DECREE

AMENDMENTS TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 05/2021/ND-CP DATED JANUARY 25, 2021 ON MANAGEMENT AND OPERATION OF AIRPORTS AND AERODROMES AND GOVERNMENT’S DECREE NO. 64/2022/ND-CP DATED SEPTEMBER 15, 2022 ON AMENDMENTS TO SOME ARTICLES OF DECREES ON BUSINESS OPERATIONS IN CIVIL AVIATION INDUSTRY

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

Pursuant to the Law on Vietnam Civil Aviation dated June 29, 2006; Law dated November 21, 2014 on Amendments to some Articles of the Law on Vietnam Civil Aviation;

At the request of the Minister of Transport;

The Government hereby promulgates a Decree on amendments to some Articles of the Government’s Decree No. 05/2021/ND-CP dated January 25, 2021 on management and operation of airports and aerodromes and Government’s Decree No. 64/2022/ND-CP dated September 15, 2022 on amendments to some Articles of Decrees on business operations in civil aviation industry.

Article 1. Amendments to some Articles of the Government’s Decree No. 05/2021/ND-CP dated January 25, 2021 on management and operation of airports and aerodromes

1. Clause 6 of Article 3 is amended as follows:

...

...

...

2. Clause 6 of Article 51 is amended as follows:

 “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 work of the airport/aerodrome infrastructure according to the Form No. 11 in the Appendix to this Decree; decide the partial suspension of the work of the airport/aerodrome infrastructure according to the Form No. 12 in the Appendix to this Decree and send the result to the operator of the work of the airport/aerodrome infrastructure, whether in person or by post or online or by another appropriate method. If the application is rejected, the CAAV shall provide a written explanation.”.

3. Article 52 is amended as follows:

 “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 online or by another appropriate method. The application includes:

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

b) A copy or electronic copy of the establishment decision of the proprietor or the organization designated to manage the airport or aerodrome (if the enterprise registration certificate is unavailable);

c) A copy or electronic copy of the 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 or electronic 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.

...

...

...

3. Within 10 days from the receipt of the valid application pursuant to regulations, the CAAV shall appraise 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 appraisal, the airports authority shall issue the issue the airport/aerodrome registration certificate as defined in Form No. 02 in the Appendix hereof and send it to the proprietor or the organization designated to manage the airport or aerodrome, whether in person or by post or online or by another appropriate method; send the result of issuance of the airport/aerodrome registration certificate to the CAAV in order for it to register the airport/aerodrome in the airport and aerodrome register book.

In case of rejection of the application, the airports authority shall provide a written explanation therefor.

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 airports authority, whether in person, by post or online or by another appropriate method to apply for re-issuance.

Within 03 working days from the receipt of the form as regulated, the airports authority shall consider re-issuing the airport/aerodrome registration certificate and send it to the applicant, whether in person, by post or online or by another appropriate method. In case of rejection of the application, the airports authority shall provide a written explanation therefor.

...

...

...

4. Article 60 is amended as follows:

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

1. For the aviation equipment or vehicle operating in the airport or aerodrome is under the management of 01 airports authority, the airports authority shall issue the certificate of technical eligibility to the aviation equipment or vehicle manufactured, assembled or remodeled in Vietnam.

2. Except for the cases specified in clause 1 of this Article, the CAAV shall issue the certificate of technical eligibility to the aviation equipment or vehicle manufactured, assembled or remodeled in Vietnam

3. An applicant for the certificate of technical eligibility of aviation equipment or vehicle manufactured, assembled or remodeled in Vietnam shall submit an application to the airports authority as prescribed in clause 1 of this Article or to the CAAV as prescribed in clause 2 of this Article, whether in person, by post or online or by another appropriate method. The application consists of:

a) The application form defined in Form No. 08a in the Appendix hereof;

b) Copies or electronic copies of the standards and technical regulations applied;

c) Copies or electronic 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 or electronic copy of the transfer record or the pre-operation commissioning record;

...

...

...

