TRANSPORT LOGISTICS 2014 EN – MP Law Firm

Circular No: 81/2014/TT-BGTVT of December 30, 2014, on air transport and general aviation

mplawadmin — Tue, 30 Dec 2014 16:27:55 +0000

MINISTRY OF TRANSPORT ——-	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ———-
No: 81/2014/TT-BGTVT	Hanoi, December 30, 2014

CIRCULAR

ON AIR TRANSPORT AND GENERAL AVIATION

Pursuant to the 2006 Law on Civil aviation.
Pursuant to the Government’s Decree No.30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation;
Pursuant to the Government’s Decree No.110/2011/ND-CP dated December 05, 2011 on management of lease and purchase of aircraft, aircraft engines and component, aircraft maintenance and repair services;
Pursuant to the Government’s Decree No.107/2012/ND-CP dated December 20, 2012 defining functions, rights, responsibilities, the power and organizational structure of the Ministry of Transport;
Upon request of the Director of the Department of Transport and Director of the Civil Aviation Authority of Vietnam;
The Minister of Transport hereby issues this Circular on air transport and general aviation.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of governing
This Circular stipulates:

Procedures and requirements for:
a) Approval for lease of aircraft between Vietnamese and foreign entities;
b) Registration of Air Transport Regulation by Vietnam’s airlines;
c) Issue and reissue of certificates and licenses related to representative agencies’ operation and sale of tickets by foreign airlines in Vietnam;
d) Issue of the certificate of registration for house airway bills;
dd) Grant of the freedoms of the air;
e) Approval for cooperation agreements directly related to the freedoms of the air
Airlines’ basic obligations to passengers whose booked tickets and their seat was already verified in case the flight is discontinued, delayed, cancelled or departed ahead of schedule or to passengers refused to be onboard.
Examination and inspection of airlines’ operations such as fulfillment of requirements for grant of air transport licenses and general aviation business license and obligations to passengers, passengers’ package and goods, activities of involved organizations.

Article 2. Subjects of application
This Circular applies to Vietnamese and foreign entities engaging in aircraft leasing, air transport and general aviation in Vietnam.
Chapter II
OPERATION FLIGHT PLANS AND AIRCRAFT LEASE
Article 3. Operational flight plans

Vietnam airlines shall prepare its annual, medium-term (05 years) and long-term (at least 10 years) operational flight plans to carry out air transport and general aviation activities in Vietnam.
An operational flight plan of an airline providing air transport services shall indicate:
a) Forecast about the domestic and international air transport markets and expected flight routes;
b) Forecast about flight route networks; expected quantity of passengers and goods; load factor; airline’s market shares on domestic and international markets and on each flight route.
c) Expected quantity of aircraft used on the whole networks and on each flight route;
d) Resources (finance and human resources) for aircraft operation and maintenance.
An operational flight plan of an airline providing general aviation services for commercial purpose shall indicate:
a) Forecast about the markets demand;
b) Forecast about flight route networks, general aviation area and number of hours of operations
c) Expected quantity of aircraft on the whole networks and on each flight route and general aviation areas;
d) Resources (finance and human resources) for operation and maintenance.
The airlines shall submit reports to the Civil Aviation Authority of Vietnam for examination and inspection of implementation of the operational flight plans by deadline bellow:
a) For annual operational flight plans: before November 01 of the year proceeding the planned year;
b) For mid-term and long-term operational flight plans: the report on the initial mid-term and long-term plan shall be submitted within 90 days from the effective date of this Circular; the following report shall be submitted 60 days prior to the expected date of starting the plan.
In case of any modification and supplementation to the operational flight plan specified in clause 2 and clause 3 of this Article, the airline shall notify the Civil Aviation Authority of Vietnam within 30 days from the date of modification and supplementation.

Article 4.Procedure for approving for lease of aircraft between Vietnamese entities and foreign entities

Every applicant for approval for aircraft lease shall submit an application to the Civil Aviation Authority of Vietnam directly or by post or via other appropriate means, and shall be responsible for the reliability of the application. Documents required in an application:
a) An application form made by using Annex I attached hereto;
b) A presentation and/or report on leasing types; contractual parties’ legal status; duration of lease; quantity, type and age of the leased aircraft; aircraft nationality; certificates related to the leased aircraft; agreement on purchase of liability insurance for passengers, luggage, cargo and the third party; organizations in charge of operation and maintenance of the leased aircraft under the aircraft operator’s certificate.
c) A copy of the leasing agreement;
d) Copies of documents certifying the legal status and operating activities of the lessee or lessor, aircraft operator and maintenance worker;
dd) Copies of aircraft’s deliverables;
e) Copies of documents certifying the lessor’s ownership or use right to the aircraft. in case of leasing of the aircraft with or without its flight crew; the certificate of aircraft operator, maintenance workers and insurance are required;
g) A description of aircraft brand and image attached outside the leased aircraft
In case the applicant is a Vietnamese enterprise whose 30% of its charter capital is held by the State, in addition to documents specified in clause 1 of this Article, the applicant shall submit following documents:
a) Reports and/or presentations on the procedures for section of aircraft, competitive offering and assessment of aircraft lease proposals;
b) A decision on approval for aircraft lease agreement signed with foreign partners issued by the Board of Directors (Board of Members) or Director General and/or Directors if there is no Board of Directors (Board of Members).
Within 05 working days from the date of receipt of a complete application, the Civil Aviation Authority of Vietnam shall examine and verify such application and inform the applicant of whether or not approve the aircraft lease in writing. In case of rejection, the Civil Aviation Authority of Vietnam shall specify reason for rejection in writing.

Every applicant shall pay fees and charges as prescribed by laws.

Article 5.Requirements for aircraft lease

Every aircraft lessee shall operate, control and take responsibilities for exercising granted freedoms of the air.
Every aircraft lessee shall not let anyone benefit from the granted freedoms of the air, either directly or indirectly, beyond the agreed lease and other direct costs.
Every lessor shall carry the burden of accountability for aircraft lease.
Prior to operation, relevant entities shall inform and submit documents related to temporary import of aircraft for re-export ( if it is lessee) and temporary export of aircraft for re-import ( if it is lessor) issued by the customs authority to the Civil Aviation Authority of Vietnam.
In case an aircraft is leased for not exceeding 07 consecutive days as prescribed in the Law on Vietnam Civil Aviation, the applicant shall submit a written notification which declares that the lessor possesses the appropriate aircraft operator’s certificate to the Civil Aviation Authority of Vietnam.
The lessor shall inform the Civil Aviation Authority of Vietnam of violations against of aircraft lease agreement; early termination of the agreement or extension of the agreement, actual time of temporary export of the leased aircraft and/or actual time of temporary import of the leased aircraft for inspection and supervision.

Chapter III
AIR TRANSPORT REGULATION
Article 6. Introduction of air transport regulation

Every airline shall prepare, register and release its air transport regulation in accordance with regulations of laws.
An air transport regulation shall specify the rights and obligations of carrier, rights and obligations of passengers, tickets, carriage freight and applicable terms and conditions; reservation; flight schedule; rights and obligations of the carriers in case of interruption, delay, early departure, cancellation of a flight, refusal or restrictions; refund; civil liability to passengers’ damage and transport of special passengers.

Article 7. Procedure for registering air transport regulation

Every airline registering the air transport regulation shall submit an application to the Civil Aviation Authority of Vietnam directly or by post or via other appropriate means, and shall be responsible for the reliability of the application. Documents required in an application:
a) An application form made by using Annex II attached hereto;
d) A copy of the air transport regulation.
Within 05 working days from the date of receipt of a complete application, the Civil Aviation Authority of Vietnam shall examine and verify such application and inform the applicant of whether or not approve the air transport regulation in writing. In case of rejection, the Civil Aviation Authority of Vietnam shall specify reason for rejection in writing.

If an application is incomplete, the Civil Aviation Authority of Vietnam shall request the applicant to complete his/her application in writing within 02 working days from the date of receipt, and the deadline for processing the application shall be calculated from the date of receipt of the complete application.
Article 8. Airlines’ basic obligations to passengers who booked tickets and their seat was already confirmed in case the flight is discontinued, delayed, cancelled or early departed or to passengers refused to be onboard

A delayed flight is a flight which departs 15 minutes behind the schedule which was updated till 15 o’clock of the date preceding that of the departure.
The airline shall be released from the following obligations in case a flight is delayed:
a) Fully update and provide information for passengers via appropriate means of communication; cater and accommodate under the regulations on service quality issued by the Ministry of Transport;
b) Flexibly change the itinerary or flight for passengers on the delayed flight. The airline shall arrange another itinerary for passenger on the flight is the delay lasts 02 hours or more, within the scope of service, and shall release passengers from restrictions on changes in itinerary and flight and other arising surcharges (if any);
c) Compensate for passengers who seat has been confirmed in case of delay under the Minister of Transport’s regulations;
d) Refund ticket fares to passengers in case the flight is delayed for 05 hours or more. Refund part or whole of the ticket fares at the airport or at designated representative office, branch or agency, upon request of the passengers. Refund shall be made as follows:

(i) Restrictions on refund and refund charges (if any) shall be exempted;
(ii) Completely-unused tickets shall be completely refunded. The fare is inclusive of freight, taxes and fees prescribed by the State, security screening service charges, customer service charges at airport and other incurring surcharges according to legal invoices presented by the passenger.
(iii) Partially-unused tickets shall be refunded in the proportion to the unused portion.

Cancelled flight is cancellation of a flight which is publicly scheduled on the carrier’s computer reservations system 24 hours prior to the expected time of departure.
In case a flight is called off, the airline shall:
a) Notify passengers of reasons for cancellation;
b) Fulfill obligations prescribed in clause 2 of this Article;
c) Fulfill obligations replacing those prescribed in point b of this clause as agreed by the passengers;
d) Be released from obligations specified in point a, b and c of this clause if a passenger is refused to be onboard under Article 146 of the Law on Vietnam Civil Aviation.
An early departure flight is a flight which actually departs ahead of schedule which is updated at 15 o’clock of the date preceding that of departure.
In case a flight departs ahead of schedule, the airline shall:
a) Notify passengers of reasons for early departure;
b) Fulfill obligations to passengers whose seat is confirmed but fail to take the flight as prescribed in clause 2 of this Article.

Article 9. Transport of special passengers

Special passengers are:
a) The disabled;
b) The elderly;
c) Pregnant women;
d) Children.
The airlines shall serve special passengers as to common passenger and shall allocate assistance staff for caring; implement support services during transport of special passengers.
Freights and fees for transport of tool aids serving passengers shall be exempted.
The airline shall specify type of support services compulsorily provided for each type of special passengers and deadline for registration support services in the air transport regulation which is put up at ticket booking agencies.

Chapter IV
REPRESENTATIVE OFFICES AND BOOKING AGENCIES OF FOREIGN AIRLINES
Article 10. Procedures for issue and reissue of licenses to establish representative offices and ticket booking agencies in Vietnam

Every foreign airline wishing to obtain the license to establish a representative office or booking agency shall submit an application to the Civil Aviation Authority of Vietnam directly or by post or via other appropriate means, and shall be responsible for the reliability of the application. Documents required in an application:
a) An application form made by using Annex III attached hereto;
b) Copies of the establishment license or business registration certificate or the equivalent (in Vietnamese or English);
c) A copy of the airline operation regulation (made in Vietnamese or English);
d) Copies of documents certifying the right of enjoyment of the headquarters in Vietnam where the representative office and/or booking agency is located;
dd) A certified true copy of the decision on appointment of the head of the representative office and/or booking agency (made in Vietnamese or English)
Within 05 working days from the date of receipt of the complete application, the Civil Aviation Authority of Vietnam shall examine, verify the application and grant the license. In case of rejection, the Civil Aviation Authority of Vietnam shall specify reason for rejection in writing.

The license to establish a representative office and booking agency comes into effect from the signing date and shall be revoked in case of violations against provisions in clause 5 Article 123 of the Law on Vietnam Civil Aviation or upon request of the airline.
In case of any change in the license to establish a representative office or booking agency, the foreign airline shall submit an application for re-issue of the license to establish a representative office or booking agency to the Civil Aviation Authority of Vietnam directly or by post or via other appropriate means, and shall be responsible for the reliability of the application.
a) Documents required in an application: An application form made by using the Annex IV attached hereto and documents related to modification made in Vietnamese or English.
b) Within 03 working days from the date of receipt of the complete application, the Civil Aviation Authority of Vietnam shall examine, verify the application and grant the license.

