| MINISTRY OF TRANSPORT | THE SOCIALIST REPUBLIC OF VIETNAM |
| No. 64/VBHN-BGTVT | Hanoi, November 02, 2022 |
PROVIDING FOR CONDITIONAL BUSINESS LINES IN THE CIVIL AVIATION INDUSTRY
The Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 providing for conditional business lines in the civil aviation industry, which has been effective since July 01, 2016, is amended by:
1. The Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
2. 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, which has been effective since September 15, 2022.
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Vietnam Civil Aviation dated June 29, 2006 and Law on Amendments to some Articles of the Law on Vietnam Civil Aviation dated November 21, 2014;
Pursuant to the Law on Investment dated November 26, 2014;
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The Government hereby a Decree providing for conditional business lines in the civil aviation industry.[1]
1. This Decree provides for conditional business lines in the civil aviation industry, including:
a) Air transport business;
b) Airport or airdrome business;
c) Airport and airdrome service business;
d) Design, manufacture, maintenance or testing of aircraft, engines, propellers and equipment thereof in Vietnam;
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e) Aviation staff training, coaching and mentoring service business.
2. This Decree shall not apply to specialized aerodromes.
This Decree shall apply to organizations or individuals engaged in providing for conditional business sectors or activities in the civil aviation industry within the territory of Vietnam.
1. “airport or aerodrome service business” refers to the services directly involved in aircraft operations, air transport operations and flight operations performed at airports or airdromes.
2. “airport operation service business” refers to profitable airfield and other airport infrastructure operations under the authority of airport corporations.
3. Air transport service business includes two forms of air transport service business and general aviation service business.
a) Air transport service business refers to air transportation of passengers, luggage, goods and postal items for profitable purposes.
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Article 4. Capital confirmation
1. The confirmation of capital contribution shall conform to the following regulations:
a) With respect to the capital contribution denominated in Vietnamese dong and a freely convertible foreign currency, the confirmation of escrow fund by a credit institution must be submitted by an organization or individual applying for a license. The release of escrow fund held by a credit institution shall only be performed after an organization or individual obtains a license, or otherwise receives a written notification of refusal to issue such license;
b) With respect to capital contribution made in the form of an asset directly serving business purposes, the certificate of valuation issued by a valuation body having authority to attest monetary value of an asset on the date of preparation of an application dossier for a license in accordance with laws on valuation;
c)[2] Enterprises currently involved in conditional business lines in the civil aviation industry which increase or reduce their capital to satisfy requirements concerning capital for expanding or narrowing scope of business, adding or reducing other conditional business lines specified in this Decree may use the financial statement receiving an auditor’s unqualified opinion prepared in the 02 years immediately preceding the date of submission of the application dossier, or the bank guarantee as a capital confirmation or the statement of changes in capital audited at the date of submission of the application dossier.
2. With respect to enterprises involved in multiple conditional business and investment sectors or activities referred to herein, the minimum applicable amount of capital is the highest level of capital required in all of business sectors and activities.
3. Any organization or individual directly providing a confirmation of capital owned by an enterprise shall assume responsibility for accuracy and authenticity of data on the date of submission of such confirmation.
AIR TRANSPORT SERVICE BUSINESS
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1. Meet requirements concerning plans to ensure availability of aircraft for operations, organizational machinery, capital, business plans and product development tactics referred to in Article 6, 7, 8, 9 hereof.
2. Regulations laid down in this Chapter shall not apply to training, coaching or mentoring services provided to crew members, and coaches.
Article 6. Requirements concerning plans to ensure availability of aircraft for operations [4]
1. A plan to ensure that aircraft is available for operations shall include the following contents:
a) The number, type and service life of aircraft;
b) The form of ownership;
c) Operation and maintenance planning and scheduling, and arrangements for personnel to meet aircraft operation and maintenance requirements;
2. The minimum number of aircraft required for the entire process of providing air transport services is 03; for general aviation business is 01.
