Resolution 01/2025/NQ-CP on investment in the expansion of Phu Quoc International Airport

RESOLUTION

On investment in the expansion of Phu Quoc International Airport

^{________________}

GOVERNMENT

Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Organization of Local Administration dated February 19, 2025;

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

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Securities, Law on Accounting, the Law on Independent Audit, the Law on the State Budget, Law on Management and Use of Public Assets, Law on Tax Administration, Law on Personal Income Tax, Law on National Reserves, and Law on Handling of Administrative Violations dated November 29, 2024;

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

Pursuant to the Law Amending and Supplementing a Number of Articles of Law on Planning, Law on Investment, Law on Investment in the form of Public-Private Partnership and Law on Bidding dated November 29, 2024;

Pursuant to the Government's Decree No. 39/2022/ND-CP dated June 18, 2022 promulgating the Government's Working Regulations;

At the request of the Ministry of Finance;

The Government issued a Resolution on investment in the expansion of Phu Quoc International Airport.

Article 1. Regarding the investment in the expansion of Phu Quoc International Airport in service of the 2027 APEC Summit 

1. To agree on the investment in the expansion of Phu Quoc International Airport in service of the 2027 APEC Summit in the form of business, investment specified in the Law on Investment.

2. To assign the People's Committee of Kien Giang province to select domestic investors and organize the implementation of the Investment Project for the Expansion of Phu Quoc International Airport to ensure conformity with the nature of a civil-military shared airport at per the request of the People's Committee of Kien Giang province specified in Document No. 1156/UBND-KT dated May 15, 2025.

3. To delegate to the People's Committee of Kien Giang province to approve and adjust the policy for investment in the Investment Project for the Expansion of Phu Quoc International Airport. The order and procedures for approving and adjusting the policy for investment in the project shall follow those applicable to projects under the authority of provincial-level People’s Committees in accordance with the law on investment.

4. To delegate to the People's Committee of Kien Giang province to organize the appraisal and render decision on approving the results of appraisal of the environmental impact assessment report for the Investment Project for the Expansion of Phu Quoc International Airport; organize the appraisal and approval of fire prevention and fighting designs and acceptance testing of fire prevention and fighting systems for construction components of the Investment Project for the Expansion of Phu Quoc International Airport to ensure fire prevention and fighting safety in accordance with regulations.

Article 2. Regarding the transfer of infrastructure assets of Phu Quoc International Airport invested and managed by the State

1. To approve the revocation and transfer of infrastructure assets of Phu Quoc International Airport invested and managed by the State from the Ministry of Construction to the People's Committee of Kien Giang province for management, disposition and organization of the implementation of the Investment Project for the Expansion of Phu Quoc International Airport.

2. The transfer of infrastructure assets of Phu Quoc International Airport to local authority for management and disposition shall not apply to assets under the management of the Airports Corporation of Vietnam (ACV) that were built on land areas designated for national defense and security and on land under military management (if any) according to the planning approved by the Ministry of Construction.

3. The Minister of Construction shall decide on the revocation and transfer of infrastructure assets of Phu Quoc international airport invested and managed by the State to the People's Committee of Kien Giang province for management and disposition in the following procedures:

a) To direct the review and preparation of a list of infrastructure assets of Phu Quoc International Airport that ACV is assigned to manage under the form of not incorporating the state capital component in the enterprise;

b) To decide on the revocation and transfer of infrastructure assets of Phu Quoc International Airport invested by the State to the People's Committee of Kien Giang province for investment implementation in Phu Quoc International Airport Expansion Project for the 2027 APEC Summit.

The main contents of the Decision on asset revocation and transfer shall include: Name of the enterprise assigned to manage assets (ACV); name of the receiving agency of property (Kien Giang Provincial People's Committee); inventory  of transferred assets (name of the property; year of commissioning; key specifications (size/area/volume, etc.); historical cost, residual value; nature of use (civil, dual-use); land use and management rights attached to construction work; current status of using the property); responsibility for organizing the implementation.

Reasonable expenses which are directly related to the handover and receipt of assets shall be borne by the asset-receiving agency in accordance with regulations.

The People's Committee of Kien Giang province shall not be required to make any payment to the Ministry of Construction for the value of the assets transferred to the local authority for management and disposition.

