Decree 20/2024/ND-CP amend Decree 05/2021/ND-CP on management and operation of airports and airfields, and Decree 64/2022/ND-CP amend the Decrees regulating business activities in civil aviation

DECREE

Amending and supplementing a number of articles of Decree No. 05/2021/ND-CP dated January 25, 2021, of the Government, on management and operation of airports and airfields, and Decree No. 64/2022/ND-CP dated September 15, 2022, of the Government, amending and supplementing a number of articles of the Decrees regulating business activities in civil aviation

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Pursuant to the Law on Organization of the Government dated June 19, 2015; Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

At the request of the Minister of Transport;

The Government promulgates a Decree amending and supplementing a number of articles of Decree No. 05/2021/ND-CP dated January 25, 2021, of the Government, on the management, operation of airports and airfields, and Decree No. 64/2022/ND-CP dated September 15, 2022, of the Government amending and supplementing a number of articles of the Decrees regulating business activities in civil aviation.

Article 1. Amending and supplementing a number of articles of Decree No. 05/2021/ND-CP dated January 25, 2021, of the Government, on management, operation of airports and airfields

1. To amending and supplement Clause 6, Article 3 as follows:

“6. The construction includes a combination of main construction items and auxiliary construction items. One part of a project is a combination of one, several construction items or parts of construction items to directly serve the passenger, luggage and cargo service chain. The main construction item is the construction item that has scale, functions determining the investment objective of the project.”.

2. To amend and supplement Clause 6, Article 51 as follows:

“6. Within 10 days, from the date of receiving complete dossiers as prescribed, the Civil Aviation Authority of Vietnam shall consider, decide to put the construction, part of the construction belonging to the airport and airfield infrastructure into operation according to Form No. 11 specified in the Appendix issued with this Decree; decide on the temporary closure of one part of airport and airfield infrastructure according to Form No. 12 specified in the Appendix issued with this Decree and send the results directly or through the postal system or in an electronic environment or in other appropriate forms to the persons exploiting airport and airfield infrastructure. In case of disapproval, the Civil Aviation Authority of Vietnam must issue a written notification, clearly stating the reason.".

3. To amend and supplement Article 52 as follows:

“Article 52. Issuance of airport or airfield registration certificates

1. The owner or organization assigned to manage the airport or airfield shall send 01 set of application dossiers for an airport or airfield registration certificate, directly or through the postal system or electronic environment or in other appropriate forms to the Airport Authority. The dossier must comprise:

a) Application for issuance of airport or airfield registration certificate, according to Form No. 01 specified in the Appendix issued with this Decree;

b) Copy or electronic copy of the decision to establish an enterprise of the owner or the organization assigned to manage the airport or airfield (in case the enterprise registration certificate is unavailable);

c) Copy or electronic copy of the decision on investment policies or decision on investment in airport or airfield in case of new construction, renovation, upgrading, expanding of airports, airfields;

d) Copy or electronic copy of documents certifying that the airport or airfield infrastructure has completed acceptance procedures according to regulations on construction investment in cases of new construction, renovation, upgrading, expanding airports and airfields.

2. In the case of an airport or airport is under construction, the owner or organization assigned to manage the airport or airfield shall submit 01 set of application dossiers for temporary airport or airfield registration certificate, directly or through the postal system or electronically or in other appropriate forms to the Airport Authority. The dossier must comprise documents specified at Points a, b, c, Clause 1 of this Article.

3. Within 10 days, from the date of receipt of valid documents as prescribed, the Airport Authority shall be responsible for appraising dossiers, including the following contents:

a) Airports, airfields are built in accordance with the approved overall development plan of the national airport and airport system;

b) Infrastructure of airports, airfields is built, technically accepted in accordance with standards, technical regulations according to regulations and operational capacity;

c) Plan for building infrastructure of airports, airfields complies with technical standards according to the regulation for temporary registration of airports, airfields under construction and operational capacity.