Article 7. Requirements concerning organizational machinery [5]
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2. Appoint the person responsible for the system for aircraft safety, security management and operation, and aircraft maintenance and flight training, who must acquire the minimum of 03 years’ continuously working experience related to his/her appointment, and achieve certificates or degrees which are issued or recognized in accordance with regulations of law on civil aviation.
3. With regard to foreign-invested enterprises, the number of foreign members shall not exceed one third of total membership participating in the management board. The management board as the basis for calculation of this ratio shall be composed of:
a) Director General (Director), Deputy Director General (Deputy Director);
b) Chief accountant;
c) Persons taking charge of specific activities, such as safety management system; aircraft operations; aircraft maintenance; aircrew training and persons holding equivalent positions according to the enterprises’ organizational machinery.
Article 8. Requirements concerning capital [6]
1. The minimum amount of capital (including equity and loans) required for establishment and maintenance of an airline shall comply with the following regulations:
a) With regard to an airline operating up to 10 aircrafts, the minimum amount of capital shall be VND 300 billion;
b) With regard to an airline operating from 11 to 30 aircrafts, the minimum amount of capital shall be VND 600 billion;
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2. The minimum amount of capital required for establishment and maintenance of a general aviation enterprise shall be VND 100 billion.
3. A foreign-invested airline must conform to the following requirements:
a) Foreign ownership shall not exceed 34% of the charter capital;
b) There is at least one Vietnamese natural or juridical person owning the highest share of charter capital;
c) In cases where a Vietnamese juridical person has foreign investment capital, the foreign share of equity participation shall not exceed 49% of the charter capital of that juridical person.
Article 9. Business plans and developmental tactics [7]
Business plans and developmental tactics of an airline shall be composed of the following:
1. Anticipation of market demands and market growth trends.
2. Evaluation of actual status and level of competitiveness of services launched in the market.
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1. The applicant for an air transport business license or general aviation business license shall send 01 set of application to the Civil Aviation Authority of Vietnam, whether directly or by post or another appropriate manner and assume responsibility for accuracy and truthfulness of information included in such application.
2. The application shall include:
a) An application form, which is made using the Form No. 01 in the Appendix hereof;
b) A report (enclosed with documentary evidences) on fulfillment of eligibility requirements for air transport business, which includes: a plan concerning number of aircraft to be operated; plan concerning the organizational machinery serving aircraft operation, air transport business, business plan and product development tactic; brand to be used; organizational structure of the enterprise;
c) An original of the capital confirmation;
d) Copies from the master register or copies presented together with their originals for comparison or certified true copies (if the application is submitted in person); certified true copies (if the application is submitted by post) of the following documents: appointment decision and employment contract, copy of the decree or professional certificate of the responsible person referred to in Article 7 hereof;
dd) The agreement in principle or agreement on aircraft purchase, lease-purchase or charter;
e) The enterprise’s charter;
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3. If the application is not satisfactory, within 03 working days from the receipt of that application, the Civil Aviation Authority of Vietnam shall send a written response to the applicant and provide guidance on improvement of the application as prescribed.
4. Within 20 days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall send an evaluation report to the Ministry of Transport.
5. Within 15 days from the receipt of the evaluation report, the Ministry of Transport shall consider and submit that report to the Prime Minister. In case of rejection of such evaluation report, a written response, expressing reasons therefor should be sent to the Civil Aviation Authority of Vietnam.
6. Within 10 days from the receipt of the statement on evaluation results from the Ministry of Transport, the Prime Minister shall consider permitting the Ministry of Transport to grant the air transport business license or general aviation business license. In case of refuse to grant permission, the Prime Minister shall notify the Ministry of Transport and clearly state reasons therefor.
7. Within 05 working days from the receipt of the Prime Minister’s written opinion, the Ministry of Transport shall grant the air transport business license or general aviation business license by using the Form No. 02 in the Appendix hereof or notify the Prime Minister’s opinion on refusal to grant the license.