Every applicant shall pay fee and charges for issue and re-issue of the license to establish the representative office and booking agency under regulations of laws.
Applicants applying for re-issue of the license which is torn, lost, destroyed or damaged shall follow the procedure prescribed in this Article.

Article 11. Procedures for issue and re-issue of certificates of registration for Vietnamese judicial entities to be foreign airlines’ representatives

Every Vietnamese enterprise wishing to be foreign airline’s representative shall submit an application to the Civil Aviation Authority of Vietnam directly or by post or via other appropriate means, and shall be responsible for the reliability of the application. Documents required in an application:
a) An application form made by using Annex V attached hereto;
b) A certified true copy of the business registration certificate or establishment license or the equivalent;
c) A copy of the power of attorney between the foreign airline and the delegated enterprise.
Within 05 working days from the date of receipt of the complete application, the Civil Aviation Authority of Vietnam shall examine, verify the application and grant the certificate. In case of rejection, the Civil Aviation Authority of Vietnam shall specify reasons for rejection in writing.

Every applicant shall pay fees for issue of the certificate of registration under regulations of laws.
The certificate of registration for Vietnamese judicial entity to be foreign airline’s representative comes into effect from the signing date and will be revoked if:
a) It is requested by the delegated enterprise and the request for revocation is approved by the Civil Aviation Authority of Vietnam;
b) The power of attorney between the foreign airline and the delegated enterprise expires.
c) The delegated enterprise ceases its operation for 06 consecutive months without any notification to the issuer of the certificate.
Applicants applying for re-issue of the certificate which is torn, lost, destroyed or damaged shall follow the procedure prescribed in this Article.

Article 12.Report on operation of representative offices, ticket booking agencies and foreign airlines’ Vietnamese representatives in Vietnam

Representative offices, ticket booking agencies and foreign airlines’ Vietnamese representatives in Vietnam shall notify their operation according to the Annex VI attached hereto.
Within 45 days from the date of issue of the license and/or registration certificate, the representative office, ticket booking agency and foreign airlines’ Vietnamese representative in Vietnam shall come into operation at the registered headquarters and shall publish a news item on a newspaper which is eligible to be released in Vietnam in 03 consecutive issues. The news item shall specify:
a) The name and headquarters of the representative office, ticket booking agency and Vietnamese entity’s business office;
b) The name and address of the foreign airline’s headquarters;
c) The heads of the representative office, ticket booking office and legal representative of the foreign airline’s Vietnamese representative;
d) The list of foreign staff (enclosed with their full name, nationality, passport number and work permit (if any) ;
dd) The license and/or registration certificate number, date of issue and expiration date;
e) Operating activities of the representative office, ticket booking office and foreign airline’s Vietnamese representative.
The representative office, ticket booking office and foreign airline’s Vietnamese representative shall submit their annual business operation report made by using the form in the Annex VII attached hereto to the Civil Aviation Authority of Vietnam before January 31 of the succeeding year.
The representative office, ticket booking office and foreign airline’ Vietnamese representative shall submit occasional reports upon request of the Civil Aviation Authority of Vietnam or in the following circumstances:
a) Change in foreign personnel: the report shall be submitted within 10 days from the date of change; or
b) Changes in the power of attorney to the representative: the report shall be submitted within 10 days from the date of change;

Article 13. Cease of operation of representative offices, ticket booking offices and foreign airlines’ Vietnamese representatives

The representative office, ticket booking office and foreign airlines’ Vietnamese representative will have their operation ceased if:
a) It is requested by the foreign airline;
b) The foreign airline ceases its operation under the law of the country where it is located or registered;
c) The license to establish the representative office, ticket booking agency and/or representative registration certificate is revoked as stipulated in clause 5 Article 123 of the Law on Vietnam Civil Aviation;
d) The authorization agreement expires.
Within 30 days prior to the expected date of termination, the representative office, ticket booking agency and Vietnamese representative shall send a notification of cease of operation made by using the form in Annex VIII attached hereto the Civil Aviation Authority of Vietnam, debtors, workers and other relevant entities. The notification shall specify the expected date of termination and shall be publicly put up the representative office, ticket booking agency and Vietnamese representatives and shall be published on a newspaper eligible to be released in Vietnam for 03 consecutive issues.
The foreign airline, its representative office, ticket booking office and foreign airline’s Vietnamese representative shall fulfill financial obligations and other obligations to relevant entities under regulations of laws.

Chapter V
ISSUE OF HOUSE AIRWAY BILLS
Article 14. Procedure for registration for house airway bills

Every Vietnam enterprise wishing to have the house airway bill shall submit an application to the Civil Aviation Authority of Vietnam directly or by post or via other appropriate means, and shall be responsible for the reliability of the application. Documents required in an application:
a) An application form made by using Annex IX attached hereto;
b) A certified true copy of the business registration certificate; and
c) A copy of the house airway bill from the freight forwarder.
Every Vietnam enterprise wishing to have a house airway bill issued by a foreign freight forwarder shall submit an application to the Civil Aviation Authority of Vietnam directly or by post or via other appropriate means, and shall be responsible for the reliability of the application. Documents required in an application:
a) An application form made by using Annex X attached hereto;
b) Documents specified in point b and point c clause 1 of this Article;
c) A copy of the contract designating the issuer of house airway bills;
d) A copy of the house airway bill issued by the foreign freight forwarder; and
dd) A copy of the foreign freight forwarder’s business registration certificate or the equivalent.
Within 05 working days from the date of receipt of the complete application, the Civil Aviation Authority of Vietnam shall examine, verify the application and grant the house airway bill registration certificate. In case of rejection, Civil Aviation Authority of Vietnam shall specify reasons for rejection in writing.

Every applicant shall pay fees for issue of the certificate of registration for house airway bills under regulations of laws.
The certificate of registration for a house airway bill issued by the Civil Aviation Authority of Vietnam shall come into effect from the signing date and will be revoked if:
a) It is requested by the enterprise and the request for revocation is approved by the Civil Aviation Authority of Vietnam; or
b) The enterprise ceases its operation for 06 consecutive months without any notification to the issuer of the certificate.

Article 15. Requirements for provision of air shipping services

Air shipping service is an air transport activity carried out by an airline as stipulated in the Law on Vietnam Civil Aviation.
Air shipping service providers may carry out the cargo delivery procedure at airports after obtaining the certificate of registration for house airway bill.

Chapter VI
FREEDOMS OF THE AIR
Article 16. Procedure for granting freedoms of the air;

Every airline wishing to be grant the freedoms of the air shall submit an application to the Civil Aviation Authority of Vietnam directly or by post or via other appropriate means, and shall be responsible for the reliability of the application. Documents required in an application:
a) An application form made by using Annex XI attached hereto;
b) A copy of the aircraft’s operator certificate;
c) Reports on expected flight plan and flight routes; and
d) Copies of documents certifying the airline’s judicial status and its charter.
A foreign airline wishing to be granted the freedoms of the air shall, in addition to documents specified in clause 1 of this Article, submit the following documents: A document or written confirmation conferring the freedoms of the airs to the foreign airline by its nation under the International Agreement to which the Socialist Republic of Vietnam is a signatory.
Within 10 working days from the date of receipt of the complete application, the Civil Aviation Authority of Vietnam shall examine, verify the application and grant the freedoms of the air. In case of rejection, the Civil Aviation Authority of Vietnam shall specify reasons for rejection in writing.

Market demand:
a) The freedoms of the air on a new flight route which has yet to be used by any airline shall be granted upon request of the airline wishing to use that flight route;
b) The freedoms of the air on an operating flight route shall be granted upon the operation of this flight route at the time of application.
Airlines’ capacity:
a) Financial ability, flight crews and human resources;
b) The feasibility of the operational flight plan at the time of application.
Balance between the fight network and economic development:
a) The capacity of facilities of airports;
b) Flight route sustainable development;
c) The balance of air transport between different regions with the consideration of socio-economic development in disadvantaged areas, remote and isolated areas, the actual operation of airports and essential flight routes;
d) Allocation of reasonable load factor to Vietnam’s airlines on flight route networks.

Article 18. Approval for cooperation agreements related to freedoms of the air

The agreements related to the freedoms of the air include:
a) Codeshare agreements; and
b) Other types of contracts which aim to operate and exercise the freedoms of the air.
A codeshare agreement is an aviation business arrangement in which an airline may use another airline’s flight in Vietnam under its flight number
Requirements for a codeshare agreement:
a) There shall be a clause which stipulates that the codeshare agreement will come into effect only after it is approved by the Civil Aviation Authority of Vietnam
b) Parties to the agreement have the freedoms on the respective flight routes. The agreement shall be approved on the basis of mutual interests of Vietnam and Vietnam’s airlines.
c) Foreign airlines under a codeshare agreement flying from and to Vietnam shall submit the timetable to the Civil Aviation Authority of Vietnam for review and approval in accordance with relevant international agreements.

Article 19. Approval for cooperation agreement related to freedoms of the air

Every airline wishing to have their cooperation agreement related to the freedoms of the air approved shall submit an application to the Civil Aviation Authority of Vietnam directly or by post or via other appropriate means, and shall be responsible for the reliability of the application. Documents required in an application:
a) An application form made by using Annex XII attached hereto;
b) A copy of the cooperation agreement related to the freedoms of the airs
Within 07 working days from the date of receipt of a complete application, the Civil Aviation Authority of Vietnam shall review, verify and assess the application and consider approving the cooperation agreement. In case of rejection, the Civil Aviation Authority of Vietnam shall specify reason for rejection in writing.

Airlines shall only carry out their transport services within the scope of the granted freedoms of the air.
No airline is allowed to transfer their freedoms of the air or take any prohibited action to restrain the competitiveness or do unfair competitiveness.

Chapter VII
IMPLEMENTATION
Article 21. Responsibilities of the Civil Aviation Authority of Vietnam

Examine and carry out the procedure for recognition of documents on aircraft operations and maintenance under regulations of laws.
Periodically publish essential flight routes published by the Government to/from/over disadvantaged areas which are classified by per capita income, traffic inconvenience and impact of flight route on remote and isolated areas, and national security and defense.
Assign Vietnam’s airlines to operate essential flight routes at the proper frequency under regulations of laws.
Cary out inspection and supervision of:
a) The eligibility to be granted the air transport license and general aviation license and introduction of the relevant manual;
b) Fulfillment of obligations by Vietnamese and foreign entities and requirements after issue, modification and supplementation of documents prescribed herein;
c) compilation, introduction and implementation of regulations and procedures for servicing passengers under regulations of laws on the quality of air transported related service to ensure the effectiveness and coordination.
Introduce airline supervision and inspection guideline which specifies:
a) The purpose and objectives of inspection and supervision;
b) The principles, contents, procedures and methods (including communication and reporting regime) of inspection and supervision
Notify cease of operation of the representative office, ticket booking office and foreign airlines’ Vietnamese representative to the People’s Committee of the province, tax authority, police authority of the province where representative office, ticket booking offices and/or Vietnamese representative’s office is located.
Submit the certificate of registration for house airway bill issued by the freight forwarder to the Department of Planning and Investment of the province where the airline is headquartered, airport authorities and Airports Corporation of Vietnam.
Destroy, revoke and suspend licenses, certificates, approval and powers of attorney in the following cases:
a) The entity granted the license, certificate, approval or power of attorney violates provisions hereof or Vietnam’s laws or international agreements to which the Socialist Republic of Vietnam is a signatory;
b) The entity granted the license, certificate, approval or power of attorney no longer satisfies requirements for such license, certificate, approval or power of attorney;
c) Contractual parties terminate the contract and/or agreement;
d) The entity granted the license, certificate, approval or power of attorney falsified applications and reports.
dd) Respective documents prescribed herein expire.
Aggregate and submit reports on issues arising in connection with implementation of this Circular to the Ministry of Transport.

Article 22. Responsibilities of airport authorities

Examine and inspect fulfillment of obligations by Vietnamese and foreign entities and compliance with requirements for operations in airports as stipulated herein.
Aggregate and submit reports on issues arising in connection with implementation of this Circular to the Civil Aviation Authority of Vietnam.

