send an enquiry to the Ministry of National Defense, Ministry of Public Security, Ministry of Finance and Ministry of Health. Within 07 days from the receipt of the enquiry, ministries shall give a written response. In case of failure to obtain consent, explanation shall be provided.

Within 05 working days from the date on which ministries’ concurring opinions are received, the Ministry of Transport shall decide to convert the domestic airport to an international airport.  If the application is rejected, the Ministry of Transport shall send a written notification to the applicant and provide explanation.

Article 41. Shutdown of airports/aerodromes

1. An airport/aerodrome shall be shut down in the following manners:

a) Termination of the operation of the airport/aerodrome;

b) Termination of activities serving international air transport (for international airports).

2. The Ministry of Transport shall request the Prime Minister to decide the shutdown of an airport/aerodrome in the following cases:

a) For national defense and security purposes;

b) For socio-economic reasons.

3. An application for shutdown of an airport/aerodrome consists of:

a) An application form for shutdown of the airport/aerodrome that contains name of the airport/aerodrome; location, scale, type of the airport/aerodrome; aerodrome classification; reasons and time for shutting down the airport/aerodrome;

b) An overall plan for resolving the issues concerning the shutdown of the airport/aerodrome;

c) Documents related to the request for shutdown of the airport/aerodrome.

4. The Ministry of Transport shall announce the shutdown of airports/aerodromes; cooperate with local governments and relevant agencies/units in implementing remedial measures and resolving related issues.

Article 42. Suspension of airports/aerodromes

1. Partial or total infrastructure of an airport/aerodrome shall be suspended in the following cases:

a) The renovation, extension, or repair requires suspension of the airport/aerodrome;

b) The certificate of airport/aerodrome operation is revoked;

c) A natural disaster, epidemic, environmental pollution, aviation accident or unexpected situation occurs and threatens aviation safety and security.

2. The CAAV shall request the Ministry of Transport to decide suspension of airports/aerodromes in the cases mentioned in Clause 1 of this Article.

3. The director of the airport authority shall decide suspension of the airport/aerodrome within 24 hours as prescribed in Clause 4 Article 49 of the Law on Vietnam Civil Aviation.

4. The CAAV (in the case mentioned in Clause 2 of this Article), airports authority (in the case mentioned in Clause 3 of this Article) shall announce the suspension of airports/aerodromes on the aeronautical information system as prescribed, notify local governments, relevant agencies/units; direct the implementation of remedial measures and resolution of relevant issues.

5. The agency that decides the suspension of an airport/aerodrome shall decide resumption of the airport/aerodrome operation after the causes of suspension are eliminated.

Article 43. Shutdown of an airport/aerodrome in the case of renovation, expansion and repair of infrastructure

1. The airport/aerodrome operator shall send 01 set of the application for suspension of the airport/aerodrome to the CAAV, whether in person or by post or another appropriate manner. The application includes:

a) An application form for suspension of the airport/aerodrome that contains name of the airport/aerodrome; location, scale, type of the airport/aerodrome; aerodrome classification; reasons and time for shutting down the airport/aerodrome;

b) The decision on approval of the infrastructure renovation, expansion or repair project issued by the competent authority;

c) The construction plan and measures for maintaining safety and environmental hygiene.

2. Procedures for suspension of an airport/aerodrome:

a) Within 10 days from the receipt of the sufficient application, the CAAV shall appraise it and report appraisal result to the Minister of Transport;

b) Within 05 working days from the receipt of the appraisal result report, the Minister of Transport shall decide the suspension of the airport/aerodrome. If the application is rejected, the Ministry of Transport shall send a written notification to the applicant and provide explanation.

Article 44. Suspension of an airport/aerodrome upon the revocation of the certificate of airport/aerodrome operation is revoked

1. The CAAV shall send 01 set of the application for shutdown of the airport/aerodrome to the Ministry of Transport, whether in person or by post. The application includes:

a) An application form for suspension of the airport/aerodrome that contains name of the airport/aerodrome; reasons for shutting down the airport/aerodrome; time for shutting down the airport/aerodrome;

b) The decision on revocation of the certificate of airport/aerodrome operation;

c) The issued certificate of airport/aerodrome operation.

2. Within 05 working days from the receipt of the sufficient application, the Minister of Transport shall decide the suspension of the airport/aerodrome. If the application is rejected, the Ministry of Transport shall send a written notification to the applicant and provide explanation.

Article 45. Suspension of an airport/aerodrome in the event of a natural disaster, epidemic, environmental pollution, aviation accident or another unexpected situation that threatens aviation safety and security

1. The airport/aerodrome operator shall immediately request the airports authority to suspend the airport/aerodrome within 24 hours in the event of a natural disaster, epidemic, environmental pollution, aviation accident or another unexpected situation that threatens aviation safety and security. The director of the airports authority shall consider issuing a decision to suspend the airport/aerodrome within 24 hours and notify the CAAV.

2. Procedures for suspending an airport/aerodrome for more than 24 hours in the event of a natural disaster, epidemic, environmental pollution, aviation accident or another unexpected situation that threatens aviation safety and security are as follows:

a) The airport/aerodrome operator shall immediately report the suspension of the airport/aerodrome to the CAAV. The report shall contain name of the airport/aerodrome; reasons for suspending the airport/aerodrome; time for suspending the airport/aerodrome;

b) After receiving the report, the CAAV shall submit a request for suspension of the airport/aerodrome to the Ministry of Transport;

c) Within 24 hours from the receipt of the request, the Minister of Transport shall decide the suspension of the airport/aerodrome. If the request is rejected, the Ministry of Transport shall send a written notification to the applicant and provide explanation.

Chapter IV

INVESTMENT IN CONSTRUCTION AT AIRPORTS/AERODROMES

Article 46. Requirements for investment in construction of new airports/aerodromes or work items in current airports/aerodromes

1. The investment in construction of a new airport/aerodrome or work item in the current airport/aerodrome shall comply with the following requirements:

a) Conform to the airport/aerodrome planning approved by a competent authority;

b) Comply with applicable standards and regulations; conform to ICAO’s standards;

c) Comply with regulations of law on civil aviation, investment, construction and environmental protection.

2. Regarding the projects in the process of appraising the construction project, the authority presiding over appraising the feasibility study report shall collect comments of the Ministry of Transport about the conformity of the construction project with the approved airport/aerodrome planning, conformity of aviation technology line related to operation procedure, regulations operation security and safety; except for construction projects whose feasibility reports are appraised by specialized agencies of the Ministry of Transport as prescribed by law.

