Law on Civil Aviation of Vietnam 2025, No. 130/2025/QH15

LAW

On Civil Aviation of Vietnam^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law on Civil Aviation of Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides civil aviation activities, including provisions on aircraft, airports, aviation personnel, flight operations, commercial air transport, specialised aviation, general aviation, aviation safety, aviation security, and civil liability, and other activities related to civil aviation.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Aviation security means a component of national security, implemented through the combined use of measures, human resources and material resources to protect civil aviation activities and to prevent and combat acts of unlawful interference.

2. Aviation safety means a state in which risks associated with aircraft operations are reduced, controlled and maintained in accordance with the objectives set out in the Vietnam State Safety Programme.

3. Airport means a defined area, including an aerodrome and facilities and equipment serving aviation activities.

4. Domestic flight means a flight having all points of take-off and landing located within the territory of Vietnam.

5. International flight means a flight having at least one point of take-off or landing located outside the territory of Vietnam.

6. Aeronautical obstacle means any natural or artificial object (fixed or mobile) located on land, water or in the air, or any artificial structure that may affect the safety of flight operations.

7. Essential airport infrastructure means the system of essential works necessary to ensure that an airport can be operated safely.

8. Aviation services means services directly related to aircraft operation, flight operation or airport operation.

9. Air navigation service enterprise means an enterprise providing air navigation services.

10. Airport enterprise means an enterprise that organises the investment in and operation of airports.

11. Air transport enterprise means an enterprise engaged in commercial air transport or specialised air transport business.

12. Airway means a defined and controlled airspace with specified limits of altitude and width.

13. Aviation security oversight means activities conducted by the Vietnam aviation security authority to ensure that organisations and individuals engaged in civil aviation comply with aviation security regulations.

14. Aviation safety oversight means activities conducted by the Vietnam aviation authority to ensure that organisations and individuals engaged in civil aviation comply with aviation safety regulations.

15. Airline means an enterprise providing or operating commercial air transport services.

16. Cargo means property carried by aircraft other than mail, aircraft equipment and supplies, or baggage carried with or without passengers.

17. Baggage means personal property of passengers or crew carried under agreement with the carrier.

18. Civil aviation activities means the use of aircraft and related activities for the purpose of conducting commercial air transport, specialised aviation and general aviation.

19. Aviation infrastructure comprises airport works, air navigation facilities, and take-off and landing areas.

20. Airport works means works serving airport operations, including aerodromes, aviation security works, facilities providing air navigation services, aviation services and other airport works.

21. Air navigation facilities means works serving the provision of air navigation services both within and outside airport areas, including area control centres, approach control centres, air traffic control towers, and communication, navigation and surveillance stations, and other air navigation facilities.

22. Aeroplane means a power-driven heavier-than-air aircraft deriving lift in flight chiefly from aerodynamic reactions on fixed surfaces under given flight conditions.

23. Sustainable aviation fuel (SAF) means fuel that effectively reduces CO₂ emissions in civil aviation operations and is produced from waste or renewable materials.

24. Airport operator means an organisation possessing an airport certificate.

25. Carrier means an enterprise engaged in air transport business, including the actual carrier and the contracting carrier.

26. Flight permit means a document or command issued by a competent person or authority specifying the conditions and limits under which an aircraft is permitted to operate.

27. State of the operator means the State in which the aircraft operator has its principal place of business, or its permanent residence if no such place of business exists.

28. State of registry means the State in which the aircraft’s nationality is registered.

29. Aerodrome means a defined area on land or water belonging to an airport used for the take-off, landing and movement of aircraft.

30. Aircraft means any machine that can derive support in the atmosphere from reactions of the air, including aeroplanes and helicopters, except:

a/ Devices supported in the atmosphere by reactions against the surface of the earth;

b/ Unmanned aerial vehicles and other aerial vehicles as specified by the Law on People’s Air Defence.

31. An aircraft is deemed to be in flight from the moment its engines are started for take-off until they are shut down after landing.

32. Helicopter means a heavier-than-air aircraft supported in flight chiefly by the aerodynamic reactions on one or more powered rotor(s) on one or more substantially vertical axe(s).

33. Irrevocable Deregistration and Export Request Authorisation (IDERA) means a document issued in accordance with the Cape Town Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (below referred to as the Cape Town Convention and Protocol), specifying the party entitled to request deregistration or export of an aircraft.

34. Low-altitude air transport means the use of unmanned aerial vehicles and other aerial vehicles by organisations or individuals for commercial air transport or specialised air transport.

35. Scheduled commercial air transport means commercial air transport consisting of flights operated regularly in accordance with published timetables and open to public use.

36. Non-scheduled commercial air transport means commercial air transport that does not meet all the criteria of scheduled commercial air transport.

37. Flight information region means a defined airspace within which flight information services and alerting services in air navigation are provided.

38. Aerodrome traffic zone means a defined airspace around an aerodrome with horizontal and vertical limits appropriate to the aerodrome’s characteristics, serving aircraft take-off, landing and holding.

Article 3. Application of law

1. Civil aviation activities must comply with this Law, relevant laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. In case laws or resolutions to be promulgated by the National Assembly after the effective date of this Law need to have specific provisions on civil aviation activities that differ from those of this Law, such laws or resolutions must specify the contents to be implemented or not to be implemented in accordance with this Law and the contents to be implemented in accordance with such laws or resolutions.

3. In case of conflict of laws, the applicable law shall be determined in adherence to the following principles:

a/ The law of the State of registry shall apply to social relations arising on board the aircraft in flight and to the determination of rights in respect of such aircraft;

b/ The law of the State in which salvage or preservation of an aircraft is carried out shall apply to remuneration for such salvage or preservation;

c/ The law of the State in which an accident occurs due to collision or interference between aircraft, or in which an aircraft in flight causes damage to third parties on the ground, shall apply to compensation for damage.

Article 4. Principles of civil aviation activities

1. To respect the independence, sovereignty, unity and territorial integrity of the Socialist Republic of Vietnam; to ensure national defence and security; to efficiently tap the potential of civil aviation for the country’s socio-economic development.

2. To ensure the safe, orderly and efficient management of flight operations within the territory of Vietnam and the flight information regions under Vietnam’s management.

3. To ensure compliance with regulations and standards on aviation safety and aviation security; to ensure close and synchronous coordination in the state management of civil aviation.

4. To conform to the orientations and strategies for transport development; to synchronously develop airports, flight operations, means of transport and other resources; to protect the environment and respond to climate change for sustainable development.

5. To ensure the State’s role in market surveillance and regulation in the field of civil aviation.

6. To ensure appropriate conditions for persons with disabilities, the elderly, children, pregnant women and persons rendering meritorious services to the revolution to use air transport services.

7. To expand international cooperation in the field of civil aviation.

8. To maintain readiness in terms of plans, forces, means and other necessary conditions for prompt response to acts of unlawful interference with civil aviation activities.

Article 5. Policies on civil aviation development

1. To ensure the freedom of business and fair competition among all economic sectors in access to business opportunities and the resources of the economy; to protect the lawful rights and interests of Vietnamese organisations and individuals, overseas Vietnamese, and foreign organisations and individuals participating in civil aviation activities.

2. To mobilise to the utmost all resources and diversify forms and modes of investment, construction, management, operation, exploitation and maintenance in civil aviation in order to develop modern airports, ensure synchronous connectivity with other modes of transport, and promote investment efficiency.

3. To support investment in and development of civil aviation in areas with extremely difficult socio-economic conditions, remote areas, deep-lying areas, mountainous areas and islands.

4. To support the development of Vietnam’s aviation industry and aviation supporting industries; to promote research and development, application of science and technology, and digital transformation in the field of civil aviation; to study and develop low-altitude air transport.

5. To provide tax, credit and land incentives for investment in, research into, production, import, distribution and use of sustainable aviation fuel, and for investment in the construction and operation of sustainable aviation fuel infrastructure.

6. To ensure resources for building capacity in the management and operation of airspace; and for the building, maintenance, development and operation of systems for aviation safety oversight, aviation security oversight, and aircraft incident and accident investigation in accordance with the standards of the International Civil Aviation Organisation (ICAO), and in line with practical conditions and development needs of the aviation market.

7. To support and promote the training of high-quality human resources for civil aviation activities.

Article 6. Research and development, application of science and technology, digital transformation, and technology transfer in civil aviation activities

1. Research and development, application of science and technology, digital transformation, and technology transfer in civil aviation activities must:

a/ Ensure advanced and modern technologies, aviation safety, aviation security, environmental protection, and reduction of greenhouse gas emissions;

b/ Conform to international civil aviation development trends;

c/ Prioritise the application of advanced technologies recommended by ICAO and international organisations of which Vietnam is a member;

d/ Promote the research into and application of national standards, international standards, regional standards, foreign standards, and relevant sectoral guidelines, procedures and technologies.

2. Research and development, and the application of advanced sciences, technologies, means, equipment and materials to civil aviation activities, as well as roadmaps and solutions for digital transformation and the application of artificial intelligence in the construction, management and administration of civil aviation activities, shall be carried out in conformity with civil aviation development policies and plans.

Article 7. Development of the aviation industry

1. The aviation industry comprises:

a/ Research into, design, manufacture, production and design modification of aircraft, engines, propellers, aircraft equipment, components, and equipment of air navigation systems and airports;

b/ Maintenance of aircraft, aircraft engines, aircraft propellers, aircraft equipment, components, and equipment of air navigation systems and airports;

c/ Research into, production and application of specialised aviation fuels;

d/ Research into, production, manufacture and application of specialised aviation materials;

dd/ Research into, production and application of digital technology, artificial intelligence, software and automation specialised for aviation.

2. Organisations, enterprises and individuals engaged in aviation industry activities are entitled to the following policies:

a/ Organisations in charge of scientific and technological activities funded by state capital or other lawful funding sources may decide on restricted bidding, contractor appointment, order placement or task assignment for selecting suppliers of products, services and goods. The order and procedures for restricted bidding, contractor appointment, order placement or task assignment for selecting suppliers of products, services and goods must comply with law;

b/ Enterprises are entitled to incentives applicable to hi-tech enterprises in accordance with the law on high technology;

c/ Organisations and individuals engaged in scientific and technological activities may receive state budget support for the procurement and operation of machinery and equipment serving the performance of assigned tasks in accordance with the law on high technology.

3. Organisations and individuals engaged in training for the development of human resources for the aviation industry are entitled to policies in accordance with the law on high technology.

4. The State shall adopt policies to ensure the capacity of the Vietnam aviation authority in assessing and approving the design, manufacture, production and use of aviation industry products; and in providing areas for flight training and the testing of aerial vehicles.

5. The State shall adopt policies to support the development of the aviation industry through international cooperation, market information, communication, investment linkage, tax incentives, commercialisation of scientific research and technology development outcomes, and provide other necessary support in accordance with the law on science, technology and innovation.

Article 8. Civil aviation database

1. The civil aviation database is a specialised database serving the state management of civil aviation and other purposes; it shall be connected with and shared among national databases and other relevant databases.

2. Competent state agencies shall assume the prime responsibility for organising the building, management and operation of the civil aviation database. Enterprises operating in the field of civil aviation shall provide data for the building of the civil aviation database.

3. Data sharing shall be carried out through digital platforms, ensuring connectivity and synchronisation and complying with the laws on data, personal data protection, and cybersecurity, and other relevant laws.

4. Funding for the building, maintenance and operation of the civil aviation database system shall be covered by the state budget and mobilised from enterprises operating in the field of civil aviation or other lawful funding sources.

Article 9. Environmental protection in civil aviation activities

1. Civil aviation activities must mitigate adverse environmental impacts,and  reduce emissions and noise generated by aircraft operations.

2. Aircraft, aircraft engines, propellers, air navigation equipment, airport equipment and other ground equipment must satisfy requirements, standards and technical regulations on environmental protection.

3. Plans shall be issued for implementing Vietnam’s international commitments on emissions reduction and carbon offsetting in international aviation and on sustainable aviation fuel in accordance with law.

Article 10. Principles of international cooperation in civil aviation

1. To ensure independence, sovereignty, territorial integrity and national interests; to meet the requirements of international integration on the basis of equality and mutual benefit.

2. To perform the responsibilities of a member State in international organisations of which Vietnam is a member in the field of civil aviation.

3. To promote the development of Vietnam’s civil aviation industry in accordance with international standards and practices.

Article 11. Aviation facilitation

1. Aviation facilitation is activities aimed at facilitating the operation of international flights and avoiding unnecessary delay to aircraft, crew members, passengers, baggage and cargo in the implementation of legal provisions on exit, entry, transit, quarantine, customs and the issuance of flight permits.