Article 23. Responsibilities of relevant entities
Vietnamese and foreign entities engaging in air transport shall undergo the supervision of the Civil Aviation Authority of Vietnam and airport authorities under Vietnam’s laws and provisions herein.
Article 24. Effect and implementation

This Circular enters into force March 01, 2015.
Circular No.26/2009/TT-BGTVT dated October 28, 2009 by the Minister of Transport on air transport and general aviation, and Circular No.16/2011/TT-BGTVT dated March 31, 2011 by the Minister of Transport on amendment and supplement to a number of Article of the Circular No.26/2009/TT-BGTVT dated October 28, 2009 on air transport and general aviation shall be abrogated.
The Chief of Ministerial Office, Ministerial Chief Inspector, Directors of the Civil Aviation Authority of Vietnam, Heads of organizations and relevant entities shall be responsible for implementing this Circular./.

MINISTER
Dinh La Thang

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Oder No. 19/2014/L-CTN on the promulgation of law of December 4, 2014, on the promulgation of law

mplawadmin — Thu, 04 Dec 2014 16:15:24 +0000

THE PRESIDENT ——-	THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————-
No. 19/2014/L-CTN	Hanoi, December 4, 2014

ORDER

ON THE PROMULGATION OF LAW

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;
Pursuant to Article 91 of the Law on Organization of the National Assembly;
Pursuant to Article 57 of the Law on Promulgation of Legal Documents,
PROMULGATES:
The Law Amending and Supplementing a Number of Articles of the Vietnam Civil Aviation Law
which was passed on November 21, 2014, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.

PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Truong Tan Sang

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Law No. 61/2014/QH13 of November 21, 2014, amending and supplementing a number of articles of the vietnam civil aviation law

mplawadmin — Fri, 21 Nov 2014 16:27:02 +0000

THE NATIONAL ASSEMBLY ——-	THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————-
No. 61/2014/QH13	Hanoi, November 21, 2014

LAW

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE VIETNAM CIVIL AVIATION LAW

Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Vietnam Civil Aviation Law No. 66/2006/QH11.
Article 1.
To amend and supplement a number of articles of the Vietnam Civil Aviation Law:

To amend and supplement Clause 5 of, and add Clause 6 to, Article 6 as follows:

“5. The State shall protect lawful rights and interests of Vietnamese organizations and individuals, overseas Vietnamese and foreign organizations and individuals involved in civil aviation activities.

The State shall adopt policies to ensure favorable conditions for people with disabilities, elderly people, children and pregnant women to use air caưiage services.”
To amend and supplement Article 8 as follows:

“Article 8. Contents of state management of civil aviation

Promulgating, and organizing the implementation of, legal documents, econo-technical norms, standards, technical regulations, rules and processes related to civil aviation.
Formulating, and directing the implementation of, strategies, master plans, plans and policies on development of the civil aviation sector in accordance with law.
Managing civil flight activities in the Vietnamese territory and in the flight information regions managed by Vietnam; managing the building of service facilities, technical systems, air navigation facilities and equipment.
Planning and managing the building and operation of airports and airfields; managing the use of land in airports and airfields.
Managing air carriage activities; inspecting and supervising operations of air carriage enterprises and air service providers.
Registering aircraft and rights to aircraft.
Managing the designing, manufacture, operation, repair, maintenance, import and export of aircraft, aircraft engines, aircraft propellers, aircraft equipment and other facilities, equipment and supplies for civil aviation activities.
Granting and recognizing certificates, licenses and other papers and documents related to civil aviation activities.
Managing the assurance of security and safety for civil aviation activities; organizing and ensuring security and safety for special flights and special-purpose flights.
Managing aircraft search and rescue activities and investigations into aircraft incidents and accidents.
Conducting international cooperation on civil aviation.
Managing the training and development of human resources for the civil aviation sector, giving health checks to aviation employees.
Managing scientific and technological activities in the civil aviation sector; conducting environmental protection, natural disaster prevention and response to climate change in civil aviation activities.
Managing prices, charges and fees in civil aviation activities.
Examining, inspecting and settling complaints and denunciations, and handling violations in civil aviation activities.”
To add Clause 2a following Clause 2 of Article 9 as follows:

“2a. The body performing the specialized state management of civil aviation under the Ministry of Transport is the Aviation Authority.
The Aviation Authority has the following tasks and powers:
a/ To issue instructions and clearances; to take emergency measures, including stopping flights and operation of aviation vehicles, equipment and employees, to ensure aviation security and safety and maintain synchronous operation of the air carriage chain;
b/ To supervise the operation and maintenance of aircraft and aviation infrastructure, and ensure air navigation activities, air carriage operation, provision of aviation services and non-aviation services; to grant, approve or recognize licenses, certificates, ratings, and specialized civil aviation operation documents;
c/ To organize, operate and direct systems for aviation security and safety surveillance and management, aviation search and rescue and airport emergencies; to organize and direct the handling, investigation into and verification of circumstances threatening aviation safety and security, aviation incidents and accidents, and the performance of special flights;
d/ To appoint supervisors in charge of assurance of aviation safety and security and quality of aviation services up to standards set by the Minister of Transport;
dd/ To summarize, analyze and assess reports on aircraft incidents and accidents; to inspect and supervise the remediation of aircraft incidents and accidents and take measures to prevent aircraft incidents and accidents; to investigate aircraft incidents and accidents;
e/ To issue or recognize for application specialized civil aviation processes and standards;
g/ To announce and distribute in the country and abroad information and notices related to civil aviation activities;
h/ To conduct specialized civil aviation inspection.
The Government shall detail this Clause.”

To amend and supplement Clauses 1 and 2, Article 10 as follows:

“1. The body performing the specialized state management of civil aviation shall conduct specialized civil aviation inspection and has the following tasks and powers:
a/ To inspect the observance of the civil aviation law; treaties to which the Socialist Republic of Vietnam is a contracting party; and civil aviation operation rules, standards, technical regulations, regulations and processes;
b/ To stop operation of organizations, individuals and vehicles that violate aviation safety and security regulations or fail to satisfy technical standards and conditions on aviation safety and security;
c/ To sanction administrative violations in civil aviation in accordance with the law on handling of administrative violations;
d/ To temporarily seize aircraft;
dd/ To coordinate with inspectorates of ministries, ministerial-level agencies, government- attached agencies and concerned local agencies in detecting, stopping and handling violations of the civil aviation law;
e/ To recommend measures to handle and remedy violations in civil aviation activities.
g/ To perform other tasks and exercise other powers as prescribed by law.

The body performing the specialized state management of civil aviation shall organize aviation inspection to perform the inspection function specified in Clause 1 of this Article.”
To amend and supplement Article 11 as follows:

“Article 11. Charges, fees and prices for specialized aviation services

Specialized aviation services include:

a/ Aviation services, which are directly related to aircraft operation, air carriage operation and flight activities;
b/ Non-aviation services, which are provided at airports and airfields or onboard aircraft other than aviation services.

Specialized aviation charges and fees include:

a/ Charge for flight through the airspace of Vietnam, charge for the transfer of operation rights and other charges prescribed by the law on charges and fees;
b/ Fees for the grant of certificates and licenses related to civil aviation activities.

Aviation service prices include:

a/ Price of the takeoff and landing service; price of the administration service for arrival and departure flights; price of the air navigation assurance supporting service; price of passenger services; price of aviation security assurance, and price of the administration service for flights through flight information regions managed by Vietnam;
b/ Prices of other aviation services.

Non-aviation service prices include:

a/ Price for ground lease and prices of essential services at airports and airfields;
b/ Prices of other non-aviation services at airports and airfields.

The Ministry of Finance shall prescribe rates of charges and fees specified in Clause 2 of this Article at the request of the Ministry of Transport.
The Ministry of Transport shall prescribe service prices specified at Point a, Clause 3 of this Article according to the pricing method prescribed by the Ministry of Finance.
Enterprises may decide on service prices prescribed at Point b, Clause 3 and Point a, Clause 4 of this Article within the price frames prescribed by the Ministry of Transport and declare them to the Ministry of Transport.
Enterprises may decide on service prices specified at Point b, Clause 4 of this Article and display them under regulations.”
To amend and supplement Clause 4, Article 14 as follows:

“4. At the request of the aircraft registrant, aircraft owner, secured transaction taker, aircraft lessor or conditional seller.”

To amend and supplement Article 20 as follows:

“Article 20. Designing, manufacture, repair, maintenance and test of aircraft, aircraft engines, aircraft propellers and aircraft equipment

The designing, manufacture, repair, maintenance or test of aircraft, aircraft engines, aircraft propellers and aircraft equipment in Vietnam must comply with standards promulgated or recognized by competent state agencies.
Establishments engaged in designing, manufacturing, repairing, maintaining or testing aircraft, aircraft engines, aircraft propellers and aircraft equipment in Vietnam must possess licenses granted by the Ministry of Transport. Applicants for those licenses shall pay a fee.
Aircraft bearing Vietnamese nationality, aircraft engines, aircraft propellers and aircraft equipment bearing Vietnamese nationality shall be maintained only at maintenance establishments and under maintenance programs already approved by the Ministry of Transport.
When practically testing flight characteristics of aircraft, organizations and individuals that research and manufacture aircraft, aircraft engines, aircraft propellers and aircraft equipment shall report to and comply with regulations of the Ministry of National Defense.”
To amend and supplement Article 21 as follows:

“Article 21. Specific provisions on airworthiness standards

The Minister of Transport shall prescribe airworthiness standards and procedures for grant or recognition of airworthiness certificates and type certificates, criteria and procedures for licensing establishments to design, manufacture, repair, maintain or test aircraft, aircraft engines, aircraft propellers and aircraft equipment, except in the case specified in Clause 2 of this Article.
The Minister of National Defense shall prescribe airworthiness standards; criteria and procedures for licensing establishments to design, manufacture, repair, maintain or test unmanned aircraft and ultralight aerial vehicles, and their engines, propellers and equipment.

Unmanned aircraft is an aerial craft of which the flight can be controlled or maintained without direct control by an operator onboard.
Ultralight aerial vehicles include aerostats and aerial models of all kinds.
Aerostat means an aerial craft that gains its lift through the use of a buoyant gas in its gasbags. Aerostat includes powered airship and unpowered balloon.
Aerial models include gliders that simulate shapes and type models of airplanes, have engines and can be controlled by radio or programmed devices; and paragliders and kites, whether or not man-controlled, except traditional kites.”

To amend and supplement Article 27 as follows:

“Article 27. Specific provisions on aircraft operation

The Minister of Transport shall prescribe the operation of aircraft, conditions, procedures and order for the grant of aircraft operator certificates, permits for use of radio equipment installed on aircraft; and requirements on environmental protection for aircraft and aircraft engines, except those prescribed in Clause 2 of this Article.
The Minister of National Defense shall prescribe the operation of unmanned aircraft and ultralight aerial vehicles.”
To amend and supplement Clause 1, Article 28 as follows:

“1. Rights to aircraft include:
a/ Right to own aircraft;
b/ Right to possess aircraft through hire-purchase or lease for six months or more;
c/ Mortgage or pledge of aircraft;
d/ Other rights as provided by the civil law and treaties to which the Socialist Republic of Vietnam is a contracting party.”

To add the following Clause 6 to Article 49:

“6. The Ministry of National Defense shall decide to open or close special-use airfields after reaching agreement with the Ministry of Transport.
The Government shall prescribe conditions, order and procedures for opening and closing special-use airfields.”

To amend and supplement Clause 4, Article 50 as follows:

“4. Owners or organizations assigned to manage airports or airfields shall apply for airport or airfield registration certificates.
Applicants for airport or airfield registration certificates shall pay a fee.”

To amend and supplement Clause 2, Article 56 as follows:

“2. The Ministry of Transport shall assume the prime responsibility for, and coordinate with related agencies in, elaborating a national master plan on development of the airport and airfield system, except special-use airfields, and submitting it to the Prime Minister for approval.
The Minister of Transport shall approve detailed master plans on airports and airfields nationwide, except special-use airfields!”

To add Clause 3 to Article 58 as follows:

“3. The Ministry of Transport shall manage and supervise the construction, maintenance and repair of airports and airfields and maintenance of sufficient operation conditions for airports and airfields.
The Ministry of Construction shall, within the ambit of its tasks and powers, coordinate with concerned agencies in managing the construction quality of civil works at airports and airfields.”