3. For a passenger terminal or cargo terminal construction project, in the process of appraising the project, the authority presiding over appraising the feasibility study report shall comply with the regulation set out in Clause 2 of this Article and collect comments of regulatory bodies regularly operating in the airport/aerodrome, including customs authority, police authority, health authority and airport authority.

4. Investors are entitled to construct works after land is allocated or leased out to them as prescribed by law.

Article 47. Formulation and adjustment of plans for investment in development, renovation and expansion of current airports/aerodromes

1. Within 180 days from the date on which the airport/aerodrome planning is approved, the airport enterprise shall preside over and cooperate with the air navigation enterprise and aviation and non-aviation service providers in formulating a plan for investment in development, renovation or expansion of the airport/aerodrome, collecting comments of the Ministry of Public Security in the case where the plan for investment in development, renovation or expansion of the airport include works that are on the list of important works related to national security and submitting 01 application to the CAAV, which will submit it to the Ministry of Transport for approval. The application consists of:

a) An application form for approval of the plan for investment in development, renovation or expansion of the airport/aerodrome;

b) A description of the demand, necessity for investment and plan for investment in development, renovation or expansion for each work item;

c) A document containing explanation to comments from agencies and units.

2. Scope of operation and period of the plan

a) Scope of operation: the plan for investment in development, renovation or expansion of the airport/aerodrome is formulated for the list of airport infrastructure and works for provision of non-aviation services;

b) Period of the planning: the plan for investment in development, renovation or expansion of the airport/aerodrome is formulated for a period of 05 years or for the period defined in the public investment plan approved by the competent authority but not exceeding the airport planning period.

3. Contents of the plan for investment in development, renovation or expansion tailored for each work item at the airport/aerodrome include:

a) Name of the work;

b) Investment objectives, scale and location;

c) Area of land used;

d) Preliminary total investment;

dd) Expected sources of investment capital;

e) Duration;

g) Investment method.

4. Within 30 days from the receipt of the satisfactory application, the CAAV shall appraise and submit it to the Ministry of Transport for approval. If the application is unsatisfactory, within 03 working days from the receipt of the application, the CAAV shall respond to the applicant in writing and instruct him/her to complete the application.

5. Within 15 days from the receipt of the CAAV’s appraisal result report, the Ministry of Transport shall consider approving the plan for investment in development, renovation or expansion of the airport/aerodrome. If the application is rejected, the Ministry of Transport shall provide a written explanation to the applicant.

6. When the policy on investment in or development of the airport/aerodrome is changed or the airport enterprise wishes to adjust the plan for investment in development, renovation or expansion of the airport/aerodrome, the airport enterprise shall review the plan, submit it to the CAAV, which will submit it to the Ministry of Transport for approval of the adjustment. The application and procedures for approval of the adjustment to the plan for investment in development, renovation or expansion of the airport/aerodrome are specified in Clauses 1, 2, 3 and 4 of this Article.

Article 48. Organizing implementation of plan for investment in development, renovation or expansion of current airport/aerodrome

According to the airport/aerodrome planning and the plan for investment in development, renovation or expansion of the airport/aerodrome approved by the Ministry of Transport, the investment in development, renovation or expansion of the airport/aerodrome shall be carried out as follows:

1. In order to ensure the uniformity and synchronization in managing, operating and maintain satisfaction of conditions for operation of the airport/aerodrome, the airport enterprise shall invest in construction, renovation or expansion of essential works, except for works in which the State directly invests and the works specified in Clause 2 of this Article. If the airport enterprise fails to make investment according to the airport development plan approved by the competent authority, the Ministry of Transport shall propose and call for an appropriate investment method as prescribed by law.

2. The air navigation service provider shall invest in, upgrade and expand works and technical infrastructure for air navigation assigned to manage and operate.

3. Head offices of regulatory bodies shall be invested in, upgraded and expanded by the regulatory bodies.

4. Except for the works specified in Clauses 1, 2 and 3 of this Article, for the works operated at the airport/aerodrome, the Ministry of Transport shall organize the selection of investors as prescribed by law.

5. For the PPP-invested airport, the investment in work items not covered by the PPP project contract for the purposes of airport development or expansion shall not be made in the form of PPP or other form as prescribed by law.

6. If the allocation or lease term of the land area where existing works are located has not expired, operators of such works are entitled to invest in, renovate and expand them without repurposing land within the area or boundary of the land area where the existing works are located in conformity with the approved airport/aerodrome planning.

Article 49. General plans

1. A 1/500 scale general plan serves as one of the bases for issuing the construction permit at an airport/aerodrome.

2. The general plan consists of:

a) A system of construction and technical works: construction area; density, quantity, height, and elevation of construction works; land use coefficient;

b) A system of technical infrastructure connected to shared technical infrastructure of the airport: direction, route, scale, level; elevation limits; typical cross sections.

3. Every investor entitled to construct works at an airport/aerodrome shall make a 1/500 scale general plan which conforms to the airport/aerodrome planning and is suitable for connection with shared technical infrastructure of the airport/aerodrome.

4. The investor in the project on construction of works at the airport/aerodrome shall make a 1/500 scale general plan within the boundary of the project assigned by a competent authority invest in and submit it to the CAAV for approval. An application includes:

a) An application form for approval of the general plan;

b) Documents on the general plan, including a description of the general plan and relevant drawings;

c) A document that contains comments offered by relevant agencies and units;

d) A written explanation for comments offered by relevant agencies and units;

dd) Number of applications: 10 sets.

Within 45 days from the receipt of the satisfactory application, the CAAV shall collect comments of relevant units, appraise and approve the general plan within the boundary of the project assigned to invest in. If the application is rejected, the CAAV shall provide explanation.

5. The issuance of the construction permit to work construction projects at an airport/aerodrome shall comply with regulations of law on construction.

Article 50. Ensuring operation safety during construction and installation of equipment on newly built works, repaired or renovated works; dismantling of works; warranty and maintenance of construction works, putting works into operation at airports/aerodromes

1. The construction, renovation and upgrading of works and installation of equipment at airports/aerodromes must be appropriate to their intended use and the airport/aerodrome planning approved by the competent authority.

2. Operators of works and equipment at airports and aerodromes have the responsibility to maintain and repair them in accordance with applied technical regulations and standards and regulations of law on maintenance.

3. The CAAV shall grant approval for the plan to ensure safety and security upon construction, renovation, upgrading, maintenance and repair of works, and installation and maintenance of equipment within airports and aerodromes, which changes the plan to operate runways, taxiways, aprons, passenger terminals or cargo terminals or changes the plan to operate the system of air navigation equipment.