1. If the air transport business license or general aviation business license is lost, torn, damaged, has its contents changed or is eliminated or cancelled due to failure to satisfy the requirements mentioned in Points a, c, d and dd Clause 1 Article 12 of this Decree.
2. The airline shall submit 01 set of application to the Civil Aviation Authority of Vietnam, whether directly or by post or another appropriate manner and assume responsibility for accuracy and truthfulness of information included in such application.
3. Procedures for re-issuance of a license due to any change in contents of that license:
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b) Within 15 days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall send an evaluation report to the Ministry of Transport;
c) Within 03 working days from the receipt of the evaluation report, the Ministry of Transport shall re-issue a license using the Form No. 02 in the Appendix hereof. In case of rejection of such evaluation report, a written response, expressing reasons therefor should be sent to the Civil Aviation Authority of Vietnam.
4. Procedures for re-issuance of a license due to loss, wear and tear or damage:
a) The application includes: an application form, which is made using the Form No. 01 in the Appendix hereof;
b) Within 03 working days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall submit a report to the Ministry of Transport;
c) Within 02 working days from the receipt of the report, the Ministry of Transport shall consider re-issuing a license using the Form No. 02 in the Appendix hereof. In case of rejection of such report, a written response, expressing reasons therefor should be sent to the Civil Aviation Authority of Vietnam.
5. Procedures for re-issuance of a license due to invalidation or cancellation:
a) The application includes the documents mentioned in Points a, b, c, d, dd and g Clause 2 Article 10 of this Decree;
b) If the application is not satisfactory, within 03 working days from the receipt of that application, the Civil Aviation Authority of Vietnam shall send a written response to the applicant and provide guidance on improvement of the application as prescribed;
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d) Within 03 working days from the receipt of the evaluation report, the Ministry of Transport shall re-issue a license using the Form No. 02 in the Appendix hereof. In case of rejection of such report, a written response, expressing reasons therefor should be sent to the Civil Aviation Authority of Vietnam.
6. The re-issued license must include regulations on elimination of any license which has been lost, torn, damaged or changed in terms of its contents.
Article 12. Elimination of an air transport business license or general aviation business license [10]
1. An air transport business license or general aviation business license shall be invalidated and eliminated in the following cases:
a) Fail to meet capital adequacy requirements within for a consecutive period of 03 years;
b) Intentionally falsify information included in the application;
c) Cease air transport service operations for a consecutive period of 36 months;
d) Fail to apply for an air operator’s certificate within a permitted period of 36 months from the date of issuance of a license;
dd) Have an air operator’s certificate which is revoked or eliminated for a period of more than 36 months, and is not re-issued;
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g) Deliberately breach regulations of law on security and national defense;
h) Commit serious violations against laws on aviation security, safety, organizational machinery for administration and operation of air transport and general aviation services;
i) Terminate operations according to laws or upon the request of an airline;
k) No longer meet licensing requirements in accordance with laws.
2. In case of a license subject to invalidation or elimination, the Ministry of Transport shall grant a decision on elimination of that license and an airline must immediately put an end to its air transport operations.
Article 12a. Changes to be reported by airlines [11]
Every airline shall submit a report to the Civil Aviation Authority of Vietnam within 30 days from date on which the following tasks are performed:
1. Amendment to its Charter or Conditions of Carriage;
2. Change of contents of the enterprise registration certificate;
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4. Change of a member of the management board;
5. Change of a shareholder holding at least 5% of the charter capital.
Article 12b. Management of air transport business [12]
1. An airline is entitled to provide air transport services after complying with regulations on air operators promulgated by the Minister of Transport.
2. The airline must ensure that number of chartered aircraft with aircrews shall not:
a) account for more than 30% of an aircraft fleet;
b) exceed 10.
Article 12c. Measures to manage air transport [13]
1. Every airline is granted the freedoms of the air shall adhere to the confirmed flight schedules, take off time and landing time.