2. Facilitation in civil aviation shall be implemented through the National Programme on Simplification of Aviation Procedures, which includes the following principal contents:

a/ Risk management in the implementation of border control procedures for the release and customs clearance of cargo; and the implementation of measures for prevention and control of epidemics, disasters and other emergency cases;

b/ Development of effective information technology to enhance efficiency in the performance of aviation procedures;

c/ Establishment of appropriate communication mechanisms for ICAO member States and aircraft operators to submit requests and recommendations on matters related to border control, preventive medicine and customs.

Article 12. Prohibited acts in civil aviation activities

1. Bringing equipment, articles or other objects into the air to affect flight safety.

2. Intentionally damaging signal systems, equipment, stations or communication facilities for air navigation services, other equipment at airports, systems and equipment serving air navigation services outside airports, or operating and bringing into use at aerodromes ground vehicles that fail to meet technical requirements.

3. Arbitrarily changing, replacing, additionally installing or removing equipment, or arbitrarily switching off or altering installed information in communication equipment, thereby obstructing aviation activities.

4. Constructing works or installing equipment that affect flight safety or the operation of equipment at airports; carrying out activities that generate excessive smoke, dust, fire or emissions in airport areas or adjacent areas, thereby affecting airport operation safety.

5. Installing or using lights, signs, signals or objects in airport areas or adjacent areas that affect aircraft take-off or landing at airports or the identification of airports.

6. Raising or grazing animals within airport areas.

7. Bringing dangerous articles into aircraft, airports or restricted areas in contravention of regulations.

8. Destroying, damaging, deforming or moving markers, barriers, signalling objects or protective objects at airports; or damaging airport signs and identification equipment.

9. Threatening or endangering flight safety, or causing danger to the life, health or property of other people on board aircraft.

10. Damaging aircraft and aircraft engines, propellers and equipment.

11. Unlawfully disclosing information on passengers or users of air transport services.

12. Buying, selling, giving or receiving air carriage rights; using branding, including trade names and trademarks, causing confusion with another aviation enterprise.

13. Making fraudulent entries, forging, or intentionally falsifying records on aircraft maintenance, aircraft operation or aviation personnel training.

14. Aviation personnel performing duties while under the influence of alcohol or prohibited stimulants as prescribed by law and by competent authorities.

15. Illegally using unmanned aerial vehicles at airports and in areas adjacent to airports.

16. Intentionally concealing or failing to report aircraft incidents or accidents; falsifying information; or damaging or destroying inspection equipment and other evidence related to aircraft incidents or accidents.

Chapter II

AIRCRAFT

Article 13. Registration, management and deregistration of Vietnamese nationality of aircraft

1. An aircraft may be registered or temporarily registered with Vietnamese nationality only if it does not bear the nationality of any State or if its foreign aircraft nationality has been deregistered.

2. Aircraft registered or temporarily registered with Vietnamese nationality shall be recorded in the Vietnamese Aircraft Register.

3. Upon registration or temporary registration, an aircraft must bear nationality and registration marks in accordance with law.

4. The Vietnamese nationality of an aircraft shall be deregistered in the following cases:

a/ The aircraft is deemed missing;

b/ The aircraft is so severely damaged that it cannot be fixed or restored;

c/ The aircraft fails to satisfy the requirements specified in Clause 1 of this Article;

d/ It is so requested by the authorised party designated in an IDERA, in case such IDERA has been registered with the Vietnam aviation authority;

dd/ It is so requested by the aircraft registrant or the aircraft owner. In case an IDERA has been registered, the aircraft registrant and the aircraft owner may exercise the right to request aircraft nationality deregistration only if the authorised party designated in the IDERA has issued a notice of discharge of the IDERA or the IDERA has been cancelled;

e/ For the enforcement of a legally effective court judgment or decision or arbitral award, requiring the Vietnamese nationality deregistration of the aircraft.

5. The Vietnamese nationality deregistration of an aircraft as specified in Clause 4 of this Article shall be consented to by persons having the rights to the registered aircraft in accordance with Article 17 of this Law, except the case in which the aircraft is dealt with for the enforcement of a legally effective court judgment or decision or arbitral award, or the case specified in Point d, Clause 4 of this Article.

Article 14. Type certificates and certificates of airworthiness

1. Aircraft, aircraft engines and aircraft propellers manufactured in or imported into Vietnam must have type certificates or conform to technical standards declared or recognised by a competent Vietnamese state agency. Aircraft, aircraft engines and aircraft propellers shall be issued or recognised with type certificates if their design meets the design standards declared or recognised by a competent Vietnamese state agency.

2. Certificates of airworthiness and certificates of aircraft radio equipment installation shall be issued or recognised by the State of registry of the aircraft.

3. An aircraft may operate within the territory of Vietnam only if it has a valid certificate of airworthiness issued or recognised by the Vietnam aviation authority.

4. Organisations and individuals may carry out the design, manufacture, testing and maintenance of aircraft and aircraft engines, propellers and equipment only when approved or recognised by the Vietnam aviation authority in accordance with law.

5. Vietnamese aircraft and engines, propellers and equipment of Vietnamese aircraft shall be maintained by a maintenance organisation and under a maintenance programme approved or recognised by the Vietnam aviation authority.

6. The business of providing services of design, manufacture, maintenance and testing of aircraft and aircraft engines, propellers and equipment is a conditional business line in the field of civil aviation.

Article 15. Import and export of aircraft and aircraft engines, propellers and equipment

1. The import of aircraft and aircraft engines, propellers and equipment must ensure national defence, security and aviation safety, and comply with regulations on the age of used aircraft.

In case aircraft and aircraft engines, propellers and equipment are imported for use as learning aids, exhibition items or for scientific research, they are not required to comply with regulations on the age of used aircraft.

2. The authorised party designated in an IDERA registered with the Vietnam aviation authority has the right to request the export of the aircraft in accordance with the Cape Town Convention and Protocol.

3. Export certificate of airworthiness is not required for aircraft exported from Vietnam, unless an organisation or individual applies for such certificate to satisfy the requirements of the importing State.

Article 16. Aircraft operators

1. An aircraft operator is an organisation or individual engaged in, or applying to engage in, aircraft operation.

2. An aircraft operator may provide commercial air transport services or specialised air transport services only after being issued an aircraft operator certificate by the Vietnam aviation authority.

3. A foreign aircraft operator holding an aircraft operator certificate issued by another ICAO member State may operate aircraft to and from Vietnam only after such aircraft operator certificate has been recognised by the Vietnam aviation authority.

Article 17. Rights to aircraft and registration thereof

1. Rights to aircraft include:

a/ Ownership of aircraft;

b/ Possession and operation of aircraft under definite-term hire-purchase or lease;

c/ Mortgage or pledge of aircraft;

d/ Other rights as provided by law and by treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The rights to aircraft specified in Clause 1 of this Article include rights to the aircraft fuselage, aircraft engines, aircraft propellers, aircraft radio equipment and other equipment used on board the aircraft, regardless of whether such items have been installed on the aircraft or have been temporarily removed therefrom.

3. All registered rights relating to the same aircraft shall be recorded in the Vietnamese Aircraft Register. The registration of rights to aircraft takes effect at the time it is recorded by the registration authority in the Vietnamese Aircraft Register.

Article 18. Notice of auction of aircraft bearing Vietnamese nationality

At least one month before the date an aircraft bearing Vietnamese nationality is put up for auction, the person having the aircraft shall publicly announce and give written notice of the auction of the aircraft to the Vietnam aviation authority, the owner and persons whose interests are recorded in the Vietnamese Aircraft Register.

Article 19. Payment of remuneration for salvage and preservation of aircraft

1. Organisations and individuals carrying out the salvage or preservation of aircraft shall enjoy priority in payment of remuneration for such salvage or preservation and related expenses.

2. Within 90 days from the date of completion of the salvage or preservation of an aircraft, the organisation or individual carrying out such salvage or preservation may register the right to priority in payment.

3. Upon the expiration of the time limit specified in Clause 2 of this Article, the right to priority in payment of remuneration for salvage or preservation of the aircraft shall not be recognised, except in the following cases:

a/ The right to priority in payment of remuneration for the salvage or preservation has been registered in accordance with Clause 2 of this Article;

b/ The organisation or individual carrying out the salvage or preservation and the organisation or individual liable for payment have reached agreement on the payable amount;

c/ The organisation or individual carrying out the salvage or preservation has instituted legal proceedings claiming payment of remuneration for such salvage or preservation.

Article 20. Debts having priority in payment

1. Debts having priority in payment shall be paid in the following order:

a/ Court fees and expenses for judgement enforcement;

b/ Remuneration for salvage and preservation of aircraft and related expenses;

c/ Other debts.

2. The debts specified in Point b, Clause 1 of this Article shall be paid in the order that debts incurred later shall be paid first. The debts specified in Point c, Clause 1 of this Article shall be paid in the order specified by relevant laws.

Article 21. International interests in aircraft and aircraft equipment registered under the international registration system

1. International interests in aircraft and aircraft equipment shall be implemented in accordance with the Cape Town Convention and Protocol.

2. When implementing remedies at the request of the authorised party designated in an IDERA registered with the Vietnam aviation authority in accordance with Articles IX and XIII of the Cape Town Protocol, the Vietnam aviation authority is not required to obtain the consent, approval, order or decision of a Vietnamese court before, during or after withdrawing the certificate of aircraft nationality registration and the certificate of airworthiness of aircraft, and effecting aircraft nationality deregistration.

3. Courts, the aircraft registration agency, customs authorities and other relevant state management agencies shall cooperate with and assist the authorised party designated in the IDERA in implementing the remedies specified in Articles IX and XIII of the Cape Town Protocol.

Article 22. Lease and purchase of aircraft

1. Vietnamese organisations and individuals may lease or purchase aircraft for the purpose of conducting commercial air transport and other civil aviation activities in Vietnam.

2. The introduction of aircraft into Vietnam for operation shall be approved by the Vietnam aviation authority on the basis of an assessment of:

a/ Technical requirements applicable to aircraft operated in Vietnam; and the organisation responsible for operation and maintenance of the aircraft;

b/ The fleet development plan for operation in Vietnam; aviation infrastructure; and the aviation safety oversight capacity of the Vietnam aviation authority;

c/ Lease term, aircraft age and number of aircraft;

d/ Requirements regarding the purchase of civil liability insurance in respect of passengers, baggage, cargo and third parties on the ground.

3. When using leased aircraft, the lessee may not allow the lessor or any other person related to the lessor to enjoy the lessee’s economic benefits or use the lessee’s air traffic rights.

4. A Vietnamese air transport enterprise shall formulate an aircraft fleet development plan for operation in Vietnam and notify the plan to the Vietnam aviation authority.

Article 23. Transfer of obligations between the State of registry and the State of the operator

1. In case Vietnamese organisations or individuals lease or exchange aircraft bearing foreign nationality for operation and use in Vietnam, the Vietnam aviation authority shall reach agreement with the competent authority of the State of registry to assume part or the whole of the obligations of the State of registry as specified in Clause 4 of this Article.

2. In case Vietnamese organisations or individuals lease out or exchange aircraft bearing Vietnamese nationality for operation and use abroad, the Vietnam aviation authority shall reach agreement with the competent agency of the State of the operator to transfer part or the whole of the obligations of the State of registry as specified in Clause 4 of this Article.

3. The assumption or transfer of the obligations of the State of registry must be consistent with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

4. The agreements mentioned in Clauses 1 and 2 of this Article shall be notified to ICAO and relevant aviation authorities; such agreements must cover part or the whole of the obligations relating to the implementation of the provisions:

a/ On air navigation services;

b/ On certificates of airworthiness;

c/ Applicable to crew members;

d/ On the installation and use of radio equipment on board aircraft.

Article 24. Suspension of flight operation

1. An aircraft that has not yet departed shall be suspended from operating its flight under a decision of a competent state agency or person in case one of the following circumstances arises:

a/ An urgent situation for the protection of national sovereignty or national security; or the flight showing signs of violation of regulations on the assurance of national defence or national security;

b/ Violation of regulations on airworthiness standards, aircraft operation, aviation safety, flight procedures, the formulation and implementation of flight plans, compliance with flight permits, or other signs threatening aviation safety;

c/ Signs of being threatened in terms of aviation security, or violation of aviation security regulations.

2. The pilot-in-command and the aircraft operator shall comply with the decision on suspension of the flight operation and have the right to request the competent state agency or person issuing such decision to clarify the reasons for the suspension.