4. Within 03 working days, from the date of appraisal, the Airport Authority shall issue airport or airfield registration certificate according to Form No. 02 in the Appendix issued with this Decree and send the results directly or through the postal system or electronic environment or by other suitable forms to the owner or organization assigned to manage the airport or airfield; send the Civil Aviation Authority of Vietnam the results of granting the certificate for registration in the airport and airfield register.

In case of refusal to issue an airport or airfield registration certificate, the Airport Authority shall notify in writing, clearly stating the reason.

5. No later than 60 days after completion of construction, airports, airfields that have been granted temporary registration certificates must be registered in accordance with this Decree.

6. Lost or damaged airport or airfield registration certificates may be reissued. The person who is granted the airport or airfield registration certificate shall send an application to re-issue the certificate directly or through the postal system or in the electronic environment or in other appropriate forms according to Form No. 01 in the Appendix issued with this Decree to the Airport Authority.

Within 03 working days, from the date of receipt of the application as prescribed, the Airport Authority shall consider and decide to re-issue the airport or airfield registration certificate and send the results directly or through the postal system or electronic environment or in other appropriate forms to the applicant. In case of refusal to re-issue, the Airport Authority shall notify in writing, specifying the reason for refusal.

7. Airport or airfield registration certificate shall be revoked in case it no longer meets the conditions to be granted an airport or airfield registration certificate.”.

4. To amend and supplement Article 60 as follows:

“Article 60. Issuing certificates of technical eligibility for specialized aviation equipment and vehicles manufactured, assembled, improved in Vietnam

1. In case of equipment and vehicles operating at airports, airfields within the management scope of 01 Airport Authority, the Airport Authority shall issue certificates of technical eligibility for specialized aviation equipment and vehicles manufactured, assembled, improved in Vietnam.

2. Except for the cases specified in Clause 1 of this Article, the Civil Aviation Authority of Vietnam shall issue certificates of technical eligibility to specialized aviation equipment and vehicles manufactured, assembled, improved in Vietnam.

3. The person requesting a certificate of technical eligibility for specialized aviation equipment and vehicles manufactured, assembled, improved in Vietnam shall send 01 set of application dossiers directly or through the postal system or electronic environment or in other appropriate forms to the Airport Authority  under Clause 1 of this Article or to the Civil Aviation Authority of Vietnam under Clause 2 of this Article, the dossier must comprise:

a) A written request for issuance of certificate of technical eligibility for specialized aviation equipment and vehicles according to Form No. 08a specified in the Appendix issued with this Decree;

b) Copies or electronic copies of applicable standards, technical regulations;

c) Copies or electronic copies of relevant documents: technical design and details; material; production methods and processes; installation guide, operation, maintenance; assembly of the product; targets, parameters, limits, main technical features;

d) A copy or electronic copy of the handover test record or record of acceptance of completion and put into operation;

dd) Copies or electronic copies of inspection, testing, product evaluation records according to applicable technical standards performed by a qualified inspection and testing facility as prescribed by law;

e) Copies or electronic copies report test operation results according to the targets, parameters, limits, and technical features of the product.

4. Within 15 days, from the date of receipt of the prescribed dossiers, the Airport Authority (for cases specified in Clause 1 of this Article) or the Civil Aviation Authority of Vietnam (for cases specified in Clause 2 of this Article) shall perform inspection work and decide to issue certificates of technical eligibility for specialized aviation equipment, vehicles according to Form No. 09 (for the Civil Aviation Authority of Vietnam) and Form No. 10 (for the Airport Authority) specified in the Appendix issued with this Decree or notify the applicant in writing of the reason for refusal to issue the certificate. Inspection work includes:

a) Determining the conformity of relevant standards, technical regulations applied by the manufacturer to manufacture the product;

b) Actually examining the product; examining acceptance results;

c) Examining the results of inspection work necessary to evaluate products according to applicable standards, technical regulations. For specialized vehicles and equipment manufactured, assembled, improved in Vietnam, applying advanced technology from the world that Vietnam has not yet apprehend and mastered, the Civil Aviation Authority of Vietnam or the Airport Authority shall require the applicant for a certificate to hire an qualified independent organization as prescribed regulations to carry out necessary inspection and testing to verify compliance with applicable technical requirements, standards;

d) Examining the test operational results.”.