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Article 12d. Management of aircraft imported into Vietnam [14]
1. The service life of used aircraft imported into Vietnam shall be provided for as follows:
a) With regard to aircraft used for carriage of passengers, the service life must be a period of less than 10 years ranging from the date of manufacture to the date of importation under terms and conditions of a purchase or lease-purchase agreement; a period of less than 20 years ranging from the date of manufacture to the date of termination of an aircraft charter agreement. As for used helicopters, the service life must be a period of less than 25 years ranging from the date of manufacture to the date of termination of a charter agreement;
b) With regard to aircraft used for transportation of goods, letter post, postal parcels, and for general aviation business, the service life must be a period of less than 15 years ranging from the date of manufacture to the date of importation under terms and conditions of a purchase or lease-purchase agreement; a period of less than 25 years ranging from the date of manufacture to the date of termination of a charter agreement;
c) With regard to aircraft other than that specified in Points a and b of this Clause, the service life must be a period of less than 20 years ranging from the date of manufacture to the date of importation under terms and conditions of a purchase or lease-purchase agreement; a period of less than 30 years ranging from the date of manufacture to the date of termination of an aircraft charter agreement.
2. Aircraft imported into Vietnam must have a type certificate granted by the Federal Aviation Administration of the United States (FAA) or European Aviation Safety Agency or Aviation Authority of Vietnam.
3. [15] The regulations enshrined in clauses 1 and 2 of this Article do not apply to the aircraft used for national defense and security purposes.
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1. The Minister of Transport shall consent to the policy on investment in airport or airdrome business with respect to establishment of an airport enterprise, transfer of shares, portions of equity participation held by an airport enterprise to a foreign investor.
2. A license for airport or airdrome business shall be granted if requirements stated in Article 14 hereof are satisfied.
Article 14. Eligibility requirements for issuance of an airport business license [16]
1. Have documents that explain fulfillment of the requirements for aviation safety and security specified in Clause 2 Article 63 of the Law on Vietnam Civil Aviation and Annex 14 of the Convention on International Civil Aviation.
2. Fulfill requirements concerning capital as follows:
a) The minimum amount of capital required for establishment and maintenance of an airport enterprise shall be VND 100 billion;
b) Foreign ownership shall not exceed 30% of the charter capital.
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1. Airport or airdrome services shall include:
a) Passenger terminal operation services;
b) Airfield operation services;
c) Air cargo terminal or warehouse operation services;
d) Aviation fuel supply services;
dd) Ground engineering and commercial services;
e) Airline catering services;
g) Aviation equipment repair and maintenance services;
h) Aviation engineering services;
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2. Air service enterprises shall be entitled to provide air services referred to in Clause 1 of this Article after obtaining the license for airport or airdrome service supply, unless otherwise stipulated by Clauses 3 and 4 of this Article.
3. Airfield operation services shall be provided by airport enterprises or any organization in the exercise of authority delegated by the Ministry of Transport to manage airport infrastructure.
4. Aviation security services shall be provided by the aviation security control force which is organized in accordance with Article 195 of the Law on Vietnam Civil Aviation.
Article 16. Licensing requirements for air service business at airport/aerodrome [17]
1. [18] Every airport/aerodrome service provider shall satisfy the requirements specified in Points b, c and d clause 2 Article 65 of the Law on Vietnam Civil Aviation and undergo appraisal and evaluation carried out by the Civil Aviation Authority of Vietnam according to the corresponding service sub-sector specified in clause 1 Article 15 hereof.
2. The minimum amount of capital required for establishment and maintenance of an airport/aerodrome service provider shall comply with the following regulations:
a) Passenger terminal operation services: VND 30 billion;
b) Air cargo terminal or warehouse operation services: VND 30 billion;
c) Aviation fuel supply services: VND 30 billion.
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3. As for providers of passenger terminal, air cargo terminal operation, fuel supply, ground engineering and commercial, and airfield operation services, foreign equity participation shall not exceed 30% of the charter capital of these providers.