3. A suspended flight may resume only after the competent state agency or person permits the flight resumption.

Article 25. Order for an aircraft to land

1. An aircraft flying within the territory of Vietnam may be ordered to land at a place designated by a competent state agency or person in case the flight shows signs of being threatened in terms of aviation safety or aviation security, or in other cases as required by a competent state agency or person.

2. An aircraft ordered to land may resume its flight only after the competent state agency or person permits the flight resumption.

Article 26. Arrest of aircraft

1. Arrest of aircraft is a measure applied by the People’s Court to an aircraft in the interests of the creditor, owner, third party on the ground suffering damage, or other persons having rights and interests in the aircraft as specified in Clause 2 of this Article, except the arrest of aircraft for the enforcement of a legally effective judgement or decision of a People’s Court or a coercive enforcement decision of a competent state agency. Arrest of aircraft may be applied to any aircraft belonging to the same owner.

2. The regional People’s Court of the locality where exists the airport at which the aircraft requested to be arrested lands has jurisdiction to decide on the arrest of the aircraft in the following cases:

a/ Upon the written request of the owner or creditor in case the aircraft serves as collateral for the creditor’s debt;

b/ Upon the written request of a third party on the ground suffering damage caused by an aircraft in flight, or of persons having rights and interests in the aircraft.

3. The person requesting the arrest of an aircraft shall provide financial security in the form and amount fixed by the People’s Court, equivalent to the damage that may be caused to the aircraft by such arrest.

4. In case an aircraft is arrested, the carrier and the aircraft operator shall still perform the obligations as committed under signed contracts.

5. The arrest of an aircraft shall be terminated in the following cases:

a/ The debts have been fully paid;

b/ A substitute security measure has been applied;

c/ The person requesting the arrest requests its withdrawal.

6. Procedures for the arrest of aircraft must comply with regulations of the National Assembly Standing Committee.

Article 27. Liability for compensation for damage

1. A competent state agency or person that unlawfully decides to suspend a flight operation, orders an aircraft to land, or requests the arrest of an aircraft shall compensate for damage caused to the aircraft operator and the carrier.

2. Compensation for damage shall be paid in accordance with law.

Chapter III

AIRPORTS

Article 28. Classification of airports

1. Airports shall be classified into:

a/ International airports, which are airports serving international flights and domestic flights;

b/ Domestic airports, which are airports serving domestic flights;

c/ Specialised airports, which are airports used for general aviation, specialised air transport or non-scheduled commercial air transport.

2. The limits of the areas adjacent to airports shall be determined in order to ensure aviation safety, aviation security, and search and rescue in civil aviation activities.

3. Domestic airports may receive international flights in certain cases as decided by competent state agencies.

4. Airports may be repurposed to military use in urgent cases for the performance of national defence and security tasks in time of war or a state of emergency in national defence or national security.

The Minister of National Defence and the Minister of Public Security shall decide on the repurposing of dual-use works used for national defence or security purposes to those used for civil aviation purposes for a definite period.

5. Aerodromes within airports may be operated for dual use by civil aviation and the people’s armed forces. The owners of national defence or security works shall decide on putting such works into dual-use operation and shall coordinate with agencies, units and localities in managing and operating such works in accordance with this Law and other relevant laws.

Article 29. Airport planning

1. Airport planning includes:

a/ The national airport system master plan, which is a sectoral master plan determining orientations for the development of the national airport system as a basis for formulating detailed airport plans. The national airport system master plan does not cover specialised airports;

b/ Detailed airport plans, which are detailed sectoral plans determining development orientations for and spatial organisation of airports.

2. The period for a detailed airport plan must conform to that of the national airport system master plan; it shall be periodically or extraordinarily reviewed according to development needs for adjustment in line with the socio-economic development conditions in each period.

3. The formulation, appraisal, approval and adjustment of master plans/plans must comply with the law on planning and the law on civil aviation.

Article 30. Investment in construction of airports and airport works

Investment in the construction of airports and airport works must adhere to the following principles:

a/ Compliance with detailed airport plans;

b/ Conformity with socio-economic development needs;

c/ Assurance of synchronous connectivity of infrastructure within airports, connectivity between airports and other mass transit infrastructure, and transport connectivity among airports within a region;

d/ Assurance of requirements for management and operation of dual-use works for both national defence/security purposes and civil purposes;

dd/ Compliance with regulations on investor capacity, market access conditions applicable to foreign investors, and conditions for the transfer of projects, project enterprises, capital, and assets formed during and after investment to foreign investors or foreign-invested organisations.

2. The State shall invest in, assign state enterprises to invest in, or organise the selection of investors in accordance with law for, the construction of new airports.

3. For airport works located on land used for national defence or security purposes and for public assets, competent agencies may decide on investment and permit investors or enterprises to:

a/ Invest in the construction, upgrading, expansion, maintenance and operation of works for dual-use purposes at airports on national defence or security land without transferring land use rights or repurposing land use repurposing;

b/ Invest in the upgrading, expansion and maintenance of airport works which are public assets without transferring ownership of such assets, and allocate and recover costs corresponding to the portion of investment and maintenance costs of the works;

c/ In case enterprises or investors transfer projects or change the operator or user of the works specified in Points a and b of this Clause, such transfer or change shall be decided by competent authorities.

4. For works affecting operational safety, works no longer serving any function, or works inconsistent with planning, competent authorities may decide on plans for demolition and relocation and proceed with compensation in accordance with law.

5. Airport investors or airport enterprises shall organise investment and sublease land for the construction of airport works in a manner that ensures publicity, transparency and fairness.

6. In case airport investors or airport enterprises carry out projects for the expansion or upgrading of airport works on land areas leased by the State, they are not required to carry out procedures for approval of investment policy.

Article 31. Investment in airport construction with non-state capital

1. The State shall organise the selection of investors for airport construction in the form of public-private partnership or in the form of business investment. Before deciding on the investment form, the competent state agency shall consult the Ministry of National Defence and the Ministry of Public Security in order to ensure national defence and security.

2. Investment in airports in the form of public-private partnership must comply with the law on investment in the form of public-private partnership. Investment in airports in the form of business investment must comply with the law on investment and the following provisions:

a/ The assignment of public assets to investors for airport construction and the determination of the value of public assets to be returned to the State must comply with the Government’s regulations;

b/ The investor shall transfer to the State the whole of aviation infrastructure assets formed from the project upon expiry of the project’s operation duration, including any extension period (if any), on the basis of compensation value calculated as equal to the residual book value of the invested assets at the time of transfer, in accordance with the Government’s regulations.

3. Investment in the expansion and upgrading of airports shall be carried out:

a/ At the proposal of the investor that has invested in airport construction; in such case, the competent agency shall reach agreement with the investor in order to organise the project implementation;

b/ Under the decision of the competent agency in case no agreement can be reached with the investor as specified in Point a of this Clause, or in case the investor fails to perform or improperly performs the obligations specified in Clause 1, Article 34 of this Law.

Article 32. Investment in the construction of offices of state agencies and air navigation works at airports

1. Investment in the construction of offices of state agencies at airports shall be carried out by the State or by airport investors.

2. Investment in the construction of air navigation works at airports shall be carried out by the State, enterprises providing air navigation services, airport enterprises or airport investors.

3. In case airport investors make investment under Clauses 1 and 2 of this Article, they shall transfer the constructed works to the State and shall be paid the value of the invested works in accordance with relevant laws.

4. Agencies and enterprises owning or managing offices of state agencies and air navigation works at airports shall invest in the upgrading, renovation and expansion of such works.

Article 33. Business activities at airports

1. Business activities at airports include:

a/ Airport operation business;

b/ Provision of aviation services at airports;

c/ Provision of other services.

2. The business lines specified in Points a and b, Clause 1 of this Article are conditional business lines in the field of civil aviation. The provision of other services specified in Point c, Clause 1 of this Article must comply with relevant laws.

Article 34. Rights and obligations of airport enterprises

1. In investing in the construction of airports and airport works, airport enterprises have the following rights and obligations:

a/ To organise the investment in construction, upgrading, renovation and expansion of airports and airport works in accordance with planning, except works falling within the scope of management and operation by air navigation service enterprises and cases in which the State decides on the investment plan;

b/ To invest in and procure equipment, technology and support software serving the control, administration and operation of airports and coordination in making decisions at airports.

2. In business activities at airports, airport enterprises have the following rights and obligations:

a/ To organise airport operation in the following forms: direct management and operation; assignment to, or hiring of, airport operators;

b/ To directly provide, or organise the provision of, aviation services and other services at airports; to ensure the quality of aviation services at airports;

c/ To franchise the operation of services at airports to service providers in respect of services subject to the State-controlled price brackets; to franchise the use of systems of shared technical infrastructure works at airports to other organisations and individuals providing services at airports.

3. To coordinate with relevant agencies and enterprises in the investment in, construction and operation of infrastructure and the provision of services under other transport modes at airports.

4. In case an airport enterprise directly operates an airport under Point a, Clause 2 of this Article, it must satisfy the requirements applicable to airport operators as specified in Clause 1, Article 35 of this Law; in case it directly provides aviation services and other services at airports as specified in Point b, Clause 2 of this Article, it must also comply with relevant regulations.

Article 35. Management of operation of airports

1. The management of operation of airports must ensure the following requirements:

a/ Maintenance of a unified, synchronised, continuous and efficient chain of operations;

b/ Compliance with law; satisfaction of ICAO standards and applicable technical regulations and standards;

c/ Assurance of service quality and facilitation of civil aviation activities at airports;

d/ Satisfaction of requirements for the operation of dual-use works;

dd/ Airport works and specialised aviation vehicles and equipment are subject to periodical inspection, extraordinary inspection and maintenance in order to ensure compliance with design standards, applicable operational standards and published operational manuals.

2. At every airport, the competent agency shall issue an airport certificate to one airport operator when such operator fully satisfies the conditions specified by the Government.

3. In the management and operation of airports, airport operators have the following rights and obligations:

a/ To maintain the conditions stated in the airport certificate;

b/ To directly manage, operate and maintain airports, airport works and equipment within the scope assigned for management;

c/ To assume the prime responsibility for coordinating operational activities and safety assurance tasks;

d/ To coordinate with agencies of the people’s armed forces in performing national defence and security assurance tasks at airports in accordance with the requirements and plans of competent state agencies;

dd/ To submit to the inspection and supervision by the Vietnam aviation authority, the Vietnam aviation security authority and other competent state agencies;

e/ To monitor and keep statistics on compliance with airport slot times, and recommend measures for the efficient use of airport slot times.

4. An airport operator may have its airport certificate revoked by a competent agency in accordance with the Government’s regulations. In case an airport operator has its airport certificate revoked, the State shall decide on the plan on operation of the airport.

Article 36. Commissioning and suspension of operation of airports, works and parts of works at airports

1. An airport may be put into operation only when it has an airport certificate.

2. A work or part of a work at an airport may be put into operation when so decided by a competent agency and when it fully satisfies operational conditions and standards.

3. A competent agency may decide on the suspension of operation of an airport, a work or part of a work at an airport in the following cases:

a/ Catastrophes, incidents, aircraft accidents and other abnormal situations threatening aviation safety or aviation security;

b/ Upgrading, renovation, expansion or repair of aviation infrastructure;

c/ Failure to satisfy operational conditions.

Article 37. Coordination of airport slot times

1. Coordination of airport slot times is the management and allocation of departure and arrival times of flights at airports.

2. The Vietnam aviation authority shall organise the coordination of airport slot times in adherence to the following principles:

a/ Within the limits and operational capacity of airports;

b/ Ensuring transparency and non-discrimination, except it is required for the reason of national defence or security;

c/ Ensuring convenience, efficiency, increased operational capacity and expanded route networks;

d/ Conforming with international practices.

Article 38. Take-off and landing areas

1. Take-off and landing area is a defined area on land or water or artificial structures for aircraft take-off and landing which does not form part of an airport.

2. A take-off and landing area may be put into operation only after being licensed by a competent state agency.

Chapter IV

FLIGHT OPERATIONS

Article 39. Management of flight operations

1. Management of flight operations covers:

a/ Organisation, operation and use of airspace;

b/ Issuance of flight permits;

c/ Provision of air navigation services;

d/ Coordination in the management of flight operations.

2. Aircraft operating within the territory of Vietnam and the flight information region managed by Vietnam must comply with the following provisions:

a/ To take off, fly and land in accordance with the route, airway, altitude, flight area, flight method, entry point and exit point specified in the flight permit, unless otherwise permitted by an air traffic service provider in accordance with regulations;

b/ To comply with regulations on flight operations and rules of the air; and regulations on pre-flight preparation, conduct of flight and post-flight procedures.