To amend and supplement Clause 1, Article 59 as follows:

“1. Airport authority means an agency attached to the body performing the specialized state management of civil aviation and performing the state management of civil aviation at airports and airfields in accordance with law.”

To amend and supplement Clauses 2 and 3, Article 79 as follows:

“2. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, deciding to establish and operate the airspaces of airfields and flight zones to serve general aviation activities; and submitting to the Prime Minister for decision the establishment and operation of air routes.
Airspace of an airfield means an aerial area which is delimited in its width and elevation suitable to characteristics of such airfield and serves takeoff, landing and waiting-for-landing flight of aircraft above the airfield.
Flight zone to serve general aviation activities means an aerial area which is delimited in its width and elevation suitable to each type of operation and has flight rules and methods and requirements on the provision of air navigation assurance services.
Air route means an aerial area which is delimited in its width and elevation and controlled.

The Ministry of Transport shall manage the organization and operation of air routes and airspaces of civil airfields and flight zones to serve general aviation activities in the Vietnamese airspace and flight information regions managed by Vietnam. The organization of operation of the airspace of an airfield used for dual civil and military purposes or of a flight zone to serve general aviation activities is subject to written agreement of the Ministry of National Defense.”
To amend and supplement Clause 2, Article 80 as follows:

“2. Vietnamese and foreign aircraft making international flights may only take off from and land at international airports; in case such an aircraft takes off from or lands at a domestic airport or airfield or an international flight is engaged in domestic carriage with a Vietnamese aircraft, permission of the Ministry of Transport after reaching agreement with the Ministry of National Defense is required.
International flight referred to in this Law means a flight made over the territories of more than one state.”

To amend and supplement Clause 2 of Article 81 as follows:

“2. Aircraft operating within the Vietnamese territory must obtain flight permits from the following Vietnamese agencies:
a/ The Ministry of Foreign Affairs, which shall grant flight permits to foreign special flights carrying guests invited by the Party and the State and escort or preparation flights of such special flights engaged in civil aviation activities in Vietnam.
Special flight means a flight for totally exclusive use or for exclusive use combined with commercial carriage which is certified or notified as such by a competent state agency under regulations on special flights;
b/ The Ministry of National Defense, which shall grant flight permits for flights of Vietnamese and foreign military aircraft engaged in civil aviation activities in Vietnam; for flights of unmanned aircraft or ultralight aerial vehicles; or for flights outside air routes;
c/ The Ministry of Transport, which shall grant flight permits for flights engaged in civil aviation activities in Vietnam, including flights of Vietnamese and foreign aircraft for civil purposes other than those mentioned at Points a and b of this Clause; special flights of Vietnam, escort or preparation flights of such special flights; foreign special flights other than those specified at Point a of this Clause and escort or preparation flights of such special flights; and for flights of Vietnamese and foreign official-duty aircraft other than those specified at Points a and b of this Clause.”

To amend and supplement Clause 2 of, and add Clause 5 to, Article 92 as follows:

“2. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, prescribing and managing air obstacle limitation surfaces and heights of works related to air obstacle limitation surfaces.
The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, publicly announcing air obstacle limitation surfaces and heights of works related to air obstacle limitation surfaces in airfields where civil aviation activities are conducted; limited areas for ensuring normal operation of aeronautical radio stations; limits of obstacles in areas adjacent to airports and airfields; making statistics on, marking and announcing a list of natural and artificial obstacles that are likely to affect the safety of air navigation.”
“5. When licensing the construction of works in areas specified in Clause 2 of this Article, the competent licensing agency shall ensure compliance with regulations on the height of works related to air obstacle limitation surfaces.”

To amend and supplement Clause 1, Article 94 as follows:

“1. The Government shall prescribe in detail the organization and use of the airspace; management of air navigation at airports and airfields; grant of flight permits; coordinated management of civil and military air navigation; management of special-purpose flights; and management of air obstacles.”

To amend the title of Section 2, Chapter V as follows:

“AIR NAVIGATION ASSURANCE”

To amend and supplement Article 95 as follows:

“Article 95. Air navigation assurance

Air navigation assurance covers:

a/ Organization and management of air navigation assurance;
b/ Provision of air navigation assurance services.

Organization and management of air navigation assurance means establishment and operation of an air navigation assurance system, covering planning of flight information regions; planning and management of construction, maintenance, repair and maintenance of sufficient conditions for operation of infrastructure and organization of operation of the air navigation assurance system; standardization, assessment and surveillance to ensure the quality of provided air navigation assurance services; coordination of flight administration and notification of aeronautical information.

The Ministry of Transport shall organize and manage air navigation assurance.

Air navigation assurance services are necessary services to ensure safety, regularity, continuity and efficiency for air navigation, including air traffic service; aeronautical communication, navigation and surveillance service; meteorological service; aeronautical information notification service; and search and rescue service. Air navigation assurance services are public ones.
Enterprises providing air navigation assurance services must have service provision facilities and technical and equipment systems with operation permits granted by the Ministry of Transport. Enterprises applying for such operation permits shall pay a fee.
Organizations and individuals with flight operations in flight information regions managed by Vietnam shall be provided with air navigation assurance services.”
To amend and supplement Clauses 2 and 3, Article 102 as follows:

“2. When an aircraft is in danger or distress at an airport, an airfield or an area adjacent thereto, the body performing the specialized state management of civil aviation shall coordinate with People’s Committees at all levels in searching for and rescuing the aircraft, persons and property.

When an aircraft is in danger or distress outside areas specified in Clause 2 of this Article, the National Committee for Search and Rescue shall assume the prime responsibility for, and coordinate with the Ministry of Transport, related ministries and sectors, People’s Committees at all levels and other agencies and organizations in searching for and rescuing the aircraft, persons and property.”
To add Clause 4a following Clause 4 of Article 110 as follows:

“4a. Enterprises obtaining air carriage business licenses have the following obligations:
a/ To publicly announce contents of their licenses;
b/ To operate for proper purposes and contents and under conditions stated in their licenses;
c/ To maintain the prescribed conditions for grant of air carriage business licenses and aircraft operator certificates;
d/ To maintain the quality of air carriage services under regulations of the Ministry of Transport;
dd/ To comply with the civil aviation law and other relevant laws.”

To amend and supplement Clause 2, Article 112 as follows:

“2. Airlines shall deal in air carriage within the scope of the right to air carriage granted by the Ministry of Transport; may neither buy nor sell such right or commit prohibited acts of competition suppression or unfair competition; may not use brands, including trade names and marks confusingly similar to those of other airlines; and may neither transfer nor receive the air carriage business right.”

To amend and supplement Clause 3, Article 115 as follows:

“3. The Ministry of Transport shall designate Vietnamese airlines to operate air routes to areas with particularly difficult socio-economic conditions, mountainous, deep-lying and remote areas where there are essential needs for public air carriage.”

To amend and supplement Article 116 as follows:

“Article 116. Air carriage service prices

Airlines shall notify air carriage service prices for international routes to and from Vietnam at the request of the Ministry of Transport, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party.
Airlines may decide on domestic air carriage service prices within the service price frame prescribed by the Ministry of Transport and declare such prices to the Ministry of Transport.”
To amend and supplement Clause 5 of; and add Clause 6 to Article 145 as follows:

“5. If, due to the carrier’s fault, a passenger whose seat has been confirmed in the flight is not carried or his/her flight is cancelled or delayed for a long time without prior notice, the carrier shall perform the obligations specified in Clauses 3 and 4 of this Article, and pay a non- refundable advance compensation amount to the passenger. If the carrier has to pay damages for its civil liability, such amount shall be subtracted from the damages.
The Minister of Transport shall specify the time for prior notice, long flight delay period and non-refundable advance compensations after reaching agreement with the Minister of Finance.

The Minister of Transport shall prescribe the quality of passenger services provided at airports and airfields.”
To amend and supplement Article 159 as follows:

“Article 159. Carriage of weapons, war tools and radioactive materials

It is prohibited to carry by air weapons, war tools and radioactive materials into or through the Vietnamese territory, except the cases prescribed in Clauses 2 and 3 of this Article.

This provision also applies to official-duty aircraft.

The Minister of National Defense shall decide on special cases in which the air carriage of weapons and war tools into or through the Vietnamese territory is permitted.
The Prime Minister shall decide on special cases in which the air carriage of radioactive materials into or through the Vietnamese territory is permitted.
In addition to Clauses 1, 2 and 3 of this Article, the air carriage of weapons, war tools and radioactive materials must comply with relevant regulations.”
To amend and supplement Clause 3 of, and add Clause 4 to, Article 165 as follows:

“3. The carrier may be partly or wholly exonerated from its compensation liability for the damage to the cargo at a corresponding level in the following cases:
a/ Natural characteristics or inherent defects of the cargo;
b/ A decision of the court or a competent state agency in relation to the cargo;
c/ The break-out of war or an armed conflict;
d/ The fault of the consignor or the consignee or the cargo escorter appointed by the consignor or the consignee.

The carrier may be partly or wholly exonerated from its compensation liability for the damage to the checked baggage at a corresponding level caused by natural characteristics or inherent defects of the baggage.”
To amend and supplement Clause 2, Article 190 as follows:

“2. Acts of illegal interference in civil aviation activities are acts likely to endanger the safety of civil aviation, including:
a/ Illegally possessing an aircraft in flight;
b/ Illegally possessing an aircraft on the ground;
c/ Using an aircraft as a weapon;
d/ Holding hostages in an aircraft or at an airport or airfield;
dd/ Illegally breaking into an aircraft, airport, airfield and civil aviation facilities, equipment and devices;
e/ Illegally bringing dangerous objects onboard an aircraft, airport, airfield or other restricted areas.
Dangerous objects include weapons, ammunitions, combustibles, flammables, explosives, chemical and biological toxins, radioactive substances and other objects and substances capable of causing danger or being used to cause danger to human health and life and safety of flight;
g/ Providing information which is so false that it affects the safety of aircraft in flight or on the ground, the safety of passengers, crews, ground personnel or persons at airports, airfields and civil air navigation aids, facilities and equipment;
h/ Intentionally committing illegal acts endangering the safety of operation of aircraft, airports or airfields; or affecting air navigation assurance.”

To amend and supplement Article 191 as follows:

“Article 191. Aviation security assurance

Aviation security shall be ensured by the following measures:

a/ Safeguarding security and national defense, maintaining social order and safety in accordance with the laws on national security, national defense, people’s public security force, counter-terrorism, and other relevant laws;
b/ Establishing restricted areas in airports, airfields and places where exist air navigation aids, facilities and equipment to protect aircraft and works, facilities and equipment in such places;
c/ Checking, screening and supervising aviation security of aircraft, vehicles, people, baggage, cargoes leaving, entering and operating in restricted areas under regulations; searching aircraft, vehicles, people, baggage and cargoes when they show signs of endangering aviation security;
d/ Precluding the possibility of illegal air carriage of dangerous articles; applying special preventive measures when permitting the carriage of dangerous articles and persons that are likely to endanger aviation security; imposing permanent or temporary ban on carriage of troublemaking passengers and people who commit acts of illegally interference in civil aviation activities or at the request of competent state agencies.
Troublemaking passenger means a passenger who intentionally refuses to abide by regulations on aviation safety and security and public order at an airport or airfield, onboard an aircraft or spreads or provides false information endangering aviation safety;
dd/ Supervising aviation security, maintaining order and discipline at airports, airfields and places where exist air navigation aids, facilities and equipment and onboard aircraft;
e/ Preventing and combating terrorism onboard aircraft;
g/ Applying special preventive measures when permitting the carriage of dangerous persons;
h/ Controlling internal security among aviation employees;
i/ Responding to acts of illegal interference in civil aviation activities.

The Ministry of Public Security and the Ministry of National Defense shall, within the ambit of their powers, assume the prime responsibility for, and coordinate with the Ministry of Transport, provincial-level People’s Committees and related ministries and sectors in, organizing the application of the measures specified at Points a, e, g and i, Clause 1 of this Article.
The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Public Security and Ministry of National Defense, provincial-level People’s Committees and related ministries and sectors in, organizing the application of the measures specified at Points b, c, d, dd and h, Clause 1 of this Article.
The Government shall detail this Article.”
To amend and supplement Clause 1, Article 192 as follows:

“1. Restricted area is an area in an airport or airfield or a place where exist air navigation aids, facilities and equipment in which entry, exit and activities must comply with regulations of competent state agencies and are subject to aviation security check, screening, surveillance and search under regulations.”