4. The airports authority shall grant approval for the plan to ensure safety and security upon construction, renovation, upgrading, maintenance and repair of works, and installation and maintenance of equipment within an airport or aerodrome during the interval between flights or the construction plan which does not change the plan to operate runways, taxiways, aprons, passenger terminals or cargo terminals or the plan to operate the system of air navigation equipment.

5. Every investor in construction, renovation, upgrading, maintenance and repair of works, and installation, maintenance and repair of equipment within an airport or aerodrome shall submit 01 application for approval of the plan to ensure safety and security upon construction, renovation, upgrading, maintenance and repair of works, and installation, maintenance and repair of equipment within the airport/aerodrome to the CAAV as prescribed in Clause 3 of this Article or the airports authority as prescribed in Clause 4 of this Article. The application includes:

a) An application for approval;

b) The plan to maintain security, safety and environmental hygiene at the airport/aerodrome during the construction enclosed with the adjusted plan to operate runways, taxiways, aprons, passenger terminals or cargo terminals or the adjusted plan to operate the system of air navigation equipment (if any);

c) An agreement on the plan to maintain security, safety and environmental hygiene at the airport/aerodrome with relevant agencies and units;

d) The construction permit, for the works required to obtain the construction permit in accordance with regulations of law on construction.

6. Within 12 days from the receipt of the sufficient application, the CAAV (in the case in Clause 3 of this Article) or the airports authority (in the case in Clause 4 of this Article) shall appraise it and grant a written approval for the plan to maintain security, safety and environmental hygiene at the airport/aerodrome during the construction. If the application is rejected, provide a written explanation to the applicant.

7. If any runway, taxiway, apron or air navigation equipment is damaged directly threatening aviation security and safety, thereby requiring an immediate action, the operator of aerodrome infrastructure and operator of air navigation equipment shall immediately repair the damage, and immediately notify the aeronautical information service provider to publish aeronautical information as prescribed; notify the CAAV and airports authority of the damage and repair thereof.

8. Regarding the construction, renovation, upgrading, maintenance and repair of works, installation, maintenance and repair of equipment for joint civil-military use, and suspension of the airport/aerodrome, the project investor shall analyze and assess the effects on military activities and measures to reduce effects on military activities in the documents on putting works into operation or the application for approval of the measure to ensure security and safety upon construction, renovation, upgrading, maintenance and repair of works, and installation, maintenance and repair of equipment within the airport/aerodrome.

9. If an aerodrome is operated in low visibility conditions pursuant to regulations, the construction, renovation, upgrading, maintenance and repair of works or installation, maintenance and repair of equipment adjacent to the aerodrome's electricity system shall not proceed. Provider(s) of air navigation services in the aerodrome shall notify the airport/aerodrome operator and works contractors of operation of the aerodrome in low visibility conditions so as to suspend the construction, renovation, upgrading, maintenance and repair of the works, or installation, maintenance and repair of equipment within the airport/aerodrome.

10. The airports authority shall inspect and maintain the compliance with the plan to maintain safety, security and environmental hygiene upon construction, renovation, upgrading, maintenance and repair of works or installation, maintenance and repair of equipment within the airport/aerodrome which has been approved by the competent authority. If it is found that the construction plan or operation plan fails to ensure safety of activities conducted at the airport/aerodrome and air navigation, the airports authority shall request investors and operators of works and air navigation equipment to suspend the construction and take actions against violations as prescribed by law.  The airports authority shall decide the construction after the work operator or air navigation equipment operator completes the performance of remedial actions requested by the airports authority.

11. The construction, renovation, upgrading, maintenance and repair of the works, or installation, maintenance and repair of equipment within the airport/aerodrome which affect air navigation must be published in accordance with regulations of law on publishing of aeronautical information.

12. If the time of construction, renovation, upgrading, maintenance or repair of a work, or installation, maintenance or repair of equipment within the airport/aerodrome affects air navigation but has been published in accordance with regulations of law on publishing of aeronautical information, the investor in construction of the work or work operator or air navigation equipment operator shall reach an agreement with the airports authority and airport/aerodrome operator and provide explanation for reasons for changing the published time of construction as prescribed before following the procedures for publishing the change of time of construction as prescribed.

Article 51. Putting works and parts of airport or aerodrome infrastructure into operation and suspension thereof

1. Works of the airport/aerodrome infrastructure required to undergo procedures for putting works into operation or suspension of works or part of works include:

a) Runways, taxiways, aprons;

b) Passenger terminals, cargo terminals, cargo warehouses, aviation logistics areas, cargo assembly areas;

c) Works for provision of ground-based commercial services; aircraft repair and maintenance services; aviation equipment repair and maintenance services; technical aviation services; air catering services; aviation fuel services.

2. Works at the airport/aerodrome must satisfy all operation conditions and standards as prescribed before being put into operation.

3. The shutdown of a work at the airport/aerodrome must ensure normal operation of the airport/aerodrome unless the airport/aerodrome has to be shut down or suspended as prescribed.

4. The operator of a work of the airport/aerodrome infrastructure in Point a, b or c Clause 1 of this Article shall submit 01 application to the CAAV for initiating the full or partial operation of the work of the airport/aerodrome, whether in person or by post or another appropriate manner. The application includes:

a) An application form for initiating the full or partial operation of the work, which indicates the location and scope of operation; time of initiation in compliance with regulations on publishing of aeronautical information; main specifications of the work items; lifespan of the work;

b) A record on the commissioning of the work item or work for operation and notification of inspection of commissioning of the work item or work issued by a competent authority in accordance with regulations of law construction;

c) The work operation literature.

5. The operator of a work of the airport/aerodrome infrastructure in Clause 1 of this Article shall submit 01 application to the CAAV for partial suspension of the work of the airport/aerodrome, whether in person or by post or another appropriate manner. The application includes:

a) An application form for partial suspension of the airport/aerodrome infrastructure, which indicates the reason(s) for partial suspension; location and scope of closure; duration of suspension in accordance with regulations on publishing of aeronautical information;

b) A copy of the detailed drawing of the suspended area;

c) The plan for maintaining activities related to the suspended work;

d) The measures for safety and security assurance in connection with the suspended work.

6. Within 10 days from the receipt of the sufficient application, the CAAV shall consider deciding to initiate the full or partial operation of the airport/aerodrome infrastructure or partial suspension of the airport/aerodrome infrastructure. If the application is rejected, the CAAV shall provide a written explanation.