3. The pilot-in-command shall promptly report to the air traffic service provider in the following cases:

a/ The aircraft is unable to fly in accordance with the permitted route, airway, altitude, flight area, flight method, entry point or exit point, or is unable to land at the intended point specified in the flight permit;

b/ Situations requiring an emergency landing arise;

c/ Other urgent situations.

4. Enterprises, air traffic service providers and military agencies managing airspace shall promptly notify one another and coordinate the implementation of priority support and guidance measures when necessary, and share data and information serving the management of flight operations among agencies and units for coordination in flight control management.

5. An air traffic service enterprise shall provide air traffic services to all aircraft flying within its designated airspace. Aircraft operating within a defined airspace shall be controlled by only one air traffic service provider.

6. Aircraft conducting flight operations within the flight information region managed by Vietnam shall be provided with air navigation services appropriate to the classified airspace concerned.

7. Aircraft may not conduct demonstration or training flights over densely populated areas, unless permitted by competent state agencies.

Article 40. Organisation, operation and use of airspace

1. The organisation, operation and use of airspace for civil aviation activities shall be carried out in adherence to the principles of flexibility, regularity, efficiency and safety.

2. Organisation of airspace:

a/ Civil aviation airspace is airspace used for civil aviation purposes and classified in accordance with ICAO regulations;

b/ Shared aerodrome airspace is aerodrome airspace serving civil aviation activities and flight operations of the armed forces;

c/ No-fly zone is a defined airspace in which civil aviation activities are not permitted, unless authorised by competent agencies;

d/ Restricted zone is a defined airspace in which civil aviation activities must satisfy specific conditions;

dd/ Danger zone is a defined airspace in which civil aviation activities may become dangerous during specified periods.

Article 41. Issuance of flight permits

1. Aircraft operating within the territory of Vietnam must have flight permits issued by competent Vietnamese agencies.

2. Flight permits for flights shall be issued in adherence to the following principles:

a/ Satisfying the requirements of national defence, security and foreign affairs;

b/ Ensuring aviation safety and aviation security;

c/ Conforming to the capacity of airports and of air navigation service systems.

Article 42. Enforcement measures against violating aircraft

Aircraft encroaching no-fly zones or restricted zones, or violating regulations on the management of flight operations and the operation and use of airspace may be subject to interception, escort, compelled manoeuvring, forced landing, or other enforcement measures applicable to aircraft.

Article 43. Management of obstacles to ensure safety of flight operations

Management of obstacles to ensure safety of flight operations includes the following activities:

1. Determining height limits and obstacle limitation surfaces;

2. Publicly announcing aviation obstacle limitation surfaces, the permissible heights of structures in relation to aviation obstacle limitation surfaces in aerodrome areas with civil aviation activities, restricted areas for ensuring the normal operation of aeronautical radio stations, and obstacle limits in areas adjacent to airports;

3. Compiling statistics on, marking and publishing lists of natural and artificial obstacles that might affect the safety of flight operations;

4. Managing the affixture of markings and identification devices to high-rise buildings, bridge pylons, cable car lines, tower cranes, power transmission lines, radio equipment and other works and equipment affecting the safety of flight operations.

Article 44. Use of radio frequencies

1. Radio frequency bands used for radios and radio stations and aeronautical communication, navigation and surveillance systems serving flight operations shall be reserved exclusively for civil aviation activities.

2. The use of radio frequencies specified in Clause 1 of this Article must comply with this Law and the law on radio frequencies.

Article 45. Fuel jettison and dropping of baggage, cargo or other objects from aircraft

An aircraft in flight may not jettison fuel or drop baggage, cargo or other objects. For reasons of flight safety, for rescue purposes in an emergency circumstance, or for other flight missions in the public interest, an aircraft may jettison fuel or drop baggage, cargo and other objects into an area designated by competent agencies.

Article 46. Aeronautical information

Aeronautical data and aeronautical information shall be managed and published in accordance with the law on civil aviation and ICAO standards.

Article 47. Air navigation services

Air navigation services are public-utility services and include the following services:

a/ Air traffic management;

b/ Communication, navigation and oversight for flight operations;

c/ Aeronautical meteorology;

d/ Aeronautical information services;

dd/ Aeronautical search and rescue.

2. The State shall establish and organise enterprises to provide the services specified in Clause 1 of this Article. The services specified in Points a and d, Clause 1 of this Article shall be provided by enterprises in which the State holds 100% of charter capital.

3. Air navigation services must satisfy the requirements of safety, continuity, regularity and efficiency, and comply with regulations on the management, use and protection of airspace, assurance of national defence and security, cyberinformation security and cybersecurity.

4. The establishment of air navigation facilities, technical equipment systems, technical standards systems, operational manuals, and aeronautical charts and maps must conform to ICAO standards and guidance and to the National Air Navigation Services Programme.

5. Air navigation service providers, air navigation facilities, technical equipment systems, operational manuals, and aeronautical charts and maps shall be licensed or approved before being put into operation or use.

6. The National Air Navigation Services Programme shall be promulgated in order to organise and operate a unified air navigation services system consistent with ICAO’s Air Navigation Services Programme.

Article 48. Aeronautical search and rescue

1. An aircraft shall be deemed to be in distress in case the aircraft or persons on board are in danger which the crew members cannot remedy, or in case the aircraft has lost communication and its position has not yet been determined.

2. An aircraft shall be deemed to be in accident in case it is severely damaged during taxiing, take-off, flight or landing, or is completely destroyed, or in case it is forced to land outside an aerodrome.

3. An aircraft shall be deemed missing from the date of issuance of the decision terminating its search operations.

4. Enterprises, air traffic service providers, aeronautical search and rescue service providers, airport operators, and competent forces and state agencies shall coordinate with one another in the application of all necessary and timely measures to carry out search and rescue and to assist the aircraft, passengers, crew members and property.

5. Search and rescue for Vietnamese aircraft in distress or accident within foreign territory shall be conducted in accordance with the law of the State in which the aircraft is in distress or accident.

In case a foreign aircraft is in distress or accident in Vietnam, the State of its registry and the owner of the aircraft may participate in search and rescue operations in Vietnam and shall comply with Vietnam’s law.

6. Coordination in assistance and participation in search and rescue between Vietnam and other States must comply with treaties to which the Socialist Republic of Vietnam is a contracting party.

Chapter V

AIR TRANSPORT AND GENERAL AVIATION

Article 49. Air transport

1. Air transport is a conditional business line in the field of civil aviation and includes commercial air transport and specialised air transport.

2. Commercial air transport is the operation of aircraft for the carriage of passengers, cargo or mail for remuneration and includes scheduled commercial air transport and non-scheduled commercial air transport.

3. Specialised air transport is the operation of aircraft for business purposes in industrial production, agriculture, forestry, fisheries, construction, training, other economic sectors, and for search and rescue, emergency response, medical services, scientific research, culture, sports, calibration flights, surveying, photography, filming and other aerial activities.

Article 50. Conditions of carriage by air

1. Conditions of carriage by air constitute an integral part of a contract of carriage by air, specifying the carrier’s conditions for the carriage of passengers, baggage, cargo and mail by air.

2. Vietnamese airlines shall issue and publish their conditions of carriage and notifying competent agencies thereof.

Article 51. Air traffic rights

1. Air traffic rights are the rights to operate commercial air transport granted to airlines.

2. Airlines may carry out trade promotion activities and provide scheduled commercial air transport services only after being granted air traffic rights by competent agencies.

3. Domestic air traffic rights shall be granted only to Vietnamese airlines. Non-scheduled international air traffic rights and domestic air traffic rights shall be granted together with the flight permit.

4. Foreign airlines may operate domestic air transport flights upon approval by competent agencies in the following cases:

a/ Prevention of, response to and remediation of incidents or catastrophes;

b/ Urgent humanitarian relief;

c/ Serving the specific needs or purposes of organisations or individuals;

d/ Other special cases as required by competent state agencies.

5. The exchange of air traffic rights between Vietnam and other States shall be carried out through treaties to which the Socialist Republic of Vietnam is a contracting party. In case the Socialist Republic of Vietnam is not a contracting party to treaties, competent state agencies may permit airlines to temporarily operate scheduled international commercial air transport to and from Vietnam.

Article 52. Trading of commercial air transport services

1. Vietnamese airlines and foreign airlines may sell or issue passenger tickets, baggage tickets and air waybills directly at branches or ticket agents on the basis of agent appointment contracts or through electronic transactions.

2. Foreign airlines may establish branches and representative offices in Vietnam and shall register such with competent state agencies in accordance with law.

3. Foreign airlines providing commercial air transport services in Vietnam are entitled to make payments, convert currencies and remit foreign currency amounts abroad in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 53. Carriage of passengers and baggage

1. The carrier of passengers and baggage by air must enter into a contract of carriage with the passenger. Passenger tickets, baggage tickets, conditions of carriage, tariffs for carriage services and other written agreements between the parties constitute parts of the contract of carriage of passengers and baggage.

2. Obligations of the carrier when carrying passengers:

a/ To carry passengers and baggage to the agreed destination and to deliver checked baggage to the person entitled to receive it;

b/ To publicly announce the standards of commercial air transport services;

c/ To promptly notify passengers of information relating to the flight; to pay attention to and take care of passengers, especially passengers with disabilities or those requiring care during the carriage;

d/ In case a passenger has a confirmed reservation on a flight but the carriage is delayed or cancelled or the boarding is denied not due to the fault of the passenger, the carrier shall promptly notify and apologise to the passenger, ensure meals, accommodation and travel, and bear directly related expenses appropriate to the waiting time at the airport;

dd/ In case a passenger has a confirmed reservation on a flight but the carriage is delayed or cancelled or the boarding is denied due to the fault of the carrier, the carrier shall, in addition to performing the obligations specified in Points c and d of this Clause, arrange an appropriate itinerary for the passenger or refund the unused portion of the ticket at the request of the passenger without charging any related amount;

e/ In case, due to the fault of the carrier, a passenger with a confirmed reservation on a flight is denied boarding, or the flight is cancelled or subject to prolonged delay, the carrier shall perform the obligations specified in Points c, d and dd of this Clause and pay an advance, non-refundable compensation to the passenger in cash or in voucher of equivalent value. In case compensation for damage must be paid under the civil liability of the carrier, such compensation amount shall be deducted from the compensation payable under the civil liability;

g/ The carrier shall be held responsible for the accuracy of the information it publishes or notifies in accordance with this Clause.

3. The Vietnam aviation authority shall supervise the performance of the carrier’s obligations specified in Clause 2 of this Article.

Article 54. Refusal to carry passengers with tickets and confirmed reservations on a flight or in transit

The carrier has the right to refuse to carry a passenger in the following cases:

1. Due to the health condition of the passenger, the carrier sees that the carriage or continued carriage will cause harm to that passenger, other persons on board the aircraft, or the flight;

2. It is so needed to prevent the spread of an epidemic;

3. The passenger fails to comply with regulations on aviation safety, aviation security and air transport operations;

4. The passenger commits acts that disturb public order, threaten flight safety or affect the life, health or property of others;

5. The passenger uses alcohol or other stimulants to the extent that makes him/her lose behaviour control;

6. For security reasons;

7. At the request of a competent state agency.

Article 55. Rights of passengers

1. To be carried together with baggage to the destination and to enjoy services of corresponding quality in accordance with law and the contract of carriage.

2. In case a passenger is not carried due to the fault of the carrier, the passenger has the right to request the carrier to arrange an appropriate itinerary or to refund the unused portion of the ticket or services.

3. To be informed by the carrier of the limits of damage compensation liability applicable in case a passenger dies or is injured, or baggage is damaged, lost or delayed.

4. To receive a refund of the ticket price or the corresponding amount for the unused portion of the ticket or services, after having expenses and fines deducted in accordance with the conditions of the ticket or the contract of carriage, in the cases specified in Clauses 1, 2, 6 and 7, Article 54 of this Law.

5. To refuse the flight; in case a passenger is in transit, he/she has the right to refuse to continue the flight at any airport or place of forced landing and to receive a refund of the ticket price or the corresponding amount for the unused portion of the ticket or services, after having expenses and fines deducted in accordance with the regulations of the airline.

6. To be exempted from charges for the carriage of baggage at the minimum level specified in the relevant regulations or the published Conditions of Carriage of the airline.

7. Children aged between 2 years and under 12 years shall be assigned separate seats and shall use the assistance services of the airline when travelling without an accompanying adult; children aged under 2 years will not have separate seats and shall be accompanied by an adult.