Article 17. Requirements concerning capital
1. The minimum amount of capital required for establishment and maintenance of an airport/airdrome service provider shall comply with the following regulations:
a) Passenger terminal operation services: VND 30 billion;
b) Air cargo terminal or warehouse operation services: VND 30 billion;
c) Aviation fuel supply services: VND 30 billion.
2. As for providers of passenger terminal, air cargo terminal operation, fuel supply, ground engineering and commercial, and airfield operation services, foreign equity participation shall not exceed 30% of the charter capital of these providers.
Article 18. Licensing requirements for air service business at airport/aerodrome [20]
1. [21] Individuals or organizations applying for a license for airport/airdrome service shall send 01 set of application to the Civil Aviation Authority of Vietnam , whether directly, by post or another appropriate method and assume responsibility for accuracy and truthfulness of information in such application. The application includes:
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b) A copy of the document that explain fulfillment of the requirements specified in Clause 1 Article 16 hereof;
c) An original or electronic copy of the capital confirmation, except for the case specified in Clause 2a Article 16 hereof.
2. [22] Within 12 days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall issue the license for airport/airdrome service supply using the Form No. 04 in the Appendix hereof. In case of rejection of the application, the Civil Aviation Authority of Vietnam shall respond and provide explanation in writing.
If the application is not satisfactory, within 03 working days from the receipt of that application, the Civil Aviation Authority of Vietnam shall send a written response to the applicant and provide guidance on improvement of the application as prescribed.
Result shall be returned at the Civil Aviation Authority of Vietnam or by post or online or another appropriate method as prescribed.
3. The Civil Aviation Authority of Vietnam shall report the issuance of licenses to the airport authority to conduct any inspection or control.
Article 19. Procedures for reissuance of a license for airport/airdrome service supply
1. In case of loss, wear and tear, damage or change in contents of a license for airport, airdrome service supply, it shall be re-issued.
2. Any individual or organization applying for reissuance of a license for airport/airdrome service supply shall send 01 set of application to the Civil Aviation Authority of Vietnam, whether directly, by post or another appropriate method[23] and assume responsibility for accuracy and truthfulness of information in such application. The application includes:
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b)[24] Copies of documents relating to the change of contents of the license (if any).
3. With respect to any license reissued because of any change in contents thereof, within a permitted period of 05 working days of receipt of the required dossier, the Civil Aviation Authority of Vietnam shall re-issue a license for airport, airdrome service supply. In case of refusal to grant such license, a written response to the applicant, expressing reasons therefor, must be sent.
4. With respect to re-issuance of a license which has been lost, torn or damaged, within a permitted period of 03 working days of receipt of the application, the Civil Aviation Authority of Vietnam shall be responsible for considering and making its decision on re-issuance of that license, or sending a notification of rejection to the applicant.
5. The Civil Aviation Authority of Vietnam shall send a notification of re-issuance of a license to the airport authority to conduct any inspection or control operation.
6. [25] Result shall be returned at the Civil Aviation Authority of Vietnam or by post or online or another appropriate method as prescribed.
Article 20. Elimination or cancellation of a license for airport/airdrome service supply
1. A license for air service supply shall be eliminated or cancelled in the following cases:
a) Provide unauthentic information included in the application dossier;
b) Fail to meet minimum capital requirements during operations;
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d) Terminate operations according to laws or upon the request of an enterprise;
dd) Receive the Civil Aviation Authority of Vietnam’s third warning within 12 months without taking any remedial actions;
e) Commit serious violations against regulations on aviation security, safety, regulatory business requirements, service price, fire fighting and prevention, and environmental protection;
g) Pend supply of airport, airdrome services that must be commenced within a permitted period of 12 months from the date of issuance of a license.
2. The Civil Aviation Authority of Vietnam shall issue a decision on elimination or cancellation of a license, expressing reasons therefor. Upon receipt of the decision, enterprises supplying airport/aerodrome services must immediately terminate their supply of such services.