7. The CAAV shall provide guidelines for formulating work operation literature.

8. The airports authority shall inspect and assure the adherence to the plan for maintaining activities and measures for assuring safety and security in connection with the suspended works.

9. If any technical specification of a work, operation procedure or service provision procedure is changed, the work operator shall update the change to the work operation literature’s amendment pages. Once a year, the work operator shall review the work operation literature and submit it to the CAAV for re-approval if there is any change to its contents. The application includes:

a) An application for approval;

b) The draft of the amendment(s) and supplement(s);

c) Documentary evidences for such amendment(s) and supplement(s);

d) Number of applications: 01 set.

10. Within 15 days from the receipt of the sufficient application, the CAAV shall appraise the work operation literature, approve the amendment(s) or supplement(s) or provide a written explanation for its rejection of the application to the applicant.

11. The permission for launch or suspension of works for provision of air navigation services shall comply with regulations of law on air navigation management and provision of air navigation services.

Chapter V

ISSUANCE OF AIRPORT/AERODROME REGISTRATION CERTIFICATES AND AIRPORT/AERODROME OPERATION CERTIFICATES; ISSUANCE OF AIRPORT/AERODROME BUSINESS LICENSES

Article 52. Issuance of airport/aerodrome registration certificates

1. The proprietor of an airport or aerodrome or the organization designated to manage such airport or aerodrome shall submit 01 application for issuance of the airport/aerodrome registration certificate to the CAAV, whether in person or by post or another appropriate manner. The application includes:

a) The application form defined in Form No. 01 in the Appendix hereof;

b) Copy from the master register or copy produced together with the original copy for comparison or certified true copy (if the application is submitted in person or by post) of the establishment decision or the enterprise registration certificate of the proprietor or the organization designated to manage the airport or aerodrome; ID card or Citizen ID card or the passport of the individual(s) owning the airport/aerodrome;

c) A copy of decision on investment guidelines or decision on investment in the airport/aerodrome in the case of construction, renovation, upgrading or expansion of the airport/aerodrome;

d) A copy of the written confirmation of the completion of commissioning procedures regarding the airport/aerodrome infrastructure pursuant to regulations on construction investment in the case of construction, renovation, upgrading or expansion of the airport/aerodrome.

2. The proprietor or the organization designated to manage an airport/aerodrome under construction shall submit 01 application for issuance of the certificate of temporary registration of the airport/aerodrome to the CAAV, whether in person or by post or another appropriate manner. The application includes the documents defined in Point a, b and c Clause 1 of this Article.

3. Within 10 days from the receipt of the valid application pursuant to regulations, the CAAV shall verify the following contents from the documents:

a) The adherence of the construction of the airport/aerodrome to the approved comprehensive planning for development of the national airport and aerodrome system;

b) The compliance of the construction and technical commissioning of the airport/aerodrome infrastructure with the technical regulations and standards as regulated and in line with the operational capacity;

c) The abidance of the construction plan of the airport/aerodrome infrastructure with the technical standards as regulated for the temporary registration of airports and aerodromes under construction and in line with the operational capacity.

4. Within 03 working days from the date of verification, the CAAV shall register the airport/aerodrome in the airport and aerodrome register book and issue the airport/aerodrome registration certificate as defined in Form No. 02 in the Appendix hereof or provide a written explanation for its rejection of the application.

5. An airport or aerodrome for which a certificate of temporary registration has been issued shall be subject to registration pursuant to this Decree within 60 days upon the completion of its construction.

6. An airport/aerodrome registration certificate, when lost or damaged, can be re-issued upon request. The holder of the airport/aerodrome registration certificate shall submit Form No. 01 in the Appendix hereof to the CAAV, whether in person, by post or another appropriate manner to apply for re-issuance.

Within 03 working days from the receipt of the form as regulated, the CAAV shall consider re-issuing the certificate or provide a written explanation for its rejection of the form.

7. An airport/aerodrome registration certificate shall be revoked in the holder of the certificate no longer satisfies the conditions for issuance of the airport/aerodrome registration certificate.

Article 53. Amendment to airport/aerodrome registration certificates

1. A holder of an airport/aerodrome registration certificate shall update information on the changes to the airport/aerodrome and request amendment to the certificate upon the alteration to:

a) The name or address of the proprietor or operator of the airport/aerodrome;

b) The name of the airport/aerodrome;

c) The location and coordinates of the airport/aerodrome reference point;

d) The aerodrome classification;

dd) The purposes of operation;

e) The operational capacity relevant to the largest aircraft permitted to be operated at the airport/aerodrome.

2. The holder of the airport/aerodrome registration certificate shall submit 01 application to the CAAV, whether in person or by post or another appropriate manner. The application includes:

a) The application form defined in Form No. 01 in the Appendix hereof;

b) Documentary evidences for the changes for which amendment is requested.

3. Within 05 working days from the receipt of the sufficient application, the CAAV shall verify the amendments to the airport/aerodrome registration certificate; then issue a new certificate, revoke the existing certificate or provide a written explanation for the rejection of the application.

Article 54. Airport/aerodrome operation literature

1. Every airport and aerodrome must have airport/aerodrome operation literature.

2. The airport/aerodrome operation literature includes:

a) Aerodrome operation literature;

b) Literature on operation of works of the airport/aerodrome infrastructure or document providing guidance on operation of air navigation service providers.

Article 55. Procedures for issuance, re-issuance, amendment and revocation of airport/aerodrome operation certificates

1. The organization designated to manage and operate or leased out or receive the right to operate for a certain period of time works of the aerodrome infrastructure as prescribed by law (except for the works managed and operated by the air navigation enterprise) shall submit 01 application for issuance of the airport/aerodrome operation certificate to the CAAV, whether in person or by post or another appropriate manner. The application includes:

a) The application form defined in Form No. 03 in the Appendix hereof;

b) Aerodrome operation literature.

2. Within 10 days from the receipt of the sufficient application, the CAAV shall verify the aerodrome operation literature and notify the verification result. The verification shall focus on:

a) The factors in the assurance of aviation safety, aviation security and service standards;

b) The compliance of the aerodrome’s technical standards with ICAO’s technical regulations and standards;

c) Non-compliant components (if any).

3. Within 10 days from the receipt of the aerodrome operation literature completed according to the notification of verification result, the CAAV shall check aerodrome’s actual conditions against those described in the operation literature. If there is any difference between the data and contents described in the aerodrome operation literature and the results of site inspection, the CAAV shall request the applicant to provide explanation and complete the literature according to the results of site inspection.