To amend and supplement Article 193 as follows:

“Article 193. Pre-flight aviation security check, screening, surveillance and search

Aircraft must go through pre-flight aviation security check and surveillance; in case there is a sign or information threatening flight security and safety, aviation security search shall be conducted.
Passengers, crew members, flight attendants, other related persons, baggage, cargoes, postal items and other objects shall go through aviation security check, screening and surveillance before getting onboard aircraft; in case there is a sign or information threatening flight security and safety, aviation security search shall be conducted. Surveillance of aviation security and maintenance of order and discipline on board the aircraft shall be performed throughout the flight.
The Government shall prescribe conditions, order and procedures for aviation security search.”
To amend and supplement Article 195 as follows:

“Article 195. Aviation security control force

The aviation security control force shall be organized under direction of the Ministry of Transport to apply aviation security assurance measures within the scope of responsibility of the Ministry of Transport.
Areas of operation of the aviation security control force covers airports, airfields, aircraft, establishments providing air traffic services, establishments manufacturing, maintaining and repairing aircraft and aircraft equipment, establishments providing aviation services at airports and airfields, and establishments processing cargoes and postal items to be loaded onto aircraft.
The aviation security control force shall be recruited and trained to meet professional requirements; and provided with uniforms, badges and insignias under regulations of the Ministry of Transport.
The aviation security control force shall be equipped with and entitled to use weapons, support tools, equipment and vehicles to perform their tasks prescribed by law.
The Ministry of Public Security and Ministry of National Defense shall coordinate with the Ministry of Transport in providing professional training, guidelines and instructions to the aviation security control force.”
To amend and supplement Article 196 as follows:

“Article 196. Aviation security programs and regulations

Aviation security programs and regulations define responsibilities of agencies, organizations and individuals involved in implementing processes, procedures and measures to ensure aviation security.
Aviation security programs and regulations include:

a/ Vietnam’s aviation security program;
b/ Vietnam’s aviation security training program;
c/ Vietnam’s aviation security quality control program;
d/ Aviation security programs of airport and airfield operators;
dd/ Aviation security programs of airlines;
e/ Aviation security training programs of establishments training aviation employees;
g/ Aviation security regulations of establishments providing air traffic services, establishments manufacturing, maintaining and repairing aircraft and aircraft equipment, establishments providing aviation services at airports and airfields, and establishments processing cargoes and postal items to be loaded onto aircraft.

Aviation security programs and regulations specified in Clause 2 of this Article shall be promulgated in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.
The Minister of Transport shall promulgate aviation security programs specified at Points a, b and c, Clause 2 of this Article.

The Aviation Authority shall approve aviation security programs and regulations specified at Points d, dd, e and g, Clause 2 of this Article; accept or reject aviation security programs of foreign airlines.”

To amend and supplement Article 197 as follows:

“Article 197. Responsibilities of organizations and individuals involved in civil aviation activities to ensure aviation security

Operators of airports and airfields, airlines, establishments providing air traffic services, establishments manufacturing, maintaining and repairing aircraft and aircraft equipment, establishments providing aviation services at airports and airfields, and establishments processing cargoes and postal items to be loaded onto aircraft shall formulate civil aviation security programs and regulations and submit them to competent state agencies for approval, and organize their implementation; and ensure aviation security for activities under their management.
Foreign airlines that operate scheduled carriage to and from Vietnam shall submit to the Aviation Authority their civil aviation security programs for their operations in Vietnam.
Airlines and aircraft operators that operate international flights to Vietnam shall provide in advance information on flights, passengers and crews to competent state agencies under regulations of the Government.
Other organizations and individuals involved in civil aviation activities shall comply with the aviation security law.
The Ministry of Transport shall supervise and evaluate the application of aviation security assurance measures in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party; inspect, examine, survey, test, evaluate and investigate the observance of the aviation security law by organizations and individuals involved in civil aviation activities.”
To add the following Clause 4 to Article 198:

“4. Organizations that conduct general aviation activities for commercial purposes may not commit prohibited acts of competition restriction or unfair competition; may not use brands, including trade names and marks causing confusion with those of other organizations conducting general aviation activities; and may neither transfer nor acquire the right to conduct general aviation activities for commercial purposes.”

To replace the phrase “postal items, postal parcels, mails” in Point b, Clause 1, Article 45; Clause 2, Article 47; Clause 1, Article 109; Clause 1, Article 111; Article 119; Clause 2, Article 120; Clause 3, Article 121;Article 157; and Clause 1,Article 198 with the phrase “postal items.” To replace the phrase “the Ministry of Post and Telematics” m Clause 3, Article 94 with the phrase “the Ministry of Information and Communications.” To replace the phrase “freight” in Clause 1 and at Point c, Clause 2, Article 126; Clause 2, Article 128; and Clause 2, Article 143; and the word “freight” in Clause 1, Article 128; Clause 1, Article 143; and Clause 4, Article 161; Clauses 5 and 6, Article 147 with the phrase “service price.” To replace the phrase “the disabled” in Clause 2, Article 145 with the phrase “people with disabilities.”
To annul Article 125; and Clauses 3 and 4 of Article 158.

Article 2.
To amend and supplement Points a and b, Clause 3, Article 19 of Price Law No. 11/2012/QH13 as follows:
“a/ Setting specific prices for:
– Aviation services, including takeoff and landing service; administration service for departure and arrival flights; air navigation assurance assistance service; passenger services; aviation security assurance service and administration service for flights through flight information regions managed by Vietnam;
– Telecommunications connection service;
– Power: power transmission price; power system supporting service price;
b/ Setting price frames for power generation price; power wholesale price; average power retail price; prices for other aviation services; ground lease price and prices for essential services at airports and airfields;”
Article 3.

This Law takes effect on July 1, 2015.
The Government and competent agencies shall detail articles and clauses of this Law as assigned.

This Law was passed on November 21, 2014, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 8^th session. –

CHAIRMAN OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung

The post Law No. 61/2014/QH13 of November 21, 2014, amending and supplementing a number of articles of the vietnam civil aviation law appeared first on MP Law Firm.

Decree No: 30/2014/ND-CP of April 14, 2014, on conditions for sea shipping and sea shipping support service business

mplawadmin — Mon, 14 Apr 2014 16:23:22 +0000

THE GOVERNMENT ——–	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ———–
No: 30/2014/ND-CP	Hanoi, April 14, 2014

DECREE

ON CONDITIONS FOR SEA SHIPPING AND SEA SHIPPING SUPPORT SERVICE BUSINESS

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Maritime Code of Vietnam dated June 14, 2005;
Pursuant to the Law on Enterprises dated November 29, 2005;
Pursuant to the Law on Investment dated November 29, 2005;
Pursuant to the Law on Commerce dated June 14, 2005;
At the proposal of the Minister of Transport,
The Government promulgates Decree on conditions for sea shipping and sea shipping support service business.
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation

This Decree provides:
a) Conditions for sea shipping business;
b) Conditions for sea shipping service business including shipping agency services, towage assistance services
In addition to the provisions of this Decree on business conditions, organizations and individuals must also comply with other relevant legal provisions.

Article 2. Subjects of application
This Decree applies for Vietnamese organizations and individuals, foreign organizations and individuals relating to sea shipping business and business of sea shipping agency service, sea shipping towage service in Vietnam.
Article 3. Interpretation of terms
In this Decree, following terms are construed as follows:

Sea shipping business is a business using seagoing vessels to transport goods, passengers and luggage.
Inland sea shipping is the transport of goods, passengers and luggage by seagoing vessels in which the loading location of goods, passengers and luggage and the unloading location of goods, passengers and luggage’s are under seaports of Vietnam and the sea area of Vietnam.
International sea shipping is the transport of goods, passengers, luggage by seagoing vessels between seaports of Vietnam and seaports of foreign countries or between seaports of foreign countries.
Enterprises engaged in sea shipping business, sea shipping support service business prescribed in this Decree comprise enterprises established in accordance to legal provisions on enterprises and cooperatives established in accordance with legal provisions on cooperatives.

Chapter 2.
CONDITIONS FOR SEA SHIPPING BUSINESS
Article 4. Conditions for sea shipping business
Persons who are engaged in sea shipping business in Vietnam will have to establish enterprises for sea shipping business as prescribed by laws and will only be entitled to conduct sea shipping business after having been granted with Licenses for sea shipping business.
Article 5. Conditions for grant of Licenses for sea shipping business

Have registered sea shipping business.
Enterprises conducting sea shipping business must have professional units to perform tasks as follows:
a) Control safety as prescribed by the International Safety Management Code – ISM Code in case of conducting sea shipping business on international routes;
b) Maritime security as prescribed by the International Ship and Port Facility Security Code – ISPS Code in case of conducting sea shipping business on international routes;
c) Use seagoing vessels and implement legal affairs in enterprises in accordance with legal provisions.
Persons who are appointed to hold positions in charge of operating seagoing vessels must have bachelor degrees in one of maritime, foreign trade, commercial or economic specialties and must have at least 03 years of experience in the field of seagoing vessel operation.
Persons who are appointed to hold positions in charge of safety or security management systems must have working experience at least 02 years in the management and use of seagoing vessels; must be trained, guided and granted with certificates in compliance with provisions.
Persons who are appointed to hold positions in charge of legal affairs in enterprises must have bachelor degrees in law speciality and must have working experience at least 02 years in legal field.
Having capitals and other assets which are equal to at least 20 (twenty) billions Dong if conducting international sea shipping business and 05 (five) millions Dong if conducting inland sea shipping business.

Article 6. Application dossiers for grant of Licenses for sea shipping business
An application dossier for grant of a License for sea shipping business will comprise:

An application requesting grant of a License for sea shipping business according to Form No.01 prescribed in the Annex of this Decree.
A certificate of business registration (a certified copy).
List of positions enclosed with extracted profiles in which present clearly working experience duration of each position and relevant degrees or certificates (certified copies) of positions as prescribed at Clauses 3, 4 and 5 of Article 5 of this Decree.
A document verifying capital or asset value of the enterprise issued by a competent financial or audit state agency or a guarantee of a credit organization (the original) reflected the guarantee value and the guarantee deadline in compliance with the minimum asset value of the enterprise and the term of the license.

Article 7. Order of licensing for sea shipping business

The enterprise that requests a grant of a License for sea shipping business will have to send 01 set of dossier to Vietnam Maritime Administration directly or via postal system.
Vietnam Maritime Administration will receive the dossier. In case that the dossier received through the postal system is lack or not valid, within 02 working days from the date of receipt, Vietnam Maritime Administration will notify clearly contents need to be supplemented or amended. In case that the dossier is directly received, the receiving official will have to check and notify clearly contents need to be supplemented or amended to the applicant; if the dossier is sufficient, a receipt will be issued to the applicant.
Within 05 (five) working days, since the date of receiving a valid and full dossier, Vietnam Maritime Administration will conduct an appraisal of the dossier, issue License for sea shipping business and return the result directly or through postal system.

In case of rejecting to issue License for sea shipping business, Vietnam Maritime Administration must respond in writing and clearly state reasons.

A license for sea shipping business will valid for 05 (five) years since the date of grant. Contents of a License for sea shipping business will comply with Form No.02 prescribed in the Annex of this Decree.

Article 8. Re-grant of Licenses for sea shipping business
A License for sea shipping business will be re-granted in cases as follows:

In case that a License for sea shipping business is expired:
a) At least 01 month before the License for sea shipping business is expired, the enterprise will have to conduct procedures for re-grant of the License;
b) In case that the enterprise does not change any content in the previous dossier requesting grant of a license, the dossier requesting a re-grant of the license will include: An application for re-grant of License for sea shipping business will comply with the Form 01 prescribed in Annex of this Decree and the old License for sea shipping business.

Order of re-grant of a License for sea shipping business will comply with Article 7 of this Decree;

c) In case that the enterprise has a change on content in the previous dossier for requesting grant of the License, dossier and order of re-grant of License for sea shipping business will comply with provisions under Article 6 and Article 7 of this Decree.
In case that the License for sea shipping business is lost or damaged so it cannot continue being used:
a) The enterprise conducting sea shipping business will send 01 set of dossier requesting to be re-granted with the License for sea shipping business to Vietnam Maritime Administration directly or via postal system.