5. To amend and supplement Point b, Clause 2, Article 61 as follows:

“b) Copy or electronic copy of Certificate of technical safety and environmental protection quality for specialized vehicles subject to certification of technical safety and environmental protection quality.

Within 05 working days, from the date of receipt of complete dossiers, the Airport Authority shall issue license plates to vehicles or issue a written notice of the reason for refusing to issue license plates to the vehicle.”.

6. To amend and supplement Clause 3 and Clause 6 of Article 67 as follows:

a) To amend and supplement Clause 3, Article 67 as follows:

“3. Cargo terminal, cargo warehouse operation services are regulated as follows:

a) Air cargo terminal operation refers to the activity of organizing and operating the cargo terminal, meeting the requirements of aviation security checks, customs inspection and supervision for international goods according to regulations for goods, postal items transported by air. The air cargo terminal is located adjacent to the flight area, directly connected to the aircraft apron;

b) Air cargo warehouse operation refers to the activity of organization and operation of air cargo warehouses, meeting the requirements of aviation security checks, customs inspection, supervision for international goods according to regulations for goods, postal items transported by air. The air cargo warehouse is located adjacent to the flight area, not directly connected to the aircraft apron.".

b) To amend and supplement Clause 6, Article 67 as follows:

“6. Ground commercial technical service includes activities that perform the functions of serving passengers; baggage; goods, postal items; serving aircraft on the apron, controlling payload, operating flights and other aircraft operation support activities at airports, airfields.”.

7. To replace Forms No. 01, No. 02, No. 03, No. 05, No. 06, No. 08 and No. 09 provided in the Appendix issued with Decree 05/2021/ND-CP dated January 25, 2021, of the Government, on management and operation of airports and airfields, with Forms No. 01, No. 02, No. 03, No. 05, No. 06, No. 08 and No. 09 provided in the Appendix issued with this Decree.

8. To add Form No. 8a, Form No. 10, Form No. 11, Form No. 12 in the Appendix issued with this Decree.

9. To replace the phrase "Civil Aviation Authority of Vietnam" with "Airport Authority" in Clause 2, Clause 3, Article 53.

10. To replace the phrase "backup plan" with "backup plan  in terms of people, vehicles, and equipment" in Clause 2, Article 69.

11. To replace the phrase "Copy" with "Copy or electronic 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, which were amended and supplemented under Article 3 of Decree No. 64/2022/ND-CP dated September 15, 2022, of the Government, amending and supplementing a number of articles of Decrees regulating business activities in civil aviation.

12. To add the phrase “Copy or electronic copy” before the dossier components specified at Point dd, Clause 1, Article 57.

13. To add the phrase “Copy or electronic copy” before the dossier components specified at Point c, Clause 4, Point b, Clause 9, Article 51; Point b Clause 1 Article 55; Point b Clause 2 Article 56 which were amended, supplemented under Article 3 of Decree No. 64/2022/ND-CP dated September 15, 2022, of the Government, amending and supplementing a number of articles of Decrees regulating business activities in civil aviation.

Article 2. Repealing a number of articles of Decree No. 64/2022/ND-CP dated September 15, 2022, of the Government, amending and supplementing a number of articles of the Decrees regulating business activities in civil aviation

To repeal Point c, Clause 5; Clause 6; Point a Clause 7; Point a, Point b Clause 10; Clause 13; repeal the phrases "Clause 1, Article 52" and "Clause 1, Article 60" in Clause 12, Article 3.

Article 3. Implementation provisions

1. This Decree takes effect from April 10, 2024.

2. Transitional provisions:

a) Certificates issued by a competent authority as prescribed by law before this Decree takes effect, will remain valid until they are reissued, modified or revoked in accordance with law.

b) For dossiers of administrative procedures that have been received by the competent authority before the effective date of this Decree, the competent agency that has received the dossiers will continue to comply with the provisions of the legal document at the time of receiving the dossiers.

3. Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, Chairpersons of the People’s Committees of provinces and centrally-run cities are responsible for implementing this Decree.