Article 56. Obligations of passengers

1. To comply with regulations on aviation safety and aviation security.

2. To follow the instructions of the carrier during the carriage.

3. To compensate for damage in case the passenger is at fault causing damage to the carrier or the aircraft operator.

Article 57. Carriage of cargo

1. A contract of carriage of cargo is an agreement between the carrier and the carriage service hirer under which the carrier is obliged to carry the cargo to the destination and deliver it to the person entitled to receive it; the carriage service hirer is obliged to pay the charges for carriage.

2. The air waybill, other written agreements between the parties, Conditions of Carriage, and tariffs for carriage services are documents of the contract of carriage of cargo.

3. The carriage of cargo by air must have an air waybill. The air waybill is a document for the carriage of cargo by air, serving as evidence of the conclusion of the contract, the receipt of the cargo and the conditions of the contract.

Article 58. Refusal to carry cargo

The carrier has the right to refuse to carry cargo in the following cases:

1. The cargo is not consistent with the type of cargo agreed;

2. The consignor fails to comply with the conditions and instructions of the carrier regarding packaging, packing, marks and numbers of the cargo;

3. The cargo is refused for reasons of national defence or security.

Article 59. Responsibility of the consignor for provision of information

1. To be held responsible for the accuracy of information and commitments relating to the cargo recorded in the air waybill.

2. To provide necessary information and documents at the request of customs authorities, public security agencies and other competent authorities before the cargo is delivered to the consignee. The carrier is not obliged to check the accuracy or completeness of the information or documents provided by the consignor.

3. To compensate for damage caused to the carrier or damage for which the carrier is liable due to inaccurate, incomplete or improperly formatted information provided by the consignor into information storage media.

4. To present documents indicating the nature of the cargo at the request of customs authorities, public security agencies and other competent authorities.

Article 60. Contracting carrier and actual carrier

1. A contracting carrier is the person who enters into a contract of carriage by air with a passenger or consignor or the representative of a passenger or consignor.

2. An actual carrier is the person who performs the whole or part of the carriage under the authorisation of the contractual carrier but is not a successive carrier.

3. Responsibilities of the contracting carrier and the actual carrier:

a/ The contracting carrier is liable for the whole carriage agreed in the contract. The actual carrier is liable for the part of the carriage it performs;

b/ Acts of the contracting carrier and of its employees and agents within the scope of their duties shall be considered acts of the actual carrier in relation to the part of the carriage performed by the actual carrier. The actual carrier is not liable beyond the limit of damage compensation liability specified in Section 1, Chapter VI of this Law;

c/ Acts of the actual carrier and of its employees and agents within the scope of their duties shall be considered acts of the contracting carrier in relation to the part of the carriage performed by the actual carrier;

d/ Unless otherwise agreed by the actual carrier, agreements of the contracting carrier shall not affect the liability of the actual carrier in the following cases:

d1/ Agreement of the contracting carrier on obligations beyond those specified in this Law;

d2/ Agreement on waiver of the rights specified in this Law;

d3/ Agreement on declaration of the value of cargo and checked baggage in accordance with the Conditions of Carriage of the contractual carrier.

Article 61. Carriage of dangerous goods

1. Dangerous goods are goods containing objects or substances capable of causing danger to human health or life, flight safety, property or the environment and are included in the list of dangerous goods in the field of civil aviation.

2. The carriage of dangerous goods must comply with the law on civil aviation and other relevant laws.

3. The carriage by air of weapons, war equipment and radioactive materials may only be carried out when licensed by a competent agency.

Article 62. Compulsory insurance for liability for damage compensation

1. The carrier must purchase compulsory insurance for liability for damage compensation or take other security measures up to the limit of the carrier’s compensation liability for the following damage:

a/ Life and health of passengers;

b/ Loss, deficiency or damage of cargo and baggage;

c/ Other damage caused by delay in carriage.

2. The aircraft operator must purchase compulsory insurance for liability for damage compensation to third parties on the ground or take other security measures up to the limit of its liability for damage compensation.

Article 63. General aviation

1. General aviation is the operation of aircraft other than commercial air transport or specialised air transport.

2. General aviation activities must comply with regulations on aircraft, operation of aircraft, flight operations, aviation safety and aviation security conditions, and environmental protection, and other relevant regulations.

3. Organisations and individuals conducting general aviation activities must register such activities in accordance with regulations.

4. Organisations and individuals conducting general aviation activities must purchase compulsory insurance for liability for damage compensation.

Chapter VI

CIVIL LIABILITY

Section 1

RIGHTS AND CIVIL LIABILITY OF THE CARRIER

Article 64. The carrier’s liability for damage compensation

1. The carrier is liable to compensate for damage in case a passenger dies or is injured due to an accident occurring on board the aircraft or in the course of the carrier embarking or disembarking the passenger.

2. The carrier is liable to compensate for damage in case the checked baggage is destroyed, lost or damaged due to an event occurring on board the aircraft or while the checked baggage is under the control of the carrier. The carrier is not liable if the damage is due to the natural characteristics or inherent defect of the cargo. For carry-on baggage, including also personal items, the carrier is liable to compensate if the damage is caused by the fault of the carrier or its employees or agents.

3. In case the carrier admits the loss of the checked baggage or in case the checked baggage has not been delivered within 21 days from the date on which it should have been delivered under the contract of carriage, the passenger has the right to request the carrier to perform its liability under the contract so as to protect his/her rights under the contract.

4. The carrier is liable for the damage in case the cargo is damaged or lost if the event causing the damage occurs during the process of carriage by air. The process of carriage by air includes also the period during which the cargo is under the control of the carrier.

5. The process of carriage by air does not include the period of carriage by road, sea or inland waterway performed outside the airport.

In case the carriage by road, sea or inland waterway is performed for the purpose of loading, delivery or transhipment of cargo for the performance of a contract of carriage by air, such carriage shall be considered to be within the period of carriage by air, except cases in which the fault lies with the road, sea or inland waterway carrier.

In case the carrier replaces part or the whole of the carriage by air under the tentative agreement among the parties with another mode of carriage without the consent of the consignor, such carriage by another mode shall be considered to be within the period of carriage by air.

6. In case compensation has been paid for the cargo or baggage but such cargo or baggage is subsequently carried to the destination, the consignee or passenger shall still have the right to receive such cargo or baggage and refund the received compensation to the carrier.

7. The carrier shall refund to the consignor or passenger the carriage charge in respect of the cargo or checked baggage that suffers damage.

8. The levels of damage compensation and limitation of liability for damage compensation of the carrier shall be specified by the Government.

9. The carrier is only entitled to apply the limits of liability for damage compensation relating to the life and health of passengers if it can prove that the damage was not caused by its fault or was entirely caused by the fault of a third party.

10. The carrier is not entitled to apply the limits of liability for compensation for other damage in case it is proved that the damage resulted from an act of the carrier or its employees or agents with intent to cause damage, or recklessly with knowledge that damage will probably result. In case such act is committed by an employee or agent, it must be proved that such employee or agent acted while performing his/her duties.

Article 65. Exemption from or reduction of the carrier’s liability for damage compensation

1. In case it is proved that the damage resulted due to the fault of the party entitled to claim compensation for damage, the carrier is exempted from part or the whole of its liability for damage compensation corresponding to the degree of fault of the party entitled to claim compensation for damage.

2. In case it is proved that the damage to the life or health of a passenger resulted due to the fault of the passenger, the carrier is exempted from part or the whole of the liability for damage compensation corresponding to the degree of fault of the passenger; the carrier is not liable to compensate for damage to the life or health of the passenger if such damage is entirely caused by the health condition of the passenger.

3. The carrier is exempt from the liability for damage compensation if it can prove that the damage to or loss of cargo was attributed to:

a/ The natural characteristics or inherent defect of the cargo;

b/ Improper packing of the cargo not performed by the carrier or its employees or agents;

c/ War or armed conflict; or,

d/ A decision of a competent state agency relating to the receipt, delivery, entry, exit or transit of the cargo.

4. The carrier is not liable for damage caused by the delay in carriage if it can prove that it or its employees and agents could not take, or have taken, all necessary measures to avoid the damage but the damage still resulted.

Article 66. Agreement on limits of liability for damage compensation

1. Any agreement between the carrier and a passenger, consignor or consignee in order to exempt or reduce limits of the carrier’s liability for damage compensation is not legally valid.

2. The carrier may agree with a passenger, consignor or consignee on limits of liability for damage compensation higher than the law-specified limits.

Article 67. Compensation for damage to the carrier

1. A passenger, consignor or consignee shall compensate the carrier if causing damage to the carrier or causing damage to a third party for which the carrier is liable to compensate.

2. A third party shall compensate the carrier if causing damage to a passenger, consignor or consignee for which the carrier is liable to compensate the passenger.

Article 68. Advance payment

1. In case an aircraft accident occurs, causing damage to the life or health of a passenger, the carrier shall decide to immediately pay a sum of money to the passenger or to the person entitled to claim compensation for damage.

2. The advance payment specified in Clause 1 of this Article is not evidence for determining the fault of the carrier and shall be deducted from the amount of damage compensation payable by the carrier.

Article 69. Complaints and initiation of legal proceedings against the carrier

1. In the event of loss, deficiency, damage or delay in the carriage of cargo or checked baggage, a passenger, consignor or consignee or its/his/her lawful representative has the right to institute legal proceedings against the carrier to protect its/his/her lawful rights and interests.

2. Before instituting legal proceedings under Clause 1 of this Article, the passenger, consignor or consignee or its/his/her lawful representative shall file a written complaint with the carrier within:

a/ Seven days from the date of receipt of baggage in the event of loss, deficiency or damage of baggage;

b/ Fourteen days from the date of receipt of cargo in the event of deficiency or damage of cargo; or 21 days from the date on which the cargo should have been delivered in the event of loss of cargo; or,

c/ Twenty-one days from the date on which the person entitled to receive baggage or cargo has received the baggage or cargo in the event of delay in carriage.

3. In case the complaint is not made within the time limit specified in Clause 2 of this Article, the passenger, consignor or consignee or its/his/her lawful representative shall lose the right to institute legal proceedings against the carrier, except cases of justifiable reasons or when there is deception on the part of the carrier.

4. The carrier shall notify the complainant of the acceptance or non-acceptance of the complaint within 30 days from the date of receipt of the complaint. In case the complaint is not accepted or no reply is received within the time limit specified in this Clause, the complainant has the right to institute legal proceedings.

5. The initiation of legal proceedings relating to the liability for damage compensation against the carrier must comply with the conditions and limits of liability for damage compensation specified in this Law.

Article 70. Defendant

In case the carriage is performed by an actual carrier, the actual carrier or the contracting carrier or both may be sued; in case one carrier is sued, such carrier has the right to request the court to include the other carrier in the legal proceedings.

Article 71. Rights of employees and agents of the carrier when being subject to complaint

1. In the course of performing assigned duties, if an employee or agent of the carrier is subject to a complaint about compensation for damage, such employee or agent has the right to apply the carrier’s limits of liability for damage compensation.

2. The total amount of compensation for damage for which the carrier or its employees or agents is/are liable must not exceed the limits of liability for damage compensation.

Article 72. Jurisdiction of Vietnamese courts over disputes in international air transport

1. Vietnamese courts have jurisdiction to settle disputes arising from contracts of international carriage by air of passengers, baggage and cargo at the choice of the plaintiff in the following cases:

a/ The carrier is headquartered in Vietnam;

b/ The carrier has a place of business in Vietnam and the contract of carriage is concluded in Vietnam;

c/ Vietnam is the place of destination of the carriage.

2. A contract of carriage is considered a contract of international carriage by air as specified in Clause 1 of this Article when it falls into one of the following cases:

a/ The place of departure and the place of destination are situated in the territories of two different States;

b/ The place of departure and the place of destination are situated in the territory of one State but a stopping place is within the territory of another State, unless there is interruption in the carriage or transhipment.

3. For disputes relating to damage arising from the death or injury of a passenger, in addition to the cases specified in Clause 1 of this Article, Vietnamese courts have jurisdiction to settle the disputes in case the passenger’s place of residence at the time of occurrence of the accident is in Vietnam and one of the following conditions is met:

a/ The carrier conducts carriage of passengers to or from Vietnam by its own aircraft or by aircraft of another carrier under an agreement between the carriers for the joint operation of passenger carriage flights;

b/ The carrier uses its own place of business or the place of business of another carrier with which it has entered into a joint operation agreement to conduct air passenger carriage business in Vietnam.

Article 73. Settlement of disputes by arbitration

1. The parties to a contract of carriage of cargo may agree to settle disputes arising therefrom by arbitration. The arbitration agreement must be made in writing.