The dossier will include: An application for re-grant of License for sea shipping business will comply with the Form 01 prescribed in Annex of this Decree and the old License for sea shipping business (in the case that the old License for sea shipping business is damaged);

b) Vietnam Maritime Administration will receive the dossier. In case that the dossier received through the postal system is not valid, within 02 working days from the date of receipt, Vietnam Maritime Administration will notify clearly contents need to be supplemented or amended. In case that the dossier is directly received, the receiving official will have to check and notify clearly contents need to be supplemented or amended to the applicant; if the dossier is sufficient, a receipt will be issued to the applicant;
c) Within 03 (three) working days, since the date of receiving a valid and full dossier, Vietnam Maritime Administration will conduct an appraisal of the dossier and issue the License; in case of rejecting to issue the License, a response in writing in which reasons are clearly stated is required.
In case that the License for sea shipping business is still valid but the enterprise has changes in relevant contents reflected in the granted License for sea shipping business:
a) The enterprise conducting sea shipping business will send 01 set of dossier requesting for re-grant of the License for sea shipping business which include an application for re-grant of the License for sea shipping business in accordance with the Form No.01 as prescribed in Annex of this Decree and other documents, materials relating to contents changed;
b) Within 03 (three) working days, since the date of receiving a valid and full dossier as prescribed in Point a, this Clause, Vietnam Maritime Administration will re-grant the License; in case of rejecting to re-grant the License, a response in writing in which reasons are clearly stated is required.
Term of the re-granted License for sea shipping business in cases prescribed in Clauses 2, 3 of this Article will not be allowed to exceed the period of validity of the previously-issued License.

Article 9. Procedures for withdrawal of Licenses for sea shipping business
The License for sea shipping business will be no longer valid when there is a decision on withdrawal of a competent state agency. Procedures for withdrawal of the License for sea shipping business will be conducted as follows:

In case the enterprise violates business conditions according to legal provisions or purposely falsify information in the dossier requesting an grant of the License for sea shipping business, Vietnam Maritime Administration will decide to withdraw the License for sea shipping business which was granted to the enterprise at the proposal of a state agency which has competency in handling related administrative violations.
In case that the enterprise is bankrupted or dissolved, Vietnam Maritime Administration will decide to withdraw the License for sea shipping business issued to the enterprise based on a decision of the state agency which has competency in the bankruptcy or the dissolution of the enterprise.
Procedures for withdrawal of the License for sea shipping business at the proposal of the enterprise conducting sea shipping business will be conducted as follows:
a) The enterprise will send a request enclosed with the previously-issued License for sea shipping business to Vietnam Maritime Administration directly or via postal system;
b) Within 03 (three) working days, since the date of receiving the request in writing, Vietnam Maritime Administration will decide to withdraw the License for sea shipping business of the enterprise.
Vietnam Maritime Administration will notify relevant state agencies and publicize information of the enterprise which its License is withdrawn on the website of Vietnam Maritime Administration. Within (05) five days, since the date of receiving the decision on withdrawal, the enterprise conducting sea shipping business will have to return the License for sea shipping business to Vietnam Maritime Administration directly or through the postal system.

Chapter 3.
CONDITIONS FOR SEA SHIPPING SUPPORT SERVICE BUSINESS
SECTION 1. SEA SHIPPING AGENCY SERVICE
Article 10. Conditions for sea shipping agency service business

Organizations, individuals providing sea shipping agency service in Vietnam will have to establish enterprises in accordance with legal provisions.
Having registered the business of sea shipping agency service.
Enterprises must have professional cadres conducting provision of sea shipping agency service and legal affairs for enterprises.
Persons who are appointed to hold positions in charge of sea shipping agency field must have at least 02 (two) years of experience in sea shipping agency operation.
Staff of sea shipping agencies must be Vietnamese citizens, having their bachelor degrees in one of maritime, foreign trade, commercial or economic specialities.
Persons who are appointed to hold positions in charge of legal affairs in enterprises must have bachelor degrees in law speciality and must have working experience at least 02 (two) years in legal field.

Article 11. Conditions for upholding business activities of sea shipping agency service

Having insurance contracts for professional liability of sea shipping agency service or equivalent financial guarantees.
Having a shipping agency contract for each specific shipment or in a specific time limit.

Article 12. Conditions in term of capital for foreign organizations, individuals providing sea shipping agency service
Foreign organizations, individuals are entitled to establish joint venture enterprises to provide sea shipping agency service, in which the percentage of capital contribution of foreign investors must not exceed 49% of the charter capital of joint venture enterprises.
SECTION 2. SEA SHIPPING TOWAGE SERVICE
Article 13. Conditions for sea shipping towage service business

Organizations, individuals providing sea shipping towage service in Vietnam will have to establish enterprises in accordance with legal provisions.
Having registered the business of sea shipping towage service.
Enterprises must have professional cadres conducting sea shipping towage service and legal affairs for enterprises.
Persons who are appointed to hold positions in charge of sea shipping towage field must have at least 02 (two) years of experience in sea shipping towage field.
Persons who are appointed to hold positions in charge of legal affairs in enterprises must have bachelor degrees in law speciality or equivalent degrees and must have working experience at least 02 (two) years in legal field.
Having at least 02 (two) special-use tugboats.

Article 14. Conditions for upholding sea shipping towage activities

1. Having insurance for professional liabilities of sea shipping towage services or equivalent guarantees.
Having sea shipping towage contracts for each specific shipment or in a specific time limit.

Article 15. Conditions in term of capital for foreign organizations, individuals providing sea shipping towage service
Foreign organizations, individuals are entitled to establish joint venture enterprises to provide sea shipping towage service, in which the percentage of capital contribution of foreign investors must not exceed 49% of the charter capital of joint venture enterprises.
Chapter 4.
PROVISIONS OF IMPLEMENTATION
Article 16. Transitional provisions

Enterprises conducting business activities in sectors of sea shipping, sea shipping agency service or sea shipping towage service before the effective date of this Decree will be entitled to continue conducting their business.
Within 05 (five) years since the effective date of this Decree, enterprises prescribed in Clause 1 of this Article must fully satisfy conditions as prescribed in this Decree.

Article 17. Effect
This Decree will take effect on July 1, 2014 and replace Decree No.115/2007/ND-CP dated July 5, 2007 of the Government on conditions for sea shipping service business.
Article 18. Obligation of implementation
Ministers, heads of ministerial-level agencies, heads of governmental agencies, chairpersons of People’s Committees of provinces and centrally-run cities and relevant organizations and individuals will be responsible for implementation of this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung

The post Decree No: 30/2014/ND-CP of April 14, 2014, on conditions for sea shipping and sea shipping support service business appeared first on MP Law Firm.

Decision No. 318/QD-TTg of March 14, 2014, approving the strategy for development of transportation services through 2020, and orientations toward 2030

mplawadmin — Tue, 04 Mar 2014 16:43:41 +0000

THE PRIME MINISTER ——-	THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ————-
No. 318/QD-TTg	Hanoi, March 4, 2014

DECISION

APPROVING THE STRATEGY FOR DEVELOPMENT OF TRANSPORTATION SERVICES THROUGH 2020, AND ORIENTATIONS TOWARD 2030 (*)

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Strategy for Vietnam’s socio-economic development during 2011-2020 (the Documents of the XI^th National Congress of the Communist Party of Vietnam);
Pursuant to the Prime Minister’s Decision No. 175/QD-TTg of January 27, approving the overall strategy on development of Vietnam s service sector through 2020;
Pursuant to the Prime Minister’s Decision No. 808/QD-TTg of June 29, 2012, promulgating the action program for implementing the overall strategy on development of Vietnam s service sector through 2020;
Pursuant to the Prime Minister s Decision No. 355/QD-TTg of February 25,2013, approving the adjusted strategy for transport development through 2020, with a vision toward 2030;
At the proposal of the Ministry of Transport,
DECIDES:
Article 1. To approve the Strategy for development of transportation services through 2020, and orientations toward 2030 (below referred to as the Strategy), with the following principal contents:

VIEWPOINTS

– The Strategy must conform to the socio-economic development strategy, the overall strategy on development of Vietnam’s service sector, the transport development strategy and relevant sectoral development master plans.
– To improve institutions and policies on state management of transportation services with a view to establishing a favorable and transparent business environment to promote the development of transportation businesses forming a socialized, competitive, fair and sound transportation market; to encourage investment to develop domestic and international transportation and adopt support and incentive mechanisms for Vietnamese businesses that make offshore investment in the field of transportation.
– To develop transportation in a harmonious and sustainable manner on the basis of bringing into the fullest play the advantages of each mode of transportation with a view to meeting transportation demands to serve national socio-economic development and ensure security, national defense and international integration.
– To develop modern cargo and passenger transportation services; to apply synchronous solutions to raising service capacity and quality, reducing transportation costs and raising economic competitiveness; to step up the development of multimodal transportation; to take the initiative in integration and cooperation for developing international transportation capacity and joining the global supply chain; to accelerate the development of mass transit in urban centers and along key transportation corridors.
– To rationally develop modem and comfortable means of transportation in terms of quantity and type, meeting technical standards on safety, energy conservation and environmental friendliness.
– To develop Vietnamese transportation businesses that apply an advanced governance model, achieve high business effectiveness and competitiveness, dominate the domestic transportation market, playing an important role in the transportation of imports and exports, and step by step operate effectively in the international transportation market.
– To improve the quality of human resource training, while stepping up scientific research and application, master and develop new technologies in governance and provision of transportation services; to regard human resources and technologies as a major basis for raising the productivity, quality and efficiency of transportation business lines.

OBJECTIVES
Overall objectives

To improve the quality of transportation services, reduce transportation costs, ensure traffic order and safety and environmental protection, timely and fully satisfy cargo and passenger transportation demands and raise economic competitiveness for gradually turning Vietnam into a cargo and passenger transshipment center of the region, making great contributions to successfully implementing the socio-economic development strategy and ensuring national defense and security.

Specific targets

a/ By 2020
The total freight traffic will reach around 1.3 trillion tons.km (equivalent to 2.2 billion tons of cargo) and the total passenger traffic will reach 340 billion passengers.km (equivalent to 6.3 billion passengers), with an annual average growth rate of 9.1%, for cargo, and 10.7%, for passengers, during 2013-2020 (see details in the attached Appendix, not translated).
To restructure the domestic transportation market by reducing the market share of road transportation and increasing the market shares of railway and inland waterway transportation, especially on major transportation corridors. The market shares of inter-provincial cargo transportation by road, railway and inland waterway will be 54.4%, 4.3% and 32.4%, respectively.
The market shares of inter-provincial passenger transportation by road and railway will be around 93.2% and 3.4%, respectively (see details in the attached Appendix, translated).
Mass transit in Hanoi will meet around 25% of demand, of which urban railways will account for 2-3%; these figures for Ho Chi Minh City will be 20% and 4-5%, respectively.
To raise the quality of cargo and passenger transportation services with reasonable costs, contributing to reducing logistics costs of the economy to around 15% of GDP; to complete the bus transit and bus rapid transit networks in urban centers of grade 1 or higher grade; to put to operation 1 -2 urban railway routes in Hanoi capital and Ho Chi Minh City; to develop mass transit vehicles of small capacity and taxis for collecting passengers for urban bus and railway services.
To increase traffic safety in transportation business activities, striving to annually reduce 5-10% the number of deaths due to commercial vehicle accidents, and minimize aviation incidents.
To raise technical safety and environmental protection standards of means of transport as well as energy efficiency; to control, prevent and limit the increase of environmental pollution in transportation activities.
To enhance the role of state management and step by step improve the legal system on transportation services; to clearly define and separate the functions of state management and trading in order to create an equal, open and transparent business environment.
To restructure the transportation force and step up the socialization of transportation business investment, especially in the railway sub-sector; to complete the equitization of all state enterprises in the transport sector.
b/ Orientations toward 2030
The total freight traffic will reach around 2.5 trillion tons.km (equivalent to 4.3 billion tons of cargo) and the total passenger traffic will reach 667 billion passengers.km (equivalent to 14 billion passengers), with an annual average growth rate of 6.7 %, for cargo, and 8.2%, for passengers, during 2021-2030 (see details in the attached Appendix, not translated).
To further restructure transportation so that the market shares of inter-provincial cargo transportation by road, railway and inland waterway will be 51.2%, 7.9% and 30.9%, respectively. The market shares of inter-provincial passenger transportation by road and railway will be around 92% and 4.7%, respectively (see details in the attached Appendix, not translated).
Mass transit in Hanoi will meet around 40% of demand, of which urban railways will account for around 17%; these figures for Ho Chi Minh City will be 35% and around 18%, respectively.
To raise the productivity, quality and efficiency of passenger transportation services to the regional advanced level, contributing to reducing Vietnam’s logistics costs to below 15% of GDP; to improve the multimodal mass transit system with urban railway networks as the key in major routes within urban centers of grade 1 or higher grade; to improve the bus networks in urban centers of grade 2 or higher grade nationwide; to develop mass transit vehicles of small capacity and taxis for collecting passengers for urban bus and railway services.
To ensure higher traffic safety in transportation business activities, striving to reduce the rate of deaths due to traffic accidents per 10,000 commercial vehicles to be equal to or lower than the national rate of deaths caused by means of transport in general; to minimize aviation incidents.
To develop environment-friendly and energy-efficient transportation services and control environmental polluting constituents in transportation activities.
To put into place a complete legal system on transportation management, and ensure capacity for effective and strict law enforcement.
To develop transportation businesses of various sizes that apply an advanced governance model, possess qualified human resources and high level of technology application in corporate governance, and step by step expand transportation business investment in countries in the region and the world.
III. STRATEGIC ORIENTATIONS