4. The People's Committee of Kien Giang province shall organize the receipt of infrastructure assets of Phu Quoc International Airport invested and managed by the State for the management, disposition and implementation of the Investment Project for the Expansion of Phu Quoc International Airport as follows:

a) The People's Committee of Kien Giang province shall direct specialized agencies to receive assets for management and disposition; establish asset registers and calculate depreciation for the transferred assets from the time of receiving the transfer to the completion of the disposal of the assets in accordance with regulations.

b) The People's Committee of Kien Giang province shall coordinate with the Ministry of Construction for ACV to continue the maintenance, operation and exploitation of infrastructure assets of Phu Quoc International Airport (as received by the People's Committee of Kien Giang) in accordance with the mechanism prescribed in the Prime Minister's Decision No. 2007/QD-TTg dated December 07, 2020 on the Scheme for the Assignment, Management, Use and Exploitation of Aviation Infrastructure Assets invested by the State at Airports and Airfields from the date on which the People's Committee of Kien Giang province receives the assets until the completion of the selection of qualified businesses and investors eligible to operate and exploit Phu Quoc International Airport in accordance with the specialized aviation laws and relevant laws.

c) The People's Committee of Kien Giang province shall consider and decide on the disposition of aviation infrastructure assets attached to land to persons allocated or leased land by the State in accordance with the land law in the form of asset assignment of aviation infrastructure assets with reimbursement of the asset value to the State.

The People's Committee of Kien Giang province shall engage a qualified valuation enterprise to determine the value of assets serving as a basis for considering and deciding on the value of assets to be reimbursed to the State.

Based on the asset accounting records, the current condition records of the asset, the investment orientation for the construction and expansion of Phu Quoc International Airport according to the planning for the 2021-2030 period, with a vision to 2050, the valuation certificate and the valuation report of valuation enterprise, the People's Committee of Kien Giang province shall consider and decide on the value of assets to be reimbursed to the State. The determination of the value of the reimbursed assets mentioned above shall not include any assessment of the advantage associated with the right to exploit the assets.

d) Persons allocated or leased land by the State for implementation of the Investment Project for the Expansion of Phu Quoc International Airport shall have to return the value of assets to the State as decided by the People's Committee of Kien Giang province.

dd) The allocation and lease of land for the implementation of the Investment Project for the Expansion of Phu Quoc International Airport shall comply with the law on land, law on investment and other relevant laws.

e) The proceeds (from the remaining difference on the basis of revenue minus maintenance and exploitation expenses) according to the mechanism specified at Point b of this Clause shall be remitted into the budget of Kien Giang province for investment in infrastructure in the service of the 2027 APEC Summit.

g) The amount of money reimbursed to the State by the person allocated or leased land by the State corresponding to the value of assets specified at Point d of this Clause shall be remitted into the provincial budget of Kien Giang province for investment in infrastructure projects in the service of the 2027 APEC Summit.

Article 3. Implementation provision

1. To assign the Ministry of Construction:

a) To execute the transfer of the infrastructure assets of Phu Quoc International Airport which have been invested and managed by the State to the People's Committee of Kien Giang province and to coordinate with the People's Committee of Kien Giang province to determine the transfer timeline of assets to ensure the timely implementation of Phu Quoc International Airport Expansion Project in the service of the 2027 APEC Meeting.

b) During the period of asset handover and receipt, to coordinate with the People's Committee of Kien Giang province in the management, use, and exploitation of the assets (including the use, maintenance, exploitation and use of funds for the management and maintenance of assets, etc.) in accordance with law, ensuring the smoothness, safety and continuity of aviation operations.

c) To provide guidance and conduct inspections of the investment and construction activities of the Investment Project for the Expansion of Phu Quoc International Airport to ensure compliance with the law within the scope of regulatory authority.

d) To coordinate with the Ministry of National Defense, the Ministry of Public Security, the People's Committee of Kien Giang province and investors in organizing the operation and exploitation of Phu Quoc International Airport to ensure security, national defense and aviation safety requirements.

dd) To direct the Viet Nam Air Traffic Management Corporation to invest in construction works to ensure flight operation according to the approved planning, ensuring synchronization with the completion timeline of the Investment Project for the Expansion of Phu Quoc International Airport.

2. To assign Airports Corporation of Vietnam (ACV):

a) To review and to prepare an inventory of infrastructure assets of Phu Quoc International Airport which have been invested and managed by the State under the form of not incorporating the state capital component in the enterprise as directed by the Minister of Construction.

b) To take responsibility for the maintenance, operation and exploitation of infrastructure assets of Phu Quoc International Airport as prescribed at Point b, Clause 4, Article 2 of this Resolution to ensuring the smoothness, safety and continuity of aviation operations until the official transfer of infrastructure assets of Phu Quoc International Airport is completed to the new airport operator approved by competent state agencies; to calculate the payable amount according to Point b, Clause 4, Article 2 of this Resolution and remit it to the state budget as prescribed.

c) To proactively and urgently review and determine the list and value of investment (historical cost and residual value) and organize the appraisal of assets invested by enterprises at Phu Quoc International Airport to serve as the basis for asset disposition in accordance with the law.