4. Within 05 working days from the date on which checking of actual conditions against those described in the operation literature is done, the CAAV shall issue the airport/aerodrome operation certificate according to the Form No. 04 in the Appendix hereof or provide a written explanation for its rejection to the applicant.

5. An airport/aerodrome operation certificate may be amended in the case of change of one of the contents mentioned in the certificate.

6. The airport/aerodrome operator shall submit 01 application for amendment to the airport/aerodrome operation certificate to the CAAV, whether in person or by post or another appropriate manner. The application includes:

a) The application form defined in Form No. 03 in the Appendix hereof;

b) Documentary evidences for the changes for which amendment is requested.

Within 05 working days from the receipt of the application as regulated, the CAAV shall approve the amendment to the airport/aerodrome operation certificate or provide a written explanation for its rejection to the applicant.

7. An airport/aerodrome operation certificate, when lost, torn or damaged, can be re-issued upon request. The holder of the airport/aerodrome operation certificate shall submit Form No. 03 in the Appendix hereof to the CAAV, whether in person, by post or another appropriate manner to apply for re-issuance.

Within 03 working days from the receipt of the form as regulated, the CAAV shall consider re-issuing the certificate or provide a written explanation for its rejection of the form to the applicant.

8. The revocation of airport/aerodrome operation certificates is subject to Clause 4 Article 51 of the Law on Vietnam Civil Aviation.

Article 56. Regulations on aerodrome operation literature

1. If there is any change to the technical specification of a work or equipment in an aerodrome, aircraft operation plan, operation procedure or procedure for provision service within an aerodrome, the airport/aerodrome operator shall update the change to amendment pages of the aerodrome operation literature.

2. The airport/aerodrome operator shall review the aerodrome operation literature on an annual basis or at the request of the CAAV or upon changes to its contents which affect the operation methods and procedures. The airport/aerodrome operator shall submit the aerodrome operation literature to the CAAV for re-approval thereof. The application includes:

a) An application for approval;

b) The draft of the amendment(s) and supplement(s);

c) Documentary evidences for such amendment(s) and supplement(s);

d) Number of applications: 01 set.

3. Within 08 days from the receipt of the sufficient application, the CAAV shall verify the aerodrome operation literature. If the aerodrome operation literature is not satisfactory, the CAAV shall send a notification of verification result and request the airport/aerodrome operator to complete such aerodrome operation literature. If the aerodrome operation literature is satisfactory, the CAAV shall check the aerodrome’s actual conditions against the amendment(s) and supplement(s) to the aerodrome operation literature against (if any); approve the amendment(s) or supplements(s) to the literature or provide a written explanation for its rejection to the applicant.

Article 57. Procedures for issuance, re-issuance and invalidation of airport business licenses

1. The applicant for license for airport operation shall submit 01 application to the Ministry of Transport, whether in person or by post or another appropriate manner and take responsibility for the accuracy and truthfulness of the application. The application includes:

a)The application form defined in Form No. 05 in the Appendix hereof;

b) A copy of the enterprise registration certificate;

c) Copies of documentary evidences for organizational structure and personnel that must achieve appropriate licenses or certificates and comply with professional requirements concerning airport/aerodrome operation in accordance with regulations of law on civil aviation;

d) An original capital certification;

dd) A plan on equipment , facilities and other conditions necessary for ensuring aviation safety and security.

2. Within 10 days from the receipt of the sufficient application, the Ministry of Transport shall carry out appraisal and issue the airport business license according to the Form No. 06 in the Appendix hereof. If the application is rejected, a written explanation must be provided.

3. An airport business license, when lost, damaged or having its contents changed, can be re-issued upon request.

4. The applicant shall submit 01 application for re-issuance of the airport business license to the Ministry of Transport, whether in person or by post or another appropriate manner and take responsibility for the accuracy and truthfulness of the application. The application includes:

a) The application form defined in Form No. 05 in the Appendix hereof;

b) Relevant documents related to any change to contents of the license (if any).

5. Regarding the license re-issued due to any change in contents of that license: within 05 working days from the receipt of the sufficient application, the Ministry of Transport shall reissue the airport business license. If the application is rejected, a written explanation must be provided.

6. Regarding the license re-issued due to loss or damage: within 03 working days from the receipt of the application, the Ministry of Transport shall consider re-issuing the license or provide a written explanation for its rejection of the application to the applicant.

7. An airport business license shall be invalidated in the following cases:

a) Provide untruthful information included in the application;

b) Commit serious violations against laws on national security and defense;

c) Terminate operation according to laws or at the request of an enterprise;

d) Seriously violate regulations on aviation security, aviation safety, regulatory business requirements, fire fighting and prevention, and environmental protection;

dd) Pend the airport operation that must be commenced within a permitted period of 12 months from the date of issuance of a license.

8. The Ministry of Transport shall issue a decision on invalidation of the license, specifying reasons for and date of invalidation of the license. Upon receipt of the decision, the airport operation enterprise must immediately terminate its airport operation.

9. The Ministry of Transport shall notify the CAAV and airports authority of the issuance, re-issuance or invalidation of the airport business license for the purposes of inspection and supervision.

Chapter VI

MANAGEMENT AND OPERATION OF AIRPORTS AND AERODROMES

Article 58. Responsibilities of agencies, organizations and individuals involved in activities at airports/aerodromes

1. Bodies exercising their function of state management at an airport/aerodrome; the airport/aerodrome operator; providers of aviation services, providers of other services at the airport/aerodrome have the responsibility to cooperate in resolving issues that arise within their jurisdiction, ensure safety, security and normal operation of the airport/aerodrome; cooperate in providing and maintaining provision of services for flights in accordance with applicable standards and technical regulations, ensuring aviation security and safety, and environmental safety.

2. The airport/aerodrome operator and providers of aviation services have the responsibility to maintain the fulfillment of conditions for operating works and equipment of the airport/aerodrome, provide aviation services in accordance with applicable standards and technical regulations; immediately report to airports authorities the accidents or malfunctions that threaten operation, aviation security and safety or environmental safety and take remedial measures.

3. Airport enterprises and providers of air navigation services shall pay fees for franchise for the right to operate the airport/aerodrome to the airports authority according to regulations of the Ministry of Finance.

4. Providers of aviation services at airports/aerodromes other than air navigation services or air transport services shall pay the price of franchise to the airport enterprise according to regulations of the Ministry of Finance.