Development of the transportation market

a/ Road transportation
– To step up the development of transportation services for collecting cargo from region- based distribution centers to retail points; short-distance transportation with small to medium volume; to join multimodal transportation chains linking hubs of different large-volume transportation modes (railway, inland waterway, seaway and airway) and medium and small distribution centers.
– To further develop short- and medium-distance (under 500 km) inter-provincial passenger transportation; intra-provincial transportation and mass transit by bus; and collection of passengers for public transportation routes.
– To further develop road transportation between rural and urban areas for linking agricultural production areas with outlets; to pay special attention to road transportation services in border, deep-lying, remote and extremely disadvantaged areas; to promote socio-economic development in combination with security and defense assurance, contributing to successfully implementing the national target program on building a new countryside.
– To enhance cooperation and connection to facilitate cross-border transportation between Vietnam and Laos, Cambodia, China and regional countries.
b/ Railway transportation
– To prioritize the development of railway transportation services for transporting large- volume cargo in medium-plus distance (300 km or longer); to step up inter-provincial passenger transportation services on major transportation corridors and mass transit in major cities.
– To completely link railways with major seaports and key inland waterway ports; to give incentives for the investment in and operation of large inland container depots (ICD) in key economic regions and along railway corridors ensuring the connection of ICDs with railways and key national highways and expressways.
– To intensify international cooperation on railway transportation with member countries of the Organization for Cooperation between Railways (OSZD) and cooperation in developing the trans-Asian railway; to prioritize the raising of cargo transportation capacity on the Hai Phong-Lao Cai railway.
– To rapidly develop modem railway transportation services, ensuring-convenient multimodal transportation connection; to implement the master plan on investment in railway infrastructure on the East-West corridor, linking with Cambodia, the Central Highlands and the Mekong delta region.
c/ Inland waterway transportation
– To prioritize and promote the development of inland waterway transportation mainly for transporting bulk, super-length and super-weight cargo to large seaports and industrial and service centers along key inland waterway routes, especially in the national inland waterway networks in the Mekong and Red river delta regions, river-sea waterways and waterways to islands and on large lakes.
– To raise the capacity to provide transportation support services at large inland waterway ports, especially loading/unloading capacity and inland waterway container transportation logistics services.
– To enhance cooperation to facilitate cross-border inland waterway transportation between Vietnam and Cambodia and between Vietnam and China.
d/ Sea transportation
– To focus on developing exports and imports transportation capacity, international cargo transportation, transportation along the north-south coastal route, and cargo and passenger transportation from the mainland to offshore islands.
– To continue maintaining the dominating position in the domestic sea transportation market and increase the transportation capacity and market share of Vietnam compared to other countries and develop international transportation in Southeast Asia and Northeast Asia; to step by step expand the exploitation of European, American, African and South Asian markets; to participate in the provision of services along ocean shipping routes and in the global supply chain.
– To prioritize the development of the transportation capacity for linking key seaports in the Cai Mep-Thi Vai area with the Cambodian market; ports in the Hai Phong area with the southwestern region of China; and ports in the central region with Laos, Thailand and Myanmar.
– To step up the development of sea transportation and marine tourist products ; to increase the capacity to accommodate tourist ships and increase convenient links with tourist sites in the mainland; to step by step develop large cruise ships to link Vietnam with important tourist sites around the world.
dd/ Air transportation
– To further raise bilateral and multilateral air transportation capacity for the traditional markets in Southeast Asia, Northeast Asia, China and Oceania; to promote air transportation links with South Asia and Eastern European and former Soviet Union countries.
– To expeditiously open long-distance air routes to Europe, North America, Latin American and Africa and increase their passenger and cargo transportation capacity; to encourage investors to develop regional transshipment air terminals (regional hubs) and adopt policies to attract airlines to open long-distance air routes to these hubs.
– To step up the development of cargo transportation services and form a separate network of cargo transportation routes; to encourage investors to develop a regional cargo hub in Chu Lai and adopt incentive mechanisms to encourage airlines to launch cargo flights to this hub.
e/ Multimodal transportation and logistics services
– To develop international multimodal transportation services and multimodal connection in domestic transportation; to rapidly complete the master plan on the network of multi-level distribution centers (inland container depots, warehouses and yards) and routes for collecting cargo in major urban centers and key economic regions.
– To improve mechanisms and policies to encourage and create favorable conditions for investors to develop international logistics services and provide third-party logistics (3PL) or fourth-party logistics (4PL) services; to step up the application of e-commerce and modem supply chain governance.
– To study the establishment of an interdisciplinary agency for coordinating the functions and tasks of ministries, sectors and localities in logistics service investment and development.
g/ Urban mass transit
– To rationally develop mass transit in major urban centers and expeditiously complete bus transit and bus rapid transit (BRT) networks in urban centers of grade II or higher grade.
– To accelerate investment in the provision of mass passenger transportation services such as urban railways and rapid bus along main transport axes and central belt roads of special urban centers.
– To rationally develop transportation services for collecting passengers in areas inaccessible to buses and concurrently raise the quality and traffic safety of taxi services with a view to increasing to the utmost the service coverage of mass transit, especially for the elderly, tourists and personal car owners.

Strategy on development of means of transport

To develop means of transport that can meet transportation needs with structures and types suitable to transport infrastructure, types of cargo and categories of passenger and satisfy technical standards on safety, environmental protection and energy conservation.
a/ Road transport vehicles
– To develop road transport vehicles, prioritizing public transport vehicles and restricting the increase of personal motor vehicles; by 2020, there will be around 45 million road motor vehicles nationwide, including 3.2 – 3.5 million automobiles (of which small cars account for around 57%, passenger cars, 14%, and trucks, 29%); by 2030, there will be under 55 million road motor vehicles nationwide, including 5-6 million automobiles (of which small cars account for around 55%, passenger cars, 18%, and trucks, 27%).
– To develop modem and environment-friendly road transport vehicles; imported, manufactured and assembled cars will satisfy Euro 4 standards by 2017 and Euro 5 standards by 2020. By 2030, environmental technical safety standards will reach the regional advanced level; to increase the use of clean fuels in urban transport so that by 2020, 5-20% of buses and taxis will shift to be powered by LPG, CNG or polar energy.
– To intensify management and control of technical safety and environmental protection conditions of motor vehicles running on the road.
b/ Railway vehicles
– By 2020, to develop modem and fuel-efficient and rational-capacity railway vehicles:
+ To focus on developing modem, fuel-efficient and rational-capacity locomotives; to gradually stop using old and backward locomotives and invest in modem locomotives of 2,000 HP or more; the total number of cargo train locomotives will be 212-239 (with a total capacity of 424,000 – 478,000 HP); the total number of passenger train locomotives will be 63-70 (with a total capacity of 126,000 – 140,000 HP); to rationally distribute the use of locomotives depending on rail infrastructure conditions and sizes of trains;
+ To procure and build new cargo and passenger lightweight carriages with modem and comfort designs; to gradually stop using old and backward heavyweight carriages; to increase the number of container cargo carriages. All passenger carriages must have waste collection systems; by 2020, the total numbers of cargo carriages and passenger carriages will be 9,200- 10,400 and 816-899, respectively.
– By 2030, to develop railway vehicles to reach the regional advanced level with high energy use efficiency and high capacity:
+ To ensure that all passenger and cargo train locomotives will have a capacity of at least 2,000 HP; to gradually increase the number of electric locomotives according to the roadmap for development of high-speed railway transport and urban railways; the total number of cargo train locomotives will be 680-799 (with a total capacity of 1.5 – 1.8 million HP), and that of passenger train locomotives, 195-225 (with a total capacity of 448,000 – 517,000 HP);
+ All passenger and cargo carriages will be lightweight and comfortable and advanced according to regional standards; the total number of cargo carriages will be 28,300-33,300, of which the number of container carriages will account for 15-20%; and the number of passenger carriages will be 2,344-2,703.
c/ Inland waterway transport vessels
– By 2020, the total tonnage of inland waterway cargo transportation vessels will be 26-30 million tons; the total number of inland waterway vessel passenger seats will be around 750,000.
– By 2030, the total tonnage of inland waterway cargo transportation vessels will be 35-42 million tons; the total number of inland waterway vessel passenger seats will be around 890,000.
– Inter-provincial transportation:
+ In the northern region: Tugboats of 1,200-1,600 tons; self-propelled ships of up to 800 tons; self-propelled ships exclusively used for containers of 24-36 TEU; and river-sea ships of up to 3,000 tons;
+ In the southern region: Tugboats of 1,200-1,600 tons; self-propelled ships of up to 1,600 tons; self-propelled ships exclusively used for containers of 36-48 TEU and over 48 TEU; river-sea ships of up to 5,000 tons; ordinary passenger ships of up to 120 seats; and high-speed passenger ships of up to 90 seats.
– Intra-provincial transportation:
+ In the northern region: Self-propelled ships of up to 200 tons; passenger ships of 90- 120 seats; and ships to islands: up to 250 seats;
+ In the southern region: Self-propelled ships of up to 300-500 tons; and ordinary passenger ships of 50-120 seats.
– To enhance the management of technical safety and environmental protection of inland waterway vessels for commercial transportation; to study and promulgate regulations on the useful life of inland waterway vessels; from 2020 on, all inland waterway vessels for commercial cargo and passenger transportation must be registered and comply with regulations on traffic safety and useful life and have waste collection and treatment systems.
d/ Seaway transportation fleet
– By 2020, the total tonnage of the Vietnamese fleet will be 6.8-7.5 million DWT, of which the tonnage of dry cargo ships will be 4.72-5.21 million DWT, that of liquid cargo ships, 1.44-1.58 million DWT, and that of container ships, 0.68-0.72 million DWT.
– By 2030, the total tonnage of the Vietnamese fleet will be 12.61-14.42 million DWT, of which the tonnage of dry cargo ships will be 9.08-10.38 million DWT, that of liquid cargo ships, 2.19-2.7 million DWT, and that of container ships, 1.48-1.63 million DWT.
– Ship sizes:
+ International routes: Bulk ships: 30,000-200,000 DWT; general cargo ships: 5,000-50,000 DWT; liquid cargo ships: 10,000-400,000 DWT; and container ships: 500-12,000 TEU;
+ Domestic routes: Bulk and general cargo ships: 1,000-10,000 DWT; container ships: 200-1,000 TEU; and liquid cargo ships: 1,000-150,000 DWT.
– To increase the management of technical safety and environmental protection of the Vietnamese fleet in accordance with maritime treaties to which Vietnam is a contracting party; from 2020 and beyond, all operating Vietnamese ships must have the age within the useful life and fuel consumption level as prescribed.
dd/ Aircraft fleet
– By 2020, the total number of aircraft will be 190-210, of which the Vietnam Airlines Corporation will have 140-150 aircraft (with 70-80 aircraft owned) and other airlines are expected to have more 50-60 aircraft; the number of short-distance aircraft will be 60-70 (with 30-35 owned), medium-distance aircraft, 30-35 (with 17-20 owned), long-distance aircraft, 20-24 (with 10-12 owned), and cargo aircraft, 8-10 (with 3-5 owned).
– By 2030, Vietnamese airlines will have 230-250 aircraft (with over 50% owned), of which the number of long-distance aircraft will be 25-30 and that of cargo aircraft, 15-20.