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

4. Within 15 days from the receipt of the application as regulated, the airports authority (prescribed in clause 1 of this Article) or the CAAV (prescribed in clause 2 of this Article) 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 (for the CAAV) and Form No. 10 (for the airports authority) in the Appendix hereof or provide a written explanation for its rejection of the application to the applicant.  The examination consist of:

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

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

d) Inspection of the results of the essential examination and evaluation of the product according to technical regulations and standards applied; Regarding aviation equipment or vehicle manufactured, assembled or remodeled in Vietnam applying the world’s advanced technology which Vietnam has yet to, conduct or request the applicant to contract a capable independent organization to conduct essential examination and tests to appraise the compliance with technical requirements and standards applied;

d) Inspection of the result of trial operation.”.

5. Point b clause 2 of Article 61 is amended as follows:

“b) A copy or electronic copy of the certificate of conformity from inspection of technical safety quality and environmental protection for specialized vehicles that are required to have 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.”.

...

...

...

a) Clause 3 of Article 67 is amended as follows:

 “3. Cargo terminal and warehouse operation service is prescribed as follows:

a) Operation of a cargo terminal includes activities related to the operation of such terminal, meeting the requirements for aviation security check, customs inspection and supervision for international cargo according to regulations on cargo and mail transported by air. The cargo terminal is located adjacent to the air operations area and directly connected to the apron;

b) Operation of a cargo warehouse includes activities related to the operation of such warehouse, meeting the requirements for aviation security check, customs inspection and supervision for international cargo according to regulations on cargo and mail transported by air. The cargo warehouse is not located adjacent to the air operations area and not directly connected to the apron.”.

b) Clause 6 of Article 67 is amended as follows:

 “6. Ground-based commercial service includes activities intended for performing the function of serving passengers; serving baggage; serving cargo and mail; serving aircraft on the apron, load control, flight operation and other activities supporting aircraft operations at an airport/aerodrome.”.

7. The Forms No. 01, 02, 03, 05, 06, 08 and 09 in the Appendix to the Decree No. 05/2021/ND-CP are replaced with the Forms No. 01, 02, 03, 05, 06, 08 and 09 respectively in the Appendix to this Decree.

8. Forms No. 8a, 10, 11 and 12 are added to the Appendix to this Decree.

9. The phrase “Cục Hàng không Việt Nam” (“Civil Aviation Authority of Vietnam”) in clauses 2 and 3 of Article 53 is replaced with “Cảng vụ hàng không” (“airports authority”).

...

...

...

11. The phrase "Bản sao" ("copy") in clause 1 Article 43; clause 4 Article 49; clause 5 Article 50; point b clause 4, clause 5, point c clause 9 Article 51; clause 2 Article 53; clause 6 Article 55; point c clause 2 Article 56; point c clause 1, point b clause 4 Article 57; point c, point d clause 1, point a clause 4, point a clause 6, point b and point c clause 7 Article 59 amended by Article 3 of the Decree No. 64/2022/ND-CP is replaced with "Bản sao hoặc bản sao điện tử" ("Copy or electronic copy").

12. The phrase "Bản sao hoặc bản sao điện tử" ("Copy or electronic copy") is added before the document specified in point dd clause 1 of Article 57.

13. The phrase "Bản sao hoặc bản sao điện tử" ("Copy or electronic copy") is added before the document specified in point c clause 4, point b clause 9 Article 51; point b clause 1 Article 55; point b clause 2 Article 56 amended by Article 3 of the Decree No. 64/2022/ND-CP.

Article 2. Repeal of some Articles of the Government’s Decree No. 64/2022/ND-CP dated September 15, 2022 on amendments to some Articles of Decrees on business operations in civil aviation industry

Point c clause 5; clause 6; point a clause 7; point a and point b clause 10; clause 13; phrase “khoản 1 Điều 52” (“clause 1 Article 52”) and “khoản 1 Điều 60” (“clause 1 Article 52”) in clause 12 of Article 3 are repealed.

Article 3. Implementation clause

1. This Decree comes into force from April 10, 2024.

2. Transitional clauses:

a) Any certificate issued by the competent authority as prescribed by law prior to the effective date of this Decree shall remain effective until it is re-issued, amended, supplemented or revoked as prescribed by law.

...

...

...

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

ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER




Tran Hong Ha