5. The airport/aerodrome operator and providers of aviation services have the responsibility to provide information and documents about implementation of planning, construction, installation of equipment at airports/aerodromes, assurance of aviation security and safety, and environmental safety to the CAAV and airports authority on request.

6. Aircraft operators must immediately inform the airports authority, airport/aerodrome operator and providers of air navigation services of changes to the flight plans, delayed and cancelled flights.

7. Every aircraft operator must submit the payload balancing statement, crew list, manifest of passengers and cargo of each flight to the airports authority within 5 hours after the aircraft takes off or lands or at the request of the airports authority. Documents shall be sent in person, by post or another appropriate manner. The airports authority shall retain flight documents for 02 years from the day on which they are received. The flight may be suspended if the aircraft operator violates regulations on submission of flight documents.

8. Providers of air navigation services and providers of aviation services shall provide information to the airport/aerodrome operator for aerodrome operation purpose at the request of the airport/aerodrome operator.

9. The Minister of Transport shall elaborate on management and operation of airports and aerodrome, except for specialized aerodromes.

Article 59. Personnel operating aviation vehicles and equipment in restricted areas of airports and aerodromes

1. The organization managing and employing personnel operating aviation vehicles and equipment in restricted areas of an airport or aerodrome shall submit 01 application for initial licensing of personnel operating aviation equipment and vehicles in restricted areas of an airport or aerodrome to the CAAV, whether in person or by post or another appropriate manner. The application includes:

a) An application form enclosed with a list of employees applying for the license, which is made using the Form No. 07 in the Appendix hereof;

b) An applicant’s personal statement, which is made using the Form No. 08 in the Appendix hereof and includes a 03x04 cm color photo bearing a joint page seal and a 03x04 cm color photo taken within the last 06 months;

c) A copy of the relevant motor vehicle driving license (of the employees operating vehicles);

d) A professional certificate as prescribed.

2. Within 18 days from the receipt of the sufficient application, the CAAV shall examine documents, carry out a test and decide to issue the employee’s license to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome or provide a written explanation for its rejection of the application to the applicant.

3. An employee’s license to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome can be re-issued upon request in the following cases:

a) Its validity is less than 60 days or it is expired;

b) It is lost or damaged;

c) There is a change of the organization managing and employing aviation personnel.

4. In the case of re-issuing the license when its validity is less than 60 days or it is expired

a) The application includes the documents mentioned in Points a, b and c Clause 1 of this Article and a document proving that the employee is provided with periodic training or refresher training as prescribed;

b) Within 18 days from the receipt of the sufficient application, the CAAV shall examine documents, carry out a test and decide to issue the employee’s license to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome or provide a written explanation for its rejection of the application to the applicant.

5. In the case of re-issuing the license when it is lost or damaged

a) The application includes the document defined in Point a Clause 1 of this Article;

b) Within 05 working days from the receipt of the sufficient application, the CAAV shall decide to re-issue the employee’s license to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome to the applicant.

6. In the case of re-issuing the license when there is a change of the organization employing aviation personnel

a) The application includes the document in Point a Clause 1 of this Article, a copy of the decision to terminate employment contract issued by the previous organization, a copy of the employment contract of the current organization and a copy of the unexpired license issued by the CAAV in the case of change of the organization employing aviation personnel;

b) Within 05 working days from the receipt of the sufficient application, the CAAV shall decide to re-issue the employee’s license to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome or provide a written explanation for its rejection of the application to the applicant.

7. An organization applying for addition of ratings to the license for its employees to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome shall submit 01 application to the CAAV, whether in person or by post or another appropriate manner. The application includes:

a) An application form for addition of ratings enclosed with a list of employees applying for addition of ratings, which is made using the Form No. 07 hereof;

b) A copy of the relevant motor vehicle driving license (of the employees operating vehicles);

c) A professional certificate as prescribed.

Within 03 working days from the receipt of the sufficient application as regulated, the CAAV shall carry out appraisal and issue the license with addition of ratings. If the application is rejected, a written explanation must be provided to the applicant.

8. Organizations applying for an aviation personnel’s license shall pay fees according to regulations of the Ministry of Finance before the CAAV issues the license with addition of ratings, carries out a test, issues or re-issues the license.

9. An employee having the license to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome is entitled to carry out activities at all airports/aerodromes where the organization employing such employee provides services.

10. The employee’s license to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome shall be valid for 07 years.

11. The CAAV shall revoke the employee’s license to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome in the following cases:

a)The license is altered or is not used for its intended purposes;

b) The employee's violation(s) directly menace(s) the aviation safety and security at the airport or aerodrome or the employee conceals violations against regulations on aviation safety and security;

c) The employee's use of addictive substance(s) is exposed; the employee has criminal convictions; or the employee disturbs social order and safety inside the airport or aerodrome.

12. The Minister of Transport shall elaborate on contents and form of the employee’s license to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome.

Article 60. Certification of technical eligibility of aviation equipment and vehicles manufactured, assembled or remodeled in Vietnam

1. A person applying for certification of technical eligibility of aviation equipment or vehicle manufactured, assembled or remodeled in Vietnam shall submit 01 application to CAAV, whether in person, by post or another appropriate method.

The application includes:

a) An application form for certification of technical eligibility of the aviation equipment or vehicle, which describes the product and its main norms, specifications, limits and functionalities;

b) Copies of the standards and technical regulations applied;

c) Copies of relevant documents on technical and detailed design; materials; method and process of production; instructions for installation, operation, maintenance and assembly; main norms, specifications, limits and functionalities;

d) A copy of the transfer record or the pre-operation commissioning record;

dd) Copies of the written records of product examination, testing and evaluation by qualified entities as per legal regulations;

e) A trial operation report based on the product’s norms, specifications, limits and functionalities.

2. Within 15 days from the receipt of the application as regulated, the CAAV shall conduct the requisite examination(s) and test(s) then issue the certificate of technical eligibility for the aviation equipment or vehicle, as defined in Form No. 09 in the Appendix hereof or provide a written explanation for its rejection of the application to the applicant. The examination and test consist of:

a) Determination of the effectiveness and conformity with technical and environmental standards and regulations applied by the manufacturer to produce the product;

b) Physical inspection of the product; inspection of the commissioning result;

c) Assessment of the technical norms, specifications, limits and functionalities necessary for evidencing the satisfaction or conformity of the product to the technical requirements, standards and regulations applied; including the data on materials, method and process of production and assembly;

d) Inspection of the results of the examination, test and evaluation of the product according to technical regulations and standards applied; conduct or request the applicant to contract a capable independent organization to conduct essential tests, when necessary, to verify the compliance with technical requirements and standards applied;

dd) Inspection of the result of trial operation.