Strategies for development of transportation businesses

– To complete the restructuring of state-owned transportation businesses through stepping up equitization of and minimizing the number and state holding rate in transportation businesses, except transportation businesses for national defense and security and social security purposes.
– To separate railway infrastructure businesses from transportation businesses into independent businesses and expeditiously equitize transportation businesses and railway transportation support service providers.
– To optimize the sizes of transportation businesses for reducing fixed costs per unit of product (1 ton.km or 1 passenger.km), especially to increase the sizes of road transportation businesses and inland waterway businesses to satisfy transportation business conditions as prescribed.
– To form a number of large multimodal cargo transportation businesses which are capable of conducting complete road-railway-seaway chains, road-waterway-seaway chains or road-airway chains; to increase inter-modal links of transportation services through linking service distribution activities, paying special attention to developing the model of one-stop shop ticket sale for multiple modes of passenger transportation.
– To raise the business administration efficiency of transportation units through renewing their organizational model and intensifying the application of science and technology, especially information technology; to enhance training and retraining of human resources; to take the initiative in cooperating with foreign partners to learn experience and acquire advanced technologies.
– To raise the competitiveness of Vietnamese transportation businesses to maintain the key role in the inbound and outbound passenger transportation market; to ensure the provision capacity of domestic and international cargo transportation service chains with reasonable prices and high quality; to step up investment to develop transportation services and transportation support services overseas.

IMPLEMENTATION SOLUTIONS AND POLICIES
Improving legal documents and institutions on transportation

– To improve legal documents on transportation activities for enhancing the state management role, clearly defining the state management role and transportation business activities of businesses; to improve and concretize regulations on multimodal transportation business and logistics services in conformity with international practices.
– To complete national-level master plans on multimodal passenger and cargo transportation and on each mode of transportation.
– To improve economic-technical norms on provision of transportation services and transportation support services; as well as processes, regulations and standards on assurance of traffic safety and quality of transportation services and transportation support services.

Restructuring and adjusting the order of priority in transport infrastructure investment

a/ Increasing and restructuring sources of capital invested in transport infrastructure
– To prioritize the mobilization of resources for transport infrastructure investment reaching 7-8% of GDP, of which socialized resources will account for 40-50%;
– To focus investment capital on works with spillover effects, ensuring connection of different transportation modes, large economic centers and important transport gateways and hubs;
– To step up investment restructuring, giving priority to investment in large-volume transportation modes such as national railways, urban railways and inland waterways in order to reduce pressure on road transportation;
– To prioritize state budget funds for investment in works for national defense and security and social security purposes and in works which are lowly effective but play the role of ensuring synchrony and connection within the transport infrastructure network; to mobilize to the utmost socialized resources for building works with high business efficiency.
Roads: By 2016, to basically complete the upgrading and expansion of national highway 1A and Ho Chi Minh road (the section running through the Central Highlands).
To concentrate investment on building first a number of expressway sections on the north-south route, radial and belt expressway routes in the Hanoi capital region and Ho Chi Minh City, and routes linking with Noi Bai and Tan Son Nhat international airports.
To expeditiously complete high-capacity roads linking the Cai Mep-Thi Vai port area, seaports in the Hai Phong area, and large inland ports in the Red river and Mekong delta regions; and roads linking ICDs with railway cargo stations, river ports and seaports.
By 2020, to develop roads belonging to two corridors and one belt for economic cooperation between Vietnam and China and the East-West corridor to Laos and Cambodia.
Seaways: To invest in building synchronous and modem seaports under the master plan on Vietnam’s seaport system, giving priority to international gateway ports in key economic regions.
By 2020, to complete the construction of, and put to first-phase operation, the Lach Huyen wharf zone of Hai Phong international gateway port; to organize the effective operation of Cai Mep-Thi Vai international gateway port.
Airways: To further invest in and upgrade infrastructure systems for flight management, runways, airfields and terminals in order to raise the operation efficiency of existing airports, giving priority to the expansion and upgrading of the international airports of Tan Son Nhat, Noi Bai, Cat Bi, Phu Bai, Da Nang and Cam Ranh; to early build Long Thanh international airport, the first phase. To quickly plan and upgrade Chu Lai airport into a cargo transshipment hub for Southeast Asia and the southern region of China.
Railways: To expeditiously build the Yen Vien-Pha Lai-Ha Long-Cai Lan railway route and put it into operation before 2015. To invest in railway sections linking the national railway with Dinh Vu and Cai Mep-Thi Vai ports, large ICDs on major transportation corridors, and large international border gates; and railway transportation safety assurance projects.
To upgrade and build railway routes on major transportation corridors, with priority given to upgrading and modernizing the north-south railway; to build and put to operation urban railways in Hanoi and Ho Chi Minh City; to study and propose an appropriate roadmap for building the north-south express railway.
To concentrate resources on investment in promptly building railway routes linking the national railway with Lach Huyen gateway port.
National inland waterways: To renovate and upgrade infrastructure facilities of national inland waterways in the Red river and Mekong delta regions; the north-south coastal route and transportation routes from the coast to islands; cross-border transportation routes linking with China and Cambodia; and estuaries for river-sea transportation.
b/ Concentrating investment on raising capacity and quality of infrastructure facilities for transportation support services
– To expeditiously implement master plans on ICD networks, giving priority to ICDs which can be linked directly with railways and already have been conveniently linked by road with major seaports and river ports; to complete the building of roadside service stations, firstly those along national highway 1 A, Ho Chi Minh road and key national highways to the northwestern region, the Central Highlands region and the southwestern region.
– To invest in and upgrade passenger railway stations and car stations of grade 2 or higher grade to completely separate the isolated areas for passengers on departure and arrival from the public areas, and separate the flow of passengers on departure and the flow of passengers on arrival; to link the vehicle tracking database with all vehicles registered to operate at stations; to develop software and invest in installing camera systems for vehicle tracking and security and order surveillance in lounges and at gates to passenger embarkation and disembarkation areas.
– To organize convenient transportation connection and arrange points for buses and taxis to embark and disembark passengers, and parking lots for personal cars of passengers within the public areas of railway stations and car stations; to ensure that transportation facilities and equipment are easily accessible to disabled and elderly people at railway passenger stations, passenger car stations, airports and inland waterway wharves; to upgrade wastewater and garbage collection and treatment systems under regulations on environmental protection.
– To expand goods warehouses and yards, container-freight stations (CFS), wastewater, garbage and noise treatment systems at railway cargo stations and major airports, seaports and river ports.

Formulating mechanisms to encourage investment in transportation service development

– To improve mechanisms to encourage investment in the development of transportation services, mass transit support services and mass cargo transportation on major transportation corridors, logistics systems, and multimodal transportation service distribution systems, especially investment in renewing means of transportation, business administration technologies, loading and unloading equipment, warehouses and yards, and stations, and in training human resources.
– To prioritize state budget funds for developing transportation services and mass transit support services in major urban centers; passenger and cargo transportation services on major transportation corridors, and routes to the northwestern region, the Central Highlands region, the southwestern region, and islands and archipelagoes in the East Sea.
– To adopt preferential mechanisms for businesses engaged in passenger transportation by bus and urban railway in urban areas and in passenger and cargo transportation by railway and inland waterway on major transportation corridors to build areas for vehicle parking, maintenance and repair workshops and transportation control stations; and for passenger and cargo transportation service providers in the provinces of the northwestern region, the Central Highlands region, the southwestern region, and on islands and archipelagoes in the East Sea.

Raising the effectiveness of state management of transportation business

– To intensify training and retraining to raise professional and managerial qualifications and improve foreign language and information technology skills for transportation managers.
– To promote the application of information technology in state management work for monitoring, supervising, making statistics of, and summarizing all information to support the process of decision making in the state management of each type of transportation.
– To encourage transportation businesses to apply new technologies to save energy and reduce environmental pollution in transportation business.
– To review and reorganize transport management and control.
– To assign and delegate more power to localities in performing the state management function, such as carrying out administrative procedures, conducting examination and supervision of, and handling violations in, transportation activities in localities, especially in road and inland waterway transportation services.
– To improve state management mechanisms for transportation business and provision of railway transportation support services through separating the state management function from the business administration function.
– To raise the role of transportation associations in managing the quality and traffic safety of transportation activities; to increase coordination between state management agencies and professional associations in the transportation field.

Developing human resources in transportation management and business

– To attach importance to building capacity of transportation training institutions, especially developing professional programs for cadres and civil servants in state management agencies; middle- and high-level managers and transportation controllers and managers in transportation businesses; and pilots, officers, crew members, transportation security forces, air traffic control technicians and maritime pilots.
– To enhance coordination among state management agencies, transportation businesses and training institutions belonging to the national education system outside the transport sector in renovating training curricula and methods, practice, apprenticeship, research and application of science and technology to serve the training of transportation-related occupations and professions.
– To adopt policies to attract highly qualified persons to work in state management agencies; and mechanisms to employ leading scientists and experts at home and abroad in research and formulation of transportation development policies.

Enhancing management of traffic safety assurance conditions in transportation business

– To improve regulations on business conditions and grant of business licenses to transportation businesses; to add transportation services to the group of conditional business lines; to supplement regulations on the responsibilities and powers of state management agencies in implementing the regulations on transportation business conditions.
– To improve regulations, processes and technical regulations and define responsibilities of state management agencies and transportation businesses in ensuring technical safety and environmental protection for commercial means of transport, and equipment and machinery for transportation support services.
– To improve regulations on practice conditions of operators of commercial means of transport, responsibilities of transportation businesses and state management agencies in enforcing the practice conditions of workers in road and inland waterway transportation.
– To study and add means of transport on which vehicle tracking devices need to be installed and maintained, especially in road and inland waterway transportation; to define responsibilities of state management agencies and transportation businesses in maintaining, managing and exploiting information from tracking devices to ensure traffic safety.
– To study and add regulations and responsibilities on assurance of conditions, working time and preferential treatment for workers of transportation businesses.
– To step up the institutionalization and organize the implementation of conditions on assurance of security and traffic safety in conventions, international agreements and international transportation agreements to which Vietnam is a contracting party.

Enhancing international cooperation in transportation management and business

– To proactively and actively participate in different activities contributing to the development of international transportation organizations of the United Nations such as the International Civil Aviation Organization (ICAO) and the International Maritime Organization (IMO).
– To improve and strictly implement transportation commitments to the World Trade Organization (WTO), ASEAN, APEC and other multilateral and bilateral trade agreements.
– To formulate and sign strategic partnership agreements on transport between Vietnam and other countries that have an important role and position in international transportation activities; to take the initiative in negotiating, signing and implementing bilateral and multilateral agreements to open markets and facilitate cross-border and international transportation.
– To adopt policies to encourage world large transportation firms to invest in the establishment of businesses, branches and international transshipment hubs in Vietnam; to adopt incentive mechanisms to encourage Vietnamese businesses to invest in providing transportation services and establishing overseas cargo distribution networks.
Article 2. Organization of implementation

The Ministry of Transport shall manage and direct the implementation of this Strategy; update information and supplement the Strategy during implementation to make it suitable to socio-economic and transport infrastructure development conditions of Vietnam; elaborate and approve or submit to competent authorities for approval transportation master plans and plans to comply with this Strategy; formulate, and organize the implementation of, transportation development programs, plans and projects.
The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, improving the legal framework on logistics services; and manage the manufacture, building and import of means of transport under regulations.
The Ministry of Planning and Investment and the Ministry of Finance shall allocate state budget funds for investment in transport infrastructure development; and study and promulgate incentive mechanisms and policies for transportation businesses.
The Ministry of Education and Training shall coordinate with the Ministry of Transport in renewing training curricula to meet human resource development needs of the transport sector.
The Ministry of Science and Technology shall coordinate with the Ministry of Transport in researching and experimenting new technologies, new materials and bio-fuel for use in the transportation field; and promulgate more standards on energy conservation for means of transport.
Provincial-level People’s Committees shall base themselves on this Strategy to formulate their local transportation development strategies and master plans and implementation plans.

Article 3. This Decision takes effect on the date of its signing.
Article 4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.-

PRIME MINISTER
Nguyen Tan Dung

(*) Công Báo Nos 339-340 (20/3/2014)

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