2. For disputes arising from contracts of international carriage of cargo relating to the carrier’s liability for damage compensation, the settlement of the disputes by arbitration in Vietnam may only be conducted in the cases specified in Clauses 1 and 2, Article 72 of this Law.

3. The provision of Clause 2 of this Article is considered an integral part of any arbitration clause or agreement. Any arbitration clause or agreement contrary to such provision is deemed null and void.

Article 74. Statute of limitation for instituting legal proceedings on the carrier’s liability for damage compensation

The statute of limitation for instituting legal proceedings on the carrier’s liability for damage compensation in respect of damage to passengers, baggage and cargo is 2 years, counted from the date on which the aircraft arrives at the destination, the date on which the aircraft should have arrived at the destination, or the date on which the carriage is terminated, whichever comes later.

Section 2

LIABILITY FOR COMPENSATION FOR DAMAGE TO THIRD PARTIES ON THE GROUND

Article 75. Right to claim compensation for damage

Agencies, organisations and individuals on the ground suffering damage caused by an aircraft in flight, or by persons, objects or substances from an aircraft in flight (below referred to as third parties on the ground), have the right to claim compensation for damage when there are grounds to believe that such damage is directly caused by the aircraft in flight or by persons, objects or substances dropping from the aircraft in flight.

Article 76. Liability for damage compensation

1. The aircraft operator liable to compensate for damage to third parties on the ground is the person directly using the aircraft or an employee of such person who uses the aircraft in the course of performing his/her duties at the time the damage results.

2. A person who uses an aircraft unlawfully, causing damage to a third party on the ground shall compensate for such damage. The possessor of the aircraft shall be jointly liable with the person unlawfully using the aircraft for the damage caused if he/she cannot prove that he/she has taken all necessary measures to prevent such unlawful use.

3. In case two or more aircraft in flight collide or obstruct each other, causing damage to a third party on the ground, the operator of each aircraft causing the damage shall be jointly liable for such damage in proportion to the degree of its fault.

4. The person liable to compensate for damage has the right to institute legal proceedings to claim recourse against organisations or individuals involved in causing the damage.

5. The insurance amount or other security interests specified in Clause 2, Article 62 of this Law is/are not subject to distraint for securing the claims of creditors of the aircraft operator.

Article 77. Exemption from or reduction of liability for damage compensation

1. In case the damaged party is at fault in causing the damage, the level of compensation payable by the damaging party shall be reduced in proportion to the degree of fault of the damaged party; if the damage is entirely caused by the fault of the damaged party, the damaging party is not liable to compensate.

2. The aircraft operator is exempt from liability for damage compensation if the damage is the direct consequence of a war or an armed conflict or in case the aircraft is requisitioned by a competent state agency.

3. Insurance businesses and organisations or individuals providing security measures are entitled to exemption from or reduction of liability for compensation in the following cases:

a/ The cases specified in Clauses 1 and 2 of this Article;

b/ The damage results when the insurance contract or security measure has expired. In case the aircraft is in flight at the time the insurance contract or security measure expires, the insurance or security period shall be extended until the aircraft lands at the next point of the journey, but must not exceed 24 hours from the time of expiry. Such extension may apply only when it is beneficial to the damaged party;

c/ The damage results outside the spatial scope specified in the insurance contract or security measure, except cases of force majeure events or emergency circumstances.

Article 78. Application of provisions on compensation for damage to third parties on the ground

1. In case an aircraft in flight causes damage to ships, vessels or works of Vietnam in Vietnamese waters, international waters, or land areas not under the sovereignty, sovereign rights or jurisdiction of any State, the provisions of this Section shall apply.

2. The court in the place where the damage results has jurisdiction to settle claims for compensation for damage to third parties on the ground, unless otherwise provided by a treaty to which the Socialist Republic of Vietnam is a contracting party.

3. The statute of limitation for instituting legal proceedings to claim compensation for damage to third parties on the ground is 2 years from the date on which the event causing the damage occurs.

Chapter VII

AVIATION SAFETY

Section 1

AVIATION SAFETY MANAGEMENT

Article 79. Aviation safety

1. Activities relating to aircraft, aircraft operations, airports, air navigation services and provision of aviation services must comply with regulations on aviation safety and are subject to aviation safety management and oversight by the Vietnam aviation authority.

2. Applicable aviation safety regulations and standards must be consistent with ICAO standards.

3. Aviation incidents and accidents must have their causes identified in order to implement necessary measures to promptly provide solutions and measures to prevent incidents and accidents related to aircraft during operation and to prevent aviation incidents and accidents in the future.

Article 80. Vietnam’s State Safety Programme for Civil Aviation

1. Vietnam’s State Safety Programme for Civil Aviation is a system of regulations and activities aimed at maintaining and improving aviation safety levels, in line with the scale of development and diversity of civil aviation activities.

2. The Vietnam aviation authority shall organise, coordinate, inspect and supervise the implementation of Vietnam’s State Safety Programme for Civil Aviation; and decide on waiver of application of technical regulations, standards or mandatory requirements in the fields of aircraft, aircraft operations, airports and air navigation services, based on rigorous assessment of aviation safety risks.

Article 81. Aviation safety management systems

1. An aviation safety management system is a system of methods for managing aviation safety, covering organisational structure, functions, tasks, policies and procedures, that is established by organisations and individuals on the basis of Vietnam’s State Safety Programme for Civil Aviation.

2. The following organisations and individuals are required to establish and implement an aviation safety management system:

a/ Organisations providing pilot training and flight training;

b/ Aircraft operators;

c/ Organisations engaged in the design, manufacture, testing and maintenance of aircraft, aircraft engines, aircraft propellers and aircraft equipment;

d/ Air navigation service enterprises;

dd/ Airport operators;

e/ Enterprises providing aviation services at airports.

3. The organisations and individuals specified in Clause 2 of this Article shall share aviation safety data and aviation safety information with the Vietnam aviation authority through the aviation safety data collection, evaluation and processing system specified in Article 82 of this Law.

4. The Vietnam aviation authority shall supervise the establishment and implementation of aviation safety management systems by organisations and individuals as specified in Clause 2 of this Article.

Article 82. Aviation safety data collection, evaluation and processing system

1. The aviation safety data collection, evaluation and processing system is a system comprising integrated processes and mechanisms for collecting, storing, synthesising, analysing, evaluating and processing aviation safety data and aviation safety information. The aviation safety data collection, evaluation and processing system includes aviation safety data and aviation safety information.

2. Aviation safety data are safety-related facts or figures collected from aircraft accident or incident investigations, aviation safety occurrence reports, aviation safety oversight activities, safety studies and surveys, and other sources related to aviation safety for maintaining or improving aviation safety levels.

3. Aviation safety data shall be collected, synthesised, analysed, evaluated, classified and stored in accordance with ICAO guidance to ensure effective implementation of Vietnam’s State Safety Programme for Civil Aviation.

4. Aviation safety information is the result of the process of evaluation and processing of aviation safety data. Aviation safety data and aviation safety information shall be used for the purpose of maintaining and improving aviation safety and constitute part of the civil aviation database.

5. Aviation safety data and aviation safety information collected from the aviation safety data collection, evaluation and processing system shall be protected in accordance with the law on data and the law on personal data protection. When requested by a competent proceedings-conducting agency, the Vietnam aviation authority shall transfer such data and information in accordance with the procedural law.

6. The Vietnam aviation authority shall establish an Aviation Safety Data Centre to establish, manage and operate the aviation safety data collection, evaluation and processing system.

Article 83. Responsibility for exchange and sharing of aviation safety information

1. The Vietnam aviation authority shall exchange and share aviation safety information and facilitate the exchange and sharing of aviation safety information among aviation service enterprises and organisations for the purpose of improving aviation safety.

2. In case of aviation safety issues related to other States, the Vietnam aviation authority shall exchange and share aviation safety information with the relevant States.

3. The exchange and sharing of aviation safety information must comply with the law on data, the law on personal data protection and other relevant laws.

Article 84. Development of aviation safety culture

1. Aviation safety culture is the manner in which organisations and individuals behave in relation to safety in civil aviation activities.

2. The development, conduct and promotion of aviation safety culture are the responsibility of agencies, organisations and individuals participating in civil aviation activities.

3. Organisations providing aviation services shall develop and implement aviation safety culture standards within their organisations.

4. The Vietnam aviation authority shall coordinate with relevant agencies and organisations to strengthen communication, dissemination and education activities in order to raise public awareness about aviation safety.

Article 85. Aviation safety supervisors

1. Aviation safety supervisors include safety supervisors in the fields of aircraft, aircraft operations, air navigation services, airport operations and other civil aviation activities.

2. Aviation safety supervisors are individuals with the competence, experience and qualifications approved by the Vietnam aviation authority.

3. Aviation safety supervisors have the following tasks and powers:

a/ To inspect and supervise compliance with the regulations on civil aviation safety;

b/ To request the provision and copying of documents and to have unrestricted access to facilities and systems of equipment of service providers in accordance with ICAO guidance for the purpose of aviation safety inspection and oversight within the assigned scope and fields;

c/ To suspend flights or the operation of organisations, individuals and means that violate aviation safety regulations or fail to meet technical standards and conditions on aviation safety within the assigned scope and fields;

d/ To recommend the application of measures for handling and remedying violations in civil aviation activities; to recommend sanctioning of administrative violations;

dd/ To attend training, upskilling, experience accumulation and specialised aviation training sessions so as to be sufficiently qualified;

e/ To be entitled to regimes and benefits for performing aviation safety oversight; to be provided with means, equipment, technology and supporting software necessary for the performance of their duties in accordance with law.

4. The Vietnam aviation authority may hire individuals or employ or mobilise qualified personnel to act as aviation safety supervisors in case there are insufficient human resources to perform aviation safety oversight. The hiring or mobilisation of aviation safety supervisors shall be conducted on the basis of agreement between the Vietnam aviation authority and the concerned individuals or enterprises and is not subject to bidding procedures.

5. The Vietnam aviation authority may be allocated state budget funds to hire aviation safety supervisors in accordance with specific norms and to ensure operational funding for hired or mobilised aviation safety supervisors. Employers shall pay salaries to aviation safety supervisors mobilised by the Vietnam aviation authority.

6. The Vietnam aviation authority shall coordinate with aviation enterprises to organise professional training, upskilling and experience accumulation courses in accordance with ICAO regulations for aviation safety supervisors who are civil servants. Aviation safety supervisors participating in professional training, upskilling and experience accumulation courses are entitled to remuneration and other benefits as agreed.

7. Enterprises providing services in the field of aviation shall provide financial and material support for organisation of professional training, upskilling and experience accumulation courses for civil servants acting as aviation safety supervisors.

Section 2

INVESTIGATION OF SERIOUS INCIDENTS AND AIRCRAFT ACCIDENTS

Article 86. Investigation of serious incidents and aircraft accidents

1. The investigation of serious incidents and aircraft accidents is mandatory investigation in accordance with the 1944 Convention on International Civil Aviation, aimed at identifying the causes of such serious incidents and aircraft accidents.

2. The investigation of serious incidents and aircraft accidents is not criminal investigation under the law on criminal procedure.

Article 87. Organisation and coordination of investigation; notification and provision of documents relating to serious incidents and aircraft accidents

1. The investigation of serious incidents and aircraft accidents shall be conducted independently from aviation safety oversight activities of the Vietnam aviation authority.

2. The competent agency under the Ministry of Construction shall coordinate with relevant agencies and organisations to conduct investigations into serious incidents and aircraft accidents occurring within the territory of Vietnam. When necessary, the investigation may be authorised to the investigation authority of another State or to an international investigation organisation.

3. Upon the occurrence of a serious incident or an aircraft accident, the competent agency under the Ministry of Construction shall notify thereof to ICAO and the State of registry, the State of the operator, the State of manufacture, the State of design and other relevant States in accordance with the 1944 Convention on International Civil Aviation.

4. Agencies, organisations and individuals shall promptly report information on aircraft incidents and accidents and preserve evidence. The notification of, and provision of documents relating to, serious incidents and aircraft accidents must comply with ICAO guidance.

5. Violations of law detected during the investigation of serious incidents and aircraft accidents shall be handled in accordance with law.

Chapter VIII

AVIATION PERSONNEL

Article 88. Aviation personnel

1. Aviation personnel are persons who are engaged in activities directly related to aviation safety assurance. In case aviation personnel are employees under labour contracts, such contracts shall be concluded in writing.

2. Aviation personnel must undergo training at, and issued professional certificates by, aviation personnel training institutions authorised or recognised by competent agencies. The provision of professional training and upskilling for aviation personnel is a conditional business line in the field of civil aviation.