3. A certificate of technical eligibility of aviation equipment or vehicle shall be valid for the equipment and vehicles manufactured, assembled and remodeled according to the design, technical regulations and standards in force.

Article 61. Issuance and revocation of number plates of specialized vehicles operating in airports and aerodromes

1. Airports authorities shall issue number plates to the specialized vehicles operating in airports and aerodromes, except those regularly circulating outside the restricted areas of airports and aerodromes.

2. An aviation service provider shall submit 01 application for issuance of number plate for a specialized vehicle operating in an airport or aerodrome to the relevant airports authority, whether in person or by post or another appropriate manner. The application includes:

a) An application form for issuance of number plate, which specifies the need for the vehicle; its production year and serial number; its status as a new or used vehicle;

b) The certificate of conformity from inspection of technical safety quality and environmental protection.

Within 05 working days from the receipt of the sufficient application, the airports authority shall issue the number plate to the vehicle or provide a written explanation for its rejection of the application.

3. A number plate is revoked in the following cases:

a) The vehicle whose service life is defined by the manufacturer exceeds its service life;

b) The aviation service provider obviates its need for the operation of the vehicle in the airport or aerodrome.

4. If a vehicle whose service life is defined by the manufacturer exceeds its service life, the airports authority shall issue a notification of number plate revocation to the aviation service provider. Within 05 working days from the receipt of the notification, the aviation service provider shall return the number plate to the airports authority.

5. If the aviation service provider obviates its need for the operation of a vehicle in the airport or aerodrome, it shall request the airports authority in writing to revoke the number plate. Within 03 working days from the receipt of the sufficient application, the airports authority shall issue a notification of number plate revocation. Within 05 working days from the receipt of the notification, the aviation service provider shall return the number plate to the airports authority.

Article 62. Cooperation between regulatory bodies at airports/aerodromes

1. The CAAV shall hold conventions with other regulatory bodies, when necessary, on cooperation and resolution of issues concerning operation of airports/aerodromes.

2. Airports authorities shall cooperate with airport/aerodrome operators and works operators in providing and updating airport/aerodrome maps for relevant regulatory bodies at airports/aerodromes; hold monthly or extraordinary meetings to solve issues concerning operation of airports/aerodromes.

Article 63. Regulations on safety of activities at aerodromes

1. Activities of aircraft, vehicles, equipment, persons and items at aerodromes must comply with regulations on aviation security, aviation safety and environmental protection at airport and aerodromes.

2. Vehicles operating in restricted areas of airports and aerodromes must undergo inspection of technical and environmental safety.  The Ministry of Transport shall elaborate on inspection of technical and environmental safety for vehicles operating in restricted areas of airports and aerodromes.

Article 64. Coordinating take-off and landing time slots and use of aprons

1. The CAAV shall decide and announce coordination parameters of an airport/aerodrome on the basis of the following factors:

a) Operational capacity of terminals;

b) Operational capacity of the apron;

c) Operational capacity of runways and air traffic control service.

2. The airport operator shall impose limits of the factors in Points a and b Clause 1 of this Article; air traffic control service providers shall impose limits of the factor in Point c Clause 1 of this Article and report thereon to the CAAV every 2 years, upon changes or upon request.

3. The CAAV shall organize coordination of aircraft take-off and landing time slots according to the announced coordination parameters specified in Clause 1 of this Article and regulations of the Minister of Transport specified in Clause 4 of this Article.

4. The Minister of Transport shall elaborate on procedures, criteria and order of priority for coordination of take-off and landing time slots; reporting regulations; application of information technology, creation of database; mechanism for management, supervision and imposition of penalties for violations against regulations on take-off and landing time slots at Vietnam’s airports and aerodromes.

Article 65. Determination of management areas in civil-military aerodromes

1. Civil-military aerodromes are those that serve both civil and military activities.

2. A civil-military aerodrome includes the following areas:

a) Area dedicated to military activities;

b) Area dedicated to civil activities;

c) Area serving both civil and military activities.

Article 66. Management of civil-military aerodromes

1. Responsibility for management of civil-military aerodromes:

a) The Ministry of National Defense is responsible for management of areas dedicated to military activities;

b) The Ministry of Transport is responsible for management of areas dedicated to civil activities;

c) The Ministry of Transport shall preside over and cooperate with the Ministry of National Defense in determining responsibility for management of areas that serve both civil and military activities.

2. The Ministry of Transport shall preside over and cooperate with the Ministry of National Defense in determining the boundaries of areas dedicated to military activities, areas dedicated to civil activities and areas that serve both civil and military activities.

3. The management and operation of a civil-military aerodrome must be made into a written agreement. The airport/aerodrome operator shall preside over and cooperate with providers of air navigation services and military units in the airport/aerodrome in drafting the agreement, which consists of:

a) The areas and infrastructure under the management of each party; responsibility for management, operation, inspection of operation conditions of the areas that serve both civil and military activities; priority of each area and infrastructure in unexpected or special situations;

b) Cooperation in provision of air navigation and security services in the air operations area; responsibility of parties in an emergency where military aircraft are used;

c) Necessary equipment and personnel for dispatch of civil and military aircraft; cooperation in management and operation of premises, equipment, services dedicated to civil or military purposes where necessary; personnel of air traffic control tower in case of cooperative flights;

d) Responsibility to notify civil and military flight plans to relevant units; cooperation in exchange of information; uniform measures for aviation security and safety assurance;

dd) Special requirements of each party for night flights, low visibility of civil aircraft;

e) Cooperation in construction, renovation, upgrading, repair and operation of infrastructure and equipment in areas dedicated to military and civil activities that might affect each other.

Chapter VII

BUSINESS OPERATION AT AIRPORTS AND AERODROMES, EXCEPT FOR SPECIALIZED AERODROMES

Article 67. Aviation services provided at airports/aerodromes

1. Passenger terminal operation service means organizing operation of a passenger terminal including the cargo assembly area to serve passengers, baggage, cargo, mail, airlines and other organizations and individuals using the passenger terminal on the air transport line.