DESIGN, MANUFACTURE, MAINTENANCE, TESTING OF AIRCRAFT, ENGINES, PROPELLERS AND EQUIPMENT THEREOF
Article 21. Conformity requirements for supply of services relating to maintenance of aircraft, propellers and equipment within Vietnam [26]
1. A provider supplying services relating to maintenance of aircraft, propellers and equipment within Vietnam must be granted the approved maintenance organization (AMO) certificate by the Civil Aviation Authority of Vietnam.
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3. This Article shall be only applied to maintenance of aircraft that has the registration of Vietnamese nationality, propeller and equipment within Vietnam.
Article 22. Eligibility requirements for providers of services related to design, manufacture or testing of aircraft, engines, propellers and equipment within Vietnam [27]
1. Ensure that providers of services related to design, manufacture or testing of aircraft, engines, propellers and equipment have been granted the aircraft, engine, propeller and equipment design, manufacture or testing organization approval certificate by the Civil Aviation Authority of Vietnam.
2. Eligibility requirements for issuance of the aircraft, engine, propeller and equipment design, manufacture or testing organization approval certificate within Vietnam as prescribed in Clause 1 of this Article:
a) Have aircraft, engine, propeller and equipment approved design, manufacture or testing organization procedures manual, which proves the provider’s capability;
b) Have a manufacture, design, maintenance or testing procedure.
3. This Article shall be only applied to the case in which design, manufacture or testing of aircraft, engines, propellers and equipment within Vietnam comply with the type certificate granted by the Civil Aviation Authority of Vietnam.
AIR NAVIGATION SERVICE BUSINESS
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1. Ensure that providers of air navigation services, technical systems and equipment have been licensed for operations by the Civil Aviation Authority of Vietnam provided that they conform to regulatory requirements concerning technical systems, equipment and operational processes in uniformity with civil aviation technical regulations and standards.
2. Fulfill requirements concerning capital as follows:
a) Providers of air traffic and aeronautical information, search and rescue services must be wholly state-owned ones;
b) A provider of communication, navigation and surveillance, and aviation meteorology services must have state-owned equity participation which is not less than 65% of its charter capital, and foreign equity participation which does not exceed 30% of its charter capital.
AVIATION STAFF TRAINING, COACHING AND MENTORING SERVICE BUSINESS
Article 24. Requirements for aviation staff training, coaching and mentoring service business
Providers of aviation staff training, coaching and mentoring services shall be granted the certificate of fulfillment of conditions for supply of aviation staff training, coaching and mentoring services when the following requirements are satisfied:
1. Requirements concerning the organizational machinery, facilities, equipment, components and teaching staff shall be provided for in Article 25, 26 hereof;
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Article 25. Conformity requirements to be satisfied by aviation staff training, coaching and mentoring service providers [29]
An aviation staff training, coaching and mentoring service provider shall satisfy the following conformity requirements:
1. Have documents that explain facilities conform to aviation technical regulations and standards promulgated by the Minister of Transport.
2. Have documents that explain training courses, training or coaching materials are designed in accordance with regulations of the Minister of Transport.
3. Ensure that it recruits the adequate number of theory and practice-based instructors or coaches so that at least 01 instructor or coach will be in charge of an aviation subject.
Article 26. Instructors or coaches of aviation staff training, coaching and mentoring service providers [30]
An aviation instructor or coach shall satisfy one of the following requirements:
1. Obtain professional certificates as prescribed in legislative documents on aviation or acquire 5 years’ professional experience in their assigned subjects.
2. Obtain a certificate of pedagogical training in accordance with laws on education or vocational education.
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1. The aviation staff training, coaching and mentoring service provider shall submit 01 set of application to the Civil Aviation Authority of Vietnam, whether directly, by post or another appropriate manner. The application includes:
a) An application form, which is made using the Form No. 05 in the Appendix hereof;
b) Documents that explain fulfillment of the requirements specified in Articles 25 and 26 hereof.