3. When assigning duties to aviation personnel, employers must ensure that such personnel hold licences issued or recognised by competent agencies, or appropriate professional certificates in accordance with regulations.

4. Aviation personnel performing special jobs shall comply with labour discipline and working time and rest time regimes specified by the Government.

5. Flight crew members and air traffic controllers must undergo medical assessment at qualified health establishments and be issued certificates of medical fitness by the Vietnam aviation authority in order to perform their duties.

6. Cockpit crew members and air traffic controllers must have their English language proficiency assessed by the Vietnam aviation authority in accordance with ICAO standards.

Article 89. Flight crew

1. Flight crew are persons assigned by the aircraft operator to perform duties on board an aircraft during the performance of a flight.

2. Flight crew members shall comply with orders of the aircraft commander and may not leave the aircraft without the permission of the aircraft commander.

3. Cockpit crew members are flight crew members who hold licences to perform the operation and control of the aircraft and must carry their aviation personnel licences during the performance of duties.

4. Flight crew members must carry certificates of medical fitness when performing duties.

5. An aircraft may only conduct a flight when it has sufficient cockpit crew members in accordance with the law of the State of registry.

6. Cabin crew are flight crew members who are assigned by the aircraft operator or the aircraft commander to perform duties to ensure the safety for passengers, but may not perform the duties of cockpit crew members.

7. The aircraft operator is obliged to ensure the benefits of flight crew members in accordance with labour contracts and Vietnam’s law.

Article 90. Aircraft commander

1. The aircraft commander is the pilot designated by the aircraft operator for a flight. In general aviation activities, the aircraft commander shall be designated by the aircraft owner.

2. The aircraft commander has the highest power on board the aircraft and is responsible for ensuring aviation safety and aviation security for the aircraft, persons and property on board throughout the entire duration of the flight in accordance with regulations.

3. Rights of the aircraft commander:

a/ To decide on and be responsible for take-off, landing, cancellation of the flight, return to the point of departure or emergency landing;

b/ To refuse to perform the flight mission, flight plan or instructions of the air traffic service provider when necessary to avoid immediate and direct danger to aviation activities, and to immediately report thereon to the air traffic service provider. In case it is necessary to deviate from the airway to avoid immediate and direct danger, when the danger no longer exists, the aircraft commander and the air traffic service provider shall promptly take necessary measures to return the aircraft to the airway;

c/ During flight, to apply deterrent measures to persons committing violations on board the aircraft in accordance with regulations;

d/ To consider and decide to land at any airport in order to prevent or terminate acts threatening safety or security of the flight; to hand over persons committing the acts specified in Point c of this Clause to competent authorities upon landing;

dd/ To decide on fuel jettison, or the dropping of baggage, cargo or other objects from the aircraft in accordance with Article 45 of this Law;

e/ To issue necessary orders to all persons on board the aircraft and to continue to perform duties and exercise powers until a competent state agency assumes responsibility for the aircraft, and the persons and property on board the aircraft in the event of a forced landing;

g/ To perform necessary jobs in case instructions from the aircraft operator are not received or are unclear, and to immediately notify such to the aircraft operator.

4. Obligations of the aircraft commander:

a/ To comply with instructions of the aircraft operator;

b/ To take necessary measures to ensure the safety for the aircraft, persons and property on board when the aircraft is in distress or in accident, and to be the last person to leave the aircraft;

c/ To notify the air traffic service provider and provide assistance to the extent possible, without causing danger to the aircraft, and the persons and property on board, when detecting persons, means of transport or other property in distress outside the aircraft;

d/ To take necessary measures to return the aircraft to the airway in case of deviation from the airway.

Chapter IX

AVIATION SECURITY

Article 91. Assurance of aviation security

1. The assurance of aviation security must comply with this Law, the laws on national security, national defence, the People’s Public Security forces, and counter-terrorism, and other relevant laws.

2. Measures for ensuring aviation security include:

a/ Establishing restricted zones at airports and at locations where exist aviation facilities and equipment in order to protect aircraft and facilities and equipment in such areas;

b/ Conducting aviation security inspection, screening and oversight in respect of aircraft, vehicles, persons, baggage, cargo and travel documents, and the entry into, exit from, and activities in, restricted zones in accordance with regulations; conducting searches of aircraft, vehicles, persons, baggage and cargo when there are signs of threats to aviation security;

c/ Eliminating the possibility of unlawful carriage of dangerous items by air; applying special preventive measures when permitting the carriage of dangerous items or persons posing potential threats to aviation security; imposing permanent or temporary bans on carriage for disruptive passengers, persons committing acts of unlawful interference with civil aviation activities, or when required by competent state agencies;

d/ Conducting aviation security oversight and maintaining order at airports and locations where exist aviation facilities and equipment, and on board aircraft;

dd/ Conducting counter-terrorism measures on board aircraft;

e/ Applying special preventive measures when permitting the carriage of dangerous persons;

g/ Conducting internal security control for aviation personnel.

Article 92. Establishment and protection of restricted zones

1. Restricted zones are areas of airports and locations where exist aviation facilities and equipment and where the entry, exit and activities must comply with regulations of competent state agencies. Restricted zones shall be subject to aviation security inspection, screening, oversight and search.

2. The establishment of restricted zones at airports and locations where exist aviation facilities and equipment must be consistent with the purpose of aviation security assurance and the nature of civil aviation activities.

Article 93. Aviation security inspection, screening, oversight and search for flights

1. Aircraft must undergo aviation security inspection and oversight prior to the performance of a flight; in case there are signs or information indicating threats to the security or safety of the flight, aviation security search shall be conducted.

2. Passengers, flight crew members, flight attendants, other relevant persons, baggage, cargo, travel documents, postal items and other articles must undergo aviation security inspection, screening and oversight before boarding the aircraft; when there are signs or information indicating threats to the security or safety of the flight, aviation security search shall be conducted. Aviation security oversight and the maintenance of order on board the aircraft shall be carried out throughout the flight.

Article 94. Respose to acts of unlawful interference with civil aviation activities

1. Acts of unlawful interference with civil aviation activities are acts capable of threatening the safety of civil aviation activities, which may be any of the following acts:

a/ Illegal seizure of an aircraft;

b/ Destruction of an aircraft in operation;

c/ Hostage-taking on board an aircraft or at an airport;

d/ Forced intrusion into an aircraft, at an airport, or on civil aviation facilities and equipment;

dd/ Introduction of dangerous items on board an aircraft, into an airport or other restricted zones for criminal purposes. Dangerous items include weapons, ammunition, combustible substances, flammable substances, exploding substances, explosives, chemical and biological agents, radioactive materials and other objects or substances capable of causing, or intended to cause, danger to human life or health or flight safety;

e/ Use of an aircraft as a weapon for the purpose of causing death or serious injury to humans or causing serious damage to property or the environment;

g/ Provision of false information to the extent that it threatens the safety of an aircraft in flight or on the ground; the safety of passengers, flight crew, ground personnel or persons at airports and civil aviation facilities and equipment;

h/ Intentional commission of acts in violation of law that threaten the safety of aircraft operations, airport operations or air navigation services;

i/ Other acts as determined by competent state agencies in accordance with regulations.

2. All measures in response to acts of unlawful interference with civil aviation activities must prioritise the safety of aircraft and human life.

3. Aircraft in flight that are unlawfully interfered with must be given priority in air navigation services and other necessary assistance.

4. In exceptional cases that fall beyond the competence of relevant ministries and sectors, the Prime Minister shall decide on measures to ensure the safety for aircraft, flight crew, passengers, baggage and cargo on board.

5. Airlines shall bear all costs related to the response to acts of unlawful interference with their aircraft.

Article 95. Aviation security control force

1. The aviation security control force shall be organised to implement measures for ensuring aviation security, public order and social safety in accordance with its assigned functions and duties.

2. The operational scope of the aviation security control force covers airports; on board aircraft; air traffic service enterprises; organisations engaged in the design, manufacture, testing and maintenance of aircraft, aircraft engines, aircraft propellers and aircraft equipment; organisations providing aviation services at airports; and organisations handling cargo and postal items for loading onto aircraft.

3. The aviation security control force shall be recruited and trained to meet professional requirements; and has uniforms, insignia and rank badges under regulations.

4. The aviation security control force shall be equipped with, and permitted to use, weapons, supporting tools, equipment and means to perform its duties in accordance with law.

Article 96. Aviation security supervisors

1. Aviation security supervisors are individuals with appropriate competence, experience and qualifications appointed by the Vietnam aviation authority to perform aviation security quality control, covering aviation security testing, inspection and investigation.

2. Persons conducting aviation security testing, inspection and investigation must possess an aviation security supervisor card issued by the Vietnam aviation authority. When performing duties, aviation security supervisors must present their cards; have the right to access any restricted zones, vehicles, aviation equipment or aircraft; request the provision of information and documents to serve duty performance; and have the right to suspend violations, make records and confiscate relevant documents, cards and permits of violators.

3. The Vietnam aviation authority may recruit, hire or mobilise aviation security supervisors.

4. Enterprises providing services in the field of aviation shall support and facilitate the training, upskilling and experience accumulation of personnel of the Vietnam aviation authority for them to perform duties as aviation security supervisors.

Article 97. Aviation security programmes

1. Aviation security programmes specify the responsibilities of agencies, organisations and individuals; processes, procedures and measures for aviation security assurance; aviation security quality control; and aviation security training, including:

a/ The Vietnam State Security Programme for civil aviation;

b/ The Vietnam Civil Aviation Security Training Programme;

c/ The Vietnam Aviation Security Quality Control Programme.

2. Airport operators, aircraft operators, Vietnamese and foreign airlines, air traffic service enterprises, organisations engaged in the design, manufacture, testing and maintenance of aircraft, aircraft engines, aircraft propellers and aircraft equipment, organisations providing aviation services at airports, and organisations handling cargo and postal items for loading onto aircraft shall formulate aviation security programmes within their scope of management in accordance with Clause 1 of this Article.

Article 98. Responsibilities of organisations and individuals participating in civil aviation activities for ensuring aviation security

1. The Vietnam aviation authority shall ensure aviation security, public order and social safety within the areas specified in Clause 2, Article 95 of this Law.

2. Airport operators, aircraft operators, airlines, air traffic service enterprises, organisations engaged in the manufacture, maintenance and repair of aircraft and aircraft equipment, organisations providing aviation services at airports, and organisations handling cargo and postal items for loading onto aircraft shall formulate, submit to the Vietnam aviation authority for approval, and organising the implementation of, aviation security programmes under regulations.

3. Foreign aircraft operators and airlines conducting commercial air transport to and from Vietnam must have aviation security programmes approved by the aviation security authority of their States of registry and shall submit such programmes to the Vietnam aviation authority for acceptance, and commit to carrying out additional security procedures at points of operation in order to comply with the requirements of the Vietnam National Civil Aviation Security Programmes.

4. Airlines and aircraft operators conducting international flights in Vietnam shall provide in advance information on flights, passengers and flight crew to competent state agencies.

5. Other organisations and individuals participating in civil aviation activities shall comply with the law on aviation security.

Chapter X

STATE MANAGEMENT OF CIVIL AVIATION

Article 99. Contents of state management of civil aviation

1. State management of civil aviation includes the following contents:

a/ To promulgate, and organise the implementation of, legal documents, techno-economic norms, standards, technical regulations, regulations and processes on civil aviation;

b/ To formulate, and organise the implementation of, strategies, master plans, plans and policies on development of the civil aviation industry and low-altitude air transport activities in accordance with law;

c/ To manage civil flight activities within the territory of Vietnam and the flight information region managed by Vietnam; to manage air navigation plans; to manage investment in the construction of air navigation facilities, technical systems and equipment ensuring air navigation;

d/ To manage investment in construction and operation of aviation infrastructure;

dd/ To manage commercial air transport, specialised air transport and general aviation; to grant flight permits and air traffic rights; to coordinate arrival and departure slots at airports;

e/ To register aircraft and register rights to aircraft;

g/ To manage the development of the aviation industry;

h/ To issue, approve and recognise certificates, licences, letters of certification and other documents relating to civil aviation activities;

i/ To manage aviation safety and aviation security assurance; to regulate the assurance of security and safety for special flights and special cabins;

k/ To manage search and rescue operations and the investigation of aviation incidents and accidents;

l/ To manage aeronautical obstacles;

m/ To conduct international cooperation in civil aviation;

n/ To manage training and development of human resources in the civil aviation industry and the medical assessment of aviation personnel;

o/ To manage science and technology activities in the field of civil aviation; environmental protection, disaster preparedness, and response to climate change in civil aviation activities;

p/ To manage prices, charges and fees in civil aviation activities;

q/ To conduct examination, inspection, settlement of complaints and denunciations, and handling of violations in civil aviation activities;

r/ To recognise and apply ICAO standards, procedures, regulations, guidance materials, technical instructions and recommended practices; and advanced and modern procedures, standards, regulations, guidance materials, technical instructions and recommended practices of aviation authorities and international civil aviation organisations that are widely applied worldwide;

s/ To manage service quality in civil aviation activities.