3. To assign the People's Committee of Kien Giang province:

a) To take full responsibility for the proposals stated in Documents No. 1013/UBND-KT dated April 26, 2025, No. 1014/UBND-KT dated April 27, 2025, No. 1141/UBND-KT dated May 14, 2025 and No. 1156/UBND-KT dated May 15, 2025.

b) On the basis of receiving infrastructure assets of Phu Quoc International Airport that have been invested and managed by the State, to coordinate with the Ministry of Construction on the transfer timeline of assets and to allow ACV to continue the maintenance, operation and exploitation of assets to ensure the smoothness, safety and continuity of aviation operations at Phu Quoc International Airport; to manage and use the amounts specified at Points e and g, Clause 4, Article 2 of this Resolution in accordance with law.

c) To approve and to approve the adjustment to (in case of adjustment) the in-principle investment approval for the Investment Project for the Expansion of Phu Quoc International Airport according to the competence as specified in Article 1 of this Resolution in accordance with the law.

d) To take full responsibility for the selection of capable domestic investors to implement the Investment Project for the Expansion of Phu Quoc International Airport within its competence, ensuring publicity, transparency and absolutely preventing any acts of misconduct or group interests; to direct and supervise the implementation of quality assurance works and timely completion in service of the 2027 APEC Summit.

dd) To handle relevant issues in accordance with regulations, ensuring the harmony of interests of the State, investors and related parties, and preventing corruption, loss and waste.

e) To coordinate with the Ministries of National Defense, Public Security, and Construction in organizing, guiding and supervising the operation and exploitation of Phu Quoc International Airport in accordance with law, ensuring security, national defense and aviation safety requirements.

4. To assign the Ministry of Finance:

a) To guide the People's Committee of Kien Giang province on the transfer of infrastructure assets and the order and procedures for investment in the expansion of Phu Quoc International Airport (in case of any problems arising).

b) To monitor, urge, consolidate and report to the Government and the Prime Minister on the results of the implementation of this Resolution; to advise the Government and the Prime Minister in reporting to the National Assembly at the latest session on the adjustment of the order, procedures and authority specified in Clause 3, Article 1 and the measures specified in Clause 1, Point c Clause 4 Article 2 of this Resolution.

5. To assign the Ministry of Public Security to provide guidance and coordinate with the People's Committee of Kien Giang province and relevant organizations and agencies in ensuring aviation security and safety at Phu Quoc International Airport during the process of asset transfer and implementation of the investment projects for the expansion, management, operation and exploitation of Phu Quoc International Airport; to supervise the appraisal and approval of fire prevention and fighting designs and acceptance testing of fire prevention and fighting systems for work items of the Investment Project for the Expansion of Phu Quoc International Airport and to advise the Government and the Prime Minister in reporting to the National Assembly at the latest session on the adjustment of the order,  procedures and authority (if any) specified in Clause 4, Article 1 of this Resolution.

6. To assign the Ministry of National Defense to review and implement essential works in service of national defense and security; supervise civil aviation operations to ensure national security, safety and sovereignty; to coordinate with the Ministry of Construction, the People's Committee of Kien Giang province and investors in organizing the operation and exploitation to ensure the sharing of civil and military aviation operations.

7. To assign the Ministry of Agriculture and Environment to provide guidance and coordinate with the People's Committee of Kien Giang province in properly performing state management functions and duties in accordance with law during the implementation of the project on investment, management, operation and operation of Phu Quoc International Airport; to supervise the appraisal and approve the results of the appraisal of the environmental impact assessment report for the Investment Project for the Expansion of Phu Quoc International Airport and to advise the Government and the Prime Minister in reporting to the National Assembly at the latest session on the adjustment of the order,  procedures and authority (if any) specified in Clause 4, Article 1 of this Resolution.

Article 4. This Resolution takes effect from the date of signing and remains in force until the conclusion of activities of the APEC 2027 Summit. Particularly, the provisions on delegated authority specified in Clauses 3 and 4, Article 1 of this Resolution shall remain applicable until completion of the implementation phase of the Project. In the course of implementation, if there is a change in law, leading to a more convenient implementation of the order and procedures on investment, such law shall apply.

Article 5. Ministers, Heads of ministerial-level agencies and Chairperson of the People's Committee of Kien Giang province shall be responsible for the implementation of this Resolution./.