2. Explanatory documents include:
a) List of instructors or coaches;
b) Report on facilities: classrooms, equipment, devices, practice learning facilities developed to ensure compliance with training contents;
c) Report on theory or practice-based training or coaching programs, materials and resources used for specific subjects;
d) Report on the organizational system, machinery, management staff and administrative documents or records used for administering aviation staff training, coaching and mentoring operations.
3. [32] Within 20 days from the receipt of the required application, the CAAV shall appraise it and carry out a site inspection of the provider; request the applicant to further explain, improve or correct submitted documents; issue the certificate of eligibility for provision of aviation staff training, coaching and mentoring services to the applicant by completing the Form No. 07 stipulated in the Appendix hereto and return the result in person or by post or another appropriate method to the applicant. In case of rejection of the application, respond and provide explanation in writing.
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1. In case of loss, wear and tear, damage or change in contents of that certificate, it shall be re-issued.
2. The application dossier for reissuance shall be comprised of the following:
a) The application form according to the form No. 06 as stipulated in the Appendix hereto;
b) Relevant documents related to any change in contents of the certificate (if any).
3. With respect to re-issuance of a certificate which has been lost, torn or damaged, within a permitted period of 03 working days of receipt of the required application dossier, the Civil Aviation Authority of Vietnam shall re-issue the certificate or send a notification of refusal in which reasons therefor must be expressed.
4. [33] With respect to any improvement or modification of a certificate, within 15 days from the receipt of the required application, the Civil Aviation Authority of Vietnam shall verify the application and carry out a site inspection of the provider; request the applicant to further explain, improve or correct submitted documents; re-issue the certificate of eligibility for provision of aviation staff training, coaching and mentoring services to the applicant, or send a written notification of refusal in which reasons therefor must be expressed.
1. That certificate shall be eliminated or cancelled in the following cases:
a) Terminate operations according to laws or upon the request of the provider fulfilling conditions for aviation staff training, coaching and mentoring services;
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c) Misuse contents stated in a certificate;
d) Intentionally violate aviation security and safety regulations;
dd) Fail to maintain fulfillment of conditions stated in the issued certificate;
e) Find that the certificate has been erased, defaced or altered.
2. In case of a certificate subject to cancellation or elimination, the Civil Aviation Authority of Vietnam shall grant a decision on elimination or cancellation of that certificate. In such case, aviation staff training, coaching and mentoring providers must immediately terminate their operations under the decision of the Civil Aviation Authority of Vietnam.
1. Ensure that their operations comply with contents given in a license or certificate issued by competent authorities.
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3. Comply with conformity requirements for their operations in accordance with laws on civil aviation.
4. With respect to those that must conform to minimum capital requirements, they shall be obliged to send financial statements subject to auditor's unqualified opinions to the Civil Aviation Authority of Vietnam on an annual basis to implement regulations on inspection and oversight of conformity to capital safety requirements referred to in this Decree.
Article 31. Entry into force [34]
1. This Decree shall enter into force from July 01, 2016.
2. This Decree shall repeal:
a) Article 5 through Article 19 of the Government’s Decree No. 30/2013/ND-CP dated April 8, 2013 on air transport business and general aviation operations;
b) Article 36 and 37, Clause 1 Article 38, Clause 1 and 2 Article 39 of the Government’s Decree No. 102/2015/ND-CP dated October 20, 2015 on management and operation of airport or airdrome.
3. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and organizations or individuals involved, shall be responsible for implementing this Decree./.
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CERTIFIED BY
PP. THE MINISTER
THE DEPUTY MINISTER
Le Anh Tuan
[1] The Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities is promulgated:
“Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Vietnam Civil Aviation dated June 29, 2006 and Law on Amendments to some Articles of the Law on Vietnam Civil Aviation dated November 21, 2014;
Pursuant to the Law on Investment dated November 26, 2014 and the Law on amendments to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on Investment dated November 22, 2016;
At the request of the Minister of Transport;
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The Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry is promulgated:
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;
The Government hereby promulgates a Decree on amendments to some Articles of Decrees on business operations in civil aviation sector.”