2. The Government shall perform the unified state management of civil aviation.

3. The Ministry of Construction shall act as the focal point assisting the Government in performing the unified state management of civil aviation and has the following tasks:

a/ To assume the prime responsibility for, and coordinate with the Ministry of National Defence and the Ministry of Public Security in, organising the use of airspace for civil aviation activities;

b/ To assign subordinate agencies to perform the functions of specialised agencies in charge of construction in accordance with the Law on Construction for investment projects on construction of aviation infrastructure nationwide;

c/ To perform the state management of assurance of safety in civil aviation activities;

d/ To promulgate Vietnam’s State Safety Programme for Civil Aviation;

dd/ To manage means, equipment and types of transport used in civil aviation activities.

4. The Ministry of National Defence has the following responsibilities:

a/ To unify the organisation of the protection of airspace sovereignty; to manage airspace and supervise civil aviation activities;

b/ To coordinate with the Ministry of Construction and the Ministry of Public Security in organising the use of airspace for civil aviation activities;

c/ To manage and operate airport works under its management;

d/ To decide, for a definite period, on the repurposing of airports used for national defence purposes to dual-use operation;

dd/ To manage means and equipment related to military, security and defence purposes, excluding aerial vehicles managed by the public security forces.

5. The Ministry of Public Security has the following responsibilities:

a/ To perform the state management of aviation security;

b/ To coordinate with the Ministry of Construction and the Ministry of National Defence in organising the use of airspace for civil aviation activities;

c/ To manage and operate airport works under its management;

d/ To decide, for a definite period, on the repurposing of airports used for security purposes to dual-use operation;

dd/ To manage means and equipment used in aviation activities managed by the public security forces;

e/ To promulgate regulations on aviation security programmes.

6. Ministries and ministerial-level agencies shall, within the ambit of their respective duties and powers, coordinate with the Ministry of Construction in performing the state management of civil aviation in accordance with the Government’s regulations.

7. People’s Committees at all levels shall, within the ambit of their respective duties and powers, perform the state management of areas adjacent to airports; protect the airport environment; coordinate in search and rescue operations and the investigation of aircraft incidents and accidents; manage aeronautical obstacles; and manage investment in the construction of airports.

Article 100. Vietnam aviation authority

1. The Vietnam aviation authority is an agency under the Ministry of Construction, performing the state management of aviation safety; having other tasks and powers in the field of civil aviation; and issuing, approving and recognising certificates, licences, letters of certification and other documents related to civil aviation activities in accordance with ICAO standards and treaties to which the Socialist Republic of Vietnam is a contracting party, except the case specified in Clause 1, Article 101 of this Law.

2. The head of the Vietnam aviation authority shall organise the implementation of the tasks and powers of the Vietnam aviation authority.

3. Airport authorities are agencies directly under the Vietnam aviation authority, established to perform a number of tasks and powers of the Vietnam aviation authority at airports and specialised airports.

Article 101. Vietnam aviation security authority

1. The Vietnam aviation security authority is an agency under the Ministry of Public Security, responsible for formulating, developing, implementing and maintaining aviation security programmes in order to prevent, detect, deter and defeat acts of unlawful interference with civil aviation activities; and for issuing aviation security control cards and licences, training certificates, competency certificates and licences related to aviation security.

2. The Vietnam aviation security authority shall coordinate activities among ministries, sectors and other organisations of the State, airport operators and aircraft operators, air traffic service enterprises and other relevant entities in implementing the provisions of national civil aviation security programmes through the mechanism of the National Committee on Aviation Security and Facilitation.

3. To organise the assessment of compliance with ICAO aviation security standards at foreign airports operating flights to Vietnam; to consider and decide on the suspension of flight operations or the suspension of airlines operating flights from foreign countries to Vietnam that fail to comply with or meet ICAO aviation security standards.

Article 102. Coordination of state management activities at airports

1. Airport authorities and other agencies at airports shall, within the ambit of their duties and powers, carry out professional activities and coordinate with one another in resolving arising issues, ensuring aviation safety, aviation security, service quality and the normal operation of airports.

2. Airport authorities shall assume the prime responsibility for and coordinate the activities of state management agencies at airports; and convene and chair regular or ad hoc joint meetings between state management agencies and organisations operating at airports.

3. In case an airport is declared an area affected by a dangerous epidemic, the airport authority shall coordinate with agencies and organisations operating within the airport to apply appropriate measures to prevent the spread and contain the epidemic under the professional directions of competent state agencies.

Article 103. Service prices and charges and fees in the aviation sector

1. The management of service prices, charges and fees in the aviation sector must comply with the law on prices and the law on charges and fees, except Clauses 2 and 3 of this Article. The prices of scheduled basic economy-class domestic air passenger carriage services shall be determined in accordance with market mechanisms, subject to price regulation by competent state agencies in line with market fluctuations, in order to protect consumer rights.

2. The Vietnam aviation authority and the Vietnam aviation security authority may retain a portion of collected charges in accordance with the Government’s regulations to support the improvement of human resource quality, international cooperation, and investment in development and modernisation, in order to enhance the aviation safety and aviation security oversight capacity in accordance with ICAO standards.

3. Organisations assigned by competent state agencies to provide public services in the field of civil aviation may retain a portion of collected charge to support the improvement of human resource quality, international cooperation, investment in development and modernisation, in order to enhance aviation safety and aviation security assurance capacity in accordance with ICAO standards.

4. Prices for passenger services at airports and security charges for passengers and baggage shall be collected by airlines through passenger transport service prices.

Chapter XI

IMPLEMENTATION PROVISIONS

Article 104. To amend and supplement a number of articles of relevant laws

1. To add Sub-item 4.9, Section V, Part A, Appendix No. 01 to Law No. 97/2015/QH13 on Charges and Fees, which has a number of articles amended and supplemented by Law No. 09/2017/QH14, Law No. 23/2018/QH14, Law No. 72/2020/QH14, Law No. 16/2023/QH15, Law No. 20/2023/QH15, Law No. 24/2023/QH15, Law No. 33/2024/QH15, Law No. 35/2024/QH15, Law No. 47/2024/QH15, Law No. 60/2024/QH15, Law No. Law No. 74/2025/QH15, Law No. 89/2025/QH15, Law No. 94/2025/QH15, Law No. 95/2025/QH15, Law No. 116/2025/QH15 and Law No. 118/2025/QH15, as follows:

2. To amend and supplement a number of articles of Land Law No. 31/2024/QH15, which has a number of articles amended and supplemented by Law No. 43/2024/QH15, Law No. 47/2024/QH15, Law No. 58/2024/QH15, Law No. 71/2025/QH15, Law No. 84/2025/QH15, Law No. 93/2025/QH15, Law No. 95/2025/QH15 and Law No. 116/2025/QH15, as follows:

a/ To amend and supplement Point e, Clause 1, Article 34 as follows:

“e/ To sublease land use rights in the form of annual land rental payment in respect of land for which infrastructure construction has been completed, in case investment in construction and commercial operation of infrastructure is permitted for land in industrial parks, cottage industry zones, hi-tech parks and airports; the sub-lessee of land use rights shall use the land for proper purposes and fulfil financial obligations in accordance with law.”;

b/ To amend and supplement Point dd, Clause 1, Article 157 as follows:

“dd/ To use land for the construction of airport works and air navigation facilities; land for parking areas and maintenance workshops serving mass transit activities; land for construction of above-ground works serving the operation and exploitation of underground works;”;

c/ To add Point c to Clause 1, Article 201 as follows:

“c/ Enterprises and investors permitted by the Minister of National Defence or the Minister of Public Security to use land for national defence and security purposes for investment in the construction, upgrading, expansion, maintenance and operation of airport works on such land for dual-use purposes.”;

d/ To amend and supplement Point h, Clause 3, Article 201 as follows:

“h/ The subjects specified in Point b, Clause 1 of this Article may lease, mortgage or contribute capital using assets attached to land in accordance with the plan approved by the Minister of National Defence or the Minister of Public Security; in case of purchase and sale of assets attached to land, or handling of mortgaged assets or assets contributed as capital, such transactions may only be conducted internally among the subjects specified in Points a and b, Clause 1 of this Article under the plan approved by the Minister of National Defence or the Minister of Public Security;”;

dd/ To amend and supplement Article 208 as follows:

“Article 208. Land used for airports

1. Land used for airports includes:

a/ Land for building headquarters of state agencies and units of the people’s armed forces at airports; land for building airports, and other auxiliary works and areas owned by the State;

b/ Land for building air navigation facilities;

c/ Land for building works other than those specified in Points a and b of this Clause, which belong to airport works.

2. The management and use of airport land must conform to the detailed master plans of airports approved by competent agencies.

3. Provincial-level People’s Committees shall allocate land and lease land in accordance with the following provisions:

a/ To allocate land without collection of land use levy, with regard to the land specified in Point a, Clause 1 of this Article;

b/ To lease land with annual land rental payment to air navigation enterprises, with regard to the land specified in Point b, Clause 1 of this Article;

c/ To lease land with annual land rental payment to airport investors and airport enterprises, with regard to the remaining land areas of airports.

4. Airport investors and airport enterprises may sublease land with annual land rental payment, ensuring adherence to the principles of openness, transparency and fairness, and compliance with the Government’s regulations.

5. In case civil airports are built under public-private partnership investment projects involving land use, the provisions of Article 207 of this Law shall apply.

6. The Government shall detail this Article.”;

e/ To amend and supplement Clause 9, Article 260 as follows:

“9. In case land for civil airports has been allocated or leased by the State prior to July 1, 2026, such land shall continue to be managed and used until the expiry of the land allocation or land lease period in accordance with Land Law No. 45/2013/QH13 and Land Law No. 31/2024/QH15. In case the State adopts a policy on investment in upgrading or expansion that results in changes to the master plan on construction of civil airports or changes in the entities managing/using airports, the management and use of land must comply with the provisions of this Law. In case airport authorities have leased land prior to August 1, 2024, the concluded contracts shall continue to be performed; upon expiry of the land lease period, if the State has no demand for land recovery, the State shall consider extending the land lease period for the owners of the works in accordance with this Law.”.

Article 105. Application of the Law on Civil Aviation of Vietnam to low-altitude air transport and to aircraft and aircraft operations of the armed forces and other state agencies for official-duty purposes

Based on the requirements of the country’s socio-economic development, the Government shall provide the application of this Law to low-altitude air transport; and provide the application of all or certain articles, clauses or points of this Law to aircraft and aircraft operations of the armed forces and other state agencies serving official-duty purposes.

Article 106. Effect

1. This Law takes effect on July 1, 2026.

2. Law No. 66/2006/QH11on Civil Aviation of Vietnam, which has a number of articles amended and supplemented by Law No. 45/2013/QH13, Law No. 61/2014/QH13, Law No. 16/2023/QH15, Law No. 18/2023/QH15, Law No. 49/2024/QH15 and Law No. 81/2025/QH15, ceases to be effective from the effective date of this Law, except the provisions in Article 107 of this Law.

3. The Government shall detail Articles 8, 9, 11, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 57, 61, 63, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101 and 103; and Clause 8, Article 64.

4. The Supreme People’s Court shall guide the People’s Courts at all levels in the implementation of Clauses 2 and 3, Article 21 of this Law.

Article 107. Transitional provisions

1. Civil airport works that have been permitted by competent authorities for investment and construction on land for national defence, security and public property purposes prior to the effective date of this Law must comply with Point a, Clause 3, Article 30 of this Law.

2. Enterprises owning airport works prior to the effective date of this Law may invest in the upgrading, renovation and expansion of existing works in accordance with master plans for management and operation until the expiry of the land lease period.

3. The overall master plan for development of the system of airports and aerodromes nationwide and master plans of airports and aerodromes approved by competent authorities prior to the effective date of this Law shall continue to be implemented until they are adjusted or replaced by competent authorities.

4. Airport/aerodrome operator certificates, airport//aerodrome business licences, air transport business licences and general aviation business licences issued by competent authorities prior to the effective date of this Law remain valid until they are revoked, cancelled or replaced.

This Law was passed on December 10, 2025, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 10^th session.

Chairman of the National Assembly
TRAN THANH MAN