2. Air operations area service means organizing operation of infrastructure of an aerodrome to serve aircraft operation.

3. Cargo terminal and warehouse operation service means operating a cargo terminal and cargo warehouse. To be specific:

a) Operation of a cargo terminal means receiving, storing, handling and organizing implementation of procedures for aviation security check, customs inspection and supervision and loading onto aircraft of cargo and mail transported by air. The cargo terminal must be located adjacent to the air operations area and directly connected to the apron;

b) Operation of a cargo warehouse means receiving, storing, handling and organizing implementation of procedures for aviation security check, customs inspection and supervision and loading onto aircraft of cargo and mail transported by air. The cargo warehouse must be located inside the airport/aerodrome, adjacent to the air operations area and directly connected to the apron.

4. Air catering service means producing, providing or loading foods, drinks and tools used for meals on board an aircraft and catering supplies onto an aircraft to serve passengers; storing foods, drinks and catering supplies at an airport/aerodrome.

5. Air fuel service means storing and transporting fuel, refuelling and defuelling aircraft at an airport/aerodrome.

6. Ground-based commercial service means serving passengers; serving cargo and mail; serving aircraft on the apron, load control, flight operation and other activities supporting aircraft operations at an airport/aerodrome.

7. Aviation vehicle and equipment maintenance and repair service means conducting repair and maintenance to ensure the satisfaction of technical requirements by aviation vehicle and equipment at an airport/aerodrome.

8. If the infrastructure of aviation service providers is located outside the boundary of the airport/aerodrome but the service provision procedure/line is directly related to regulations on aviation security and operation safety at the airport/aerodrome, it is required to obtain the license to provide aviation services as prescribed.

9. If an airline provides aviation services itself at an airport/aerodrome with respect to its air transport service, the airline shall satisfy the conditions for service provision:

a) Have its organizational machinery that ensures the supply of services directly related to aviation activities at the airport/aerodrome and employ employees that achieve appropriate licenses or certificates and comply with professional requirements concerning operation at the airport/aerodrome;

b) Have equipment, facilities and other conditions necessary for ensuring aviation safety and security;

c) Have its service self-provision covered by the air operator's certificate.

Article 68. Business operation and provision of services at airports/aerodromes

1. Airport enterprises shall decide whether to lease out the premises under their management to other entities for provision of aviation and non-aviation services as prescribed.

2. An airport enterprise shall conclude a contract with the enterprise granted the license to provide aviation services at airports/aerodromes by CAAV within 30 days from the receipt of the request from the aviation service provider.

Article 69. Provision of aviation services at airports/aerodromes

1. Providers of aviation services at airports/aerodromes shall provide services within the scope of the license; are permitted to invest in construction of works serving the process of provision of services as prescribed by law; sign contracts with airport enterprises.

2. Every provider of aviation services at airports/aerodromes must have a backup plan for ensuring continuous service provision without interrupting aviation activities, and are permitted to decide and take responsibility for suspension of service provision under contracts and regulations of law. An advance notice of the unilateral suspension of services must be must be sent to CAAV and relevant partners at least 7 working days before the intended date of suspension. Explanation must be provided.

3. Providers of aviation services at airports/aerodromes must comply with regulations on aviation security and safety, fire safety, environmental safety, service prices, assurance of satisfaction of service standards, and service quality.

4. Providers of aviation services at airports/aerodromes must ensure that their technical infrastructure and environmental works are synchronous and compatible with the technical and environmental infrastructure of the airport/aerodrome operator and obliged to fully comply with environmental requirements laid down by regulatory bodies.

Article 70. Provision of non-aviation services at airports/aerodromes

1. The provision of non-aviation services at an airport must not affect the provision and quality of air transport services. The premises for provision of non-aviation services in a passenger or cargo terminal must comply with the work operation literature.

2. The provision of non-aviation services at the airport must satisfy the basic need for services and be suitable for nature, scale and conditions of the airport infrastructure. The selection of an organization or individual for provision of non-aviation services at an airport shall be carried out according to the principle of competitiveness and antitrust.

3. It is not allowed to provide non-aviation services in the air operations area, except for essential services including grass trimming; construction, installation, cleaning, repair, maintenance of aviation works and equipment and advertising services specified in Article 71 hereof.

4. Airports authorities shall supervise the provision of non-aviation services to satisfy demands at airports; suspend or request works operators to terminate contracts to provide non-aviation services with entities that violate regulations of law.

5. Providers of non-aviation services at airports/aerodromes must comply with regulations on aviation security and safety, fire safety, environmental safety, food safety and service pricing; ensure satisfaction of standards and quality of sold services and products; openly post prices; ensure courteousness; ensure that products are duly marked and issued with the certificate of quality/origin.

6. Technical and environmental works of non-aviation service providers must be synchronous and compatible with technical and environmental infrastructure of the airport/aerodrome operator.

Article 71. Advertisement at airports/aerodromes

1. The formulation of planning for, construction, installation and licensing of advertising works at airports/aerodromes shall comply with regulations of law on advertisement and law on construction of works.

2. Airport enterprises and works operators are entitled to conduct advertising activities in accordance with regulations of law on advertisement within the scope of management or operation.

3. The construction of advertising works and the installation of advertising facilities shall be subject to the following requirements:

a) No interference with the aesthetic and architectural features of the terminals and the signs inside the terminals;

b) No placement of advertising panels or use of fliers and sound for advertisement in the air operations area;

c) No placement of advertising panels at emergency exits of the premises;

d) No placement of advertising panels that interfere with aviation safety, aviation security, fire safety, traffic safety or movement of persons and vehicles;

dd) No use of sound for advertisement in works of the airport/aerodrome infrastructure; in other works, causing interference with aviation services;

e) No installation of light boards and advertising panels whose rotary lamp, laser light protector and lighting device interfere with the flight activities in the airport/aerodrome;

g) No use of hot air balloons, balloons, kites and other flying objects for advertisement in the airport/aerodrome;

h) No installation of electronic devices and screens for advertisement on the ground vehicles operating in restricted areas of the airport/aerodrome or the equipment in the apron;

i) No advertisement on the ground vehicles operating in restricted areas of the airport/aerodrome or the equipment in the apron, causing interference with flight activities or normal functionalities of such vehicles and equipment.

4. Airports authorities shall inspect and supervise the construction of advertising works and the advertising activities; suspend those in violation of the laws; notify and cooperate with relevant competent authorities in taking actions against violations of regulations on construction of advertising works and advertising activities at airports and aerodromes.

Chapter VIII

IMPLEMENTATION CLAUSE

Article 72. Effect

This Decree comes into force from March 10, 2021 and supersedes the Government’s Decree No. 102/2015/ND-CP dated October 20, 2015 on management and operation of airports and aerodromes.

Article 73. Implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities and relevant agencies are responsible for the implementation of this Decree./.