[2] This Point is amended by clause 1 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[3] This Article is amended by clause 2 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[4] This Article is amended by clause 3 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[5] This Article is amended by clause 4 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[6] This Article is amended by clause 5 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
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[8] This Article is amended by clause 7 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[9] This Article is amended by clause 8 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[10] This Article is amended by clause 9 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[11] This Article is added by clause 10 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[12] This Article is added by clause 11 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[13] This Article is added by clause 12 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[14] This Article is added by clause 13 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[15] This clause is added by clause 1 Article 2 of the Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022.
[16] This Article is added by clause 14 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
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[18] This clause is amended by point a clause 2 Article 2 of the Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022.
[19] This clause is added by point b clause 2 Article 2 of the Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022.
[20] This Article is added by clause 16 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[21] This clause is amended by point a clause 3 Article 2 of the Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022.
[22] This clause is amended by point b clause 3 Article 2 of the Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022.
[23] The phrase “hoặc bằng các hình thức phù hợp khác” (“or another appropriate method”) is replaced with the phrase “hoặc trên môi trường điện tử hoặc bằng các hình thức khác” (“or online or another appropriate method”) as prescribed in clause 6 Article 2 of the Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022.
[24] This point is amended by point a clause 4 Article 2 of the Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022.
[25] This clause is added by point b clause 4 Article 2 of the Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022.
[26] This Article is added by clause 17 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
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[28] This Article is added by clause 19 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[29] This Article is added by clause 20 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[30] This Article is added by clause 21 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[31] This Article is added by clause 22 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[32] This clause is amended by clause 5 Article 2 of the Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022.
[33] This clause is amended by clause 23 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020.
[34] Articles 3 and 4 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020, stipulate that:
“Article 3. Effect
1. This Decree comes into force from January 01, 2020.
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3. Article 20 of the Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 is annulled.
Article 4. Responsibility for implementation
1. The Ministry of Transport shall organize the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of Governmental agencies, People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree./.”.
The Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022, stipulate that:
“Article 4. Effect
1. This Decree comes into force from September 15, 2022.
2. The Government’s Decree No. 07/2019/ND-CP dated January 23, 2019 is annulled.
3. Documentation submitted to the CAAV before the effective date of this Decree shall continue to be processed as prescribed in the Decree No. 68/2015/ND-CP; Decree No. 07/2019/ND-CP; Decree No. 92/2016/ND-CP; Decree No. 89/2019/ND-CP; Decree No. 05/2021/ND-CP .
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[35] This Form is replaced by clause 7 Article 2 of the Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022.
[36] This Form is replaced by clause 7 Article 2 of the Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022.
[37] This Form is replaced by clause 7 Article 2 of the Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022.
[38] This Form is replaced by clause 7 Article 2 of the Government’s Decree No. 64/2022/ND-CP on amendments to some Articles of Decrees on business operations in civil aviation industry, which has been effective since September 15, 2022.
[39] This Form is amended by clause 24 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020
[40] This Form is amended by clause 24 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020
[41] This Form is amended by clause 24 Article 1 of the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities, which has been effective since January 01, 2020
File gốc của Integrated document No. 64/VBHN-BGTVT dated November 02, 2022 Decree on providing for conditional business lines in the civil aviation industry đang được cập nhật.
Integrated document No. 64/VBHN-BGTVT dated November 02, 2022 Decree on providing for conditional business lines in the civil aviation industry
Tóm tắt
| Cơ quan ban hành | Bộ Giao thông vận tải |
| Số hiệu | 64/VBHN-BGTVT |
| Loại văn bản | Văn bản hợp nhất |
| Người ký | Lê Anh Tuấn |
| Ngày ban hành | 2022-11-02 |
| Ngày hiệu lực | 2022-11-02 |
| Lĩnh vực | Thương mại |
| Tình trạng | Còn hiệu lực |