DECREE

ON PROVISION OF LOGISTICS SERVICES

Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Commerce dated June 14, 2005;
Pursuant to the Law on Investment dated November 26, 2014;
At the request of the Minister of Industry and Trade;
The Government hereby promulgates a Decree on provision of logistics services.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree deals with provision of logistics services and limitations on liability of logistics service providers.
Article 2. Regulated entities
This Decree applies to logistics service providers and relevant organizations and individuals.
Article 3. Classification of logistics services
Logistics services include:

1. Container handling services, except for services provided at airports.
2. Container warehousing services classified as auxiliary services for sea transport.
3. Warehousing services classified as all auxiliary services for multimodal transport.
4. Delivery services.
5. Freight transport agency services.
6. 6. Customs brokerage services (including customs clearance services).
7. Other services including bill of lading inspection, cargo brokerage services, cargo inspection, sampling and weighing services; goods receipt and acceptance services; and preparation of transport documents.
8. Wholesaling auxiliary services and retailing auxiliary services including management of goods in storage, and collection, collation and classification of goods and their delivery.
9. Cargo transport services classified as sea transport services.
10. Cargo transport services classified as inland waterway transport services.
11. Cargo transport services classified as rail transport services.
12. Cargo transport services classified as road transport services.
13. Air carriage services.
14. Multimodal transport services.
15. Technical inspection and analysis services.
16. Other auxiliary services for transport.
17. Other services under the agreement signed between the logistics service provider and customer according to basic rules of the Law on Commerce.

Chapter II
CONDITIONS FOR PROVISION OF LOGISTICS SERVICES AND LIMITATIONS ON LIABILITY OF LOGISTICS SERVICE PROVIDERS
Article 4. Conditions for provision of logistics services

1. Providers of any of the logistics services specified in Article 3 of this Decree must satisfy conditions for provision of such services as prescribed by law.
2. Regarding the provider that provides part or whole of logistic services on the Internet, cellular network or other open networks, in addition to satisfying the conditions that are applied to the services specified in Article 3 of this Decree, such provider must comply with regulations on e-commerce.
3. Conditions to be satisfied by a foreign investor in provision of logistics services:

In addition to complying with the conditions and regulations specified in Clauses 1 and 2 of this Article, a foreign investor in the country or territory that is a World Trade Organization member may provide logistics services under the following conditions:

1. a) For cargo transport services classified as sea transport services (except for inland transport):

– The foreign investor may establish companies operating ships flying Vietnamese flag or contribute capital, purchase shares or stakes in another enterprise, provided the holding of the foreign investor in such company does not exceed 49%. Total number of foreign seafarers working on the ship flying Vietnamese flag (or registered in Vietnam) under the ownership of these companies in Vietnam shall not exceed 1/3 of the ship’s personnel. Captain or first mate must be a Vietnamese citizen.
– The foreign sea transport company may establish an enterprise or contribute capital, purchase shares or stakes in another enterprise.

1. b) For container handling services classified as auxiliary services for sea transport (some areas may be used exclusively for provision of services or procedures for issuance of licenses may be completed in these areas), the foreign investor may establish an enterprise or contribute capital, purchase shares or stakes in another enterprise, provided the holding of the foreign investor in such company does not exceed 50%. The foreign investor may establish a commercial presence in Vietnam under a business cooperation agreement.
2. c) For container handling services classified as auxiliary services for multimodal transport, except for services provided at airports, the foreign investor may establish an enterprise or contribute capital or purchase shares or stakes in another enterprise, provided the holding of the foreign investor in such company does not exceed 50%.
3. d) For customs clearance services classified as auxiliary services for sea transport, the foreign investor may establish an enterprise or contribute capital or purchase shares or stakes in another enterprise which is invested in by a domestic investor. The foreign investor may establish a commercial presence in Vietnam under a business cooperation agreement.
4. dd) For other services including bill of lading inspection, cargo brokerage, cargo inspection, sampling and weighing services; goods receipt and acceptance services; and preparation of transport documents, the foreign investor may establish an enterprise or contribute capital or purchase shares or stakes in another enterprise which is invested in by a domestic investor.
5. e) For cargo transport services classified as inland waterway transport services or cargo transport services classified as rail transport services, the foreign investor may establish an enterprise or contribute capital or purchase shares or stakes in another enterprise, provided the holding of the foreign investor in such company does not exceed 49%.
6. g) For cargo transport services classified as road transport services, the foreign investor may provide such services under a business cooperation agreement or establish an enterprise or contribute capital or purchase shares or stakes in another enterprise, provided the holding of the foreign investor in such company does not exceed 51%. All drivers of the enterprise must be Vietnamese citizens.
7. h) For air carriage services provided in contravention of regulations of the law on aviation.
8. i) For technical inspection and analysis services:

– Regarding the services provided to exercise authority of the Government, they may be provided by an enterprise which is invested in by a domestic investor after three years or by an enterprise in which foreign investment is not limited after five years from the date on which the private service provider is allowed to provide such services.
– It is not allowed to provide vehicle inspection services and issue certificates to such vehicles.
– The provision of technical analysis and inspection is limited in the areas determined by the competent authority for national defense and security reasons.

4. In case the foreign investor is regulated by international treaties containing different regulations on conditions for provision of logistics services, the foreign investor may select to apply investment conditions specified in one of such treaties.

Article 5. Limitations on liability

1. Limitations on liability are maximum liability assumed by logistics service providers for granting compensation to customers for losses incurred during the provision of logistic services in accordance with regulations of this Decree.
2. In case limitations on liability of logistics service providers are specified by a relevant law, such relevant law shall be complied with.
3. In case limitations on liability of logistics service providers are not specified by any law, such limitations shall be agreed upon by the parties. In case no agreement is made:
4. a) In case customer fails to give a prior notice of the value of cargoes, the maximum liability shall be 500 million dong for each claim for compensation.
5. b) In case customer gave a prior notice of the value of cargoes and this was verified by the logistics service provider, the liability shall not exceed such value.
6. In case a logistics service provider performs multiple tasks on which different limitations on liability are imposed, the highest limitation shall apply.

Chapter III
IMPLEMENTATION CLAUSE
Article 6. Transition clause
The logistics service provider that has been registered or licensed to provide logistics services before the effective date of this Decree may continue to provide services in accordance with the registration or license.
Article 7. Effect

1. This Decree comes into force from February 20, 2018.
2. The Decree No. 140/2007/ND-CP dated September 05, 2007 elaborating the Law on Commerce on conditions for provision of logistics services and limitations on liability of logistics service providers is null and void from the effective date of this Decree.

Article 8. Implementation

1. The Ministry of Industry and Trade is responsible for organizing the implementation of this Decree.
2. Ministers, heads of Governmental agencies, heads of Governmental agencies, People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree.

 
 
 
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DECISION

ON CHARGES AND PRICE BRACKETS OF CERTAIN AIR SERVICES IN DOMESTIC AIRPORTS AND AERODROMES

MINISTER OF TRANSPORT

Pursuant to the Law on Vietnam civil aviation No. 66/2006/QH11 dated June 29, 2006 and the Law on Amendments to certain articles of the Law on Vietnam civil aviation No. 61/2014/QH13 dated November 21, 2014;
Pursuant to the Law on Prices No. 11/2012/QH13 dated June 20, 2012;
Pursuant to the Government’s Decree No. 177/2013/ND-CP dated November 14, 2013 specifying and providing guidelines for implementation of certain articles of the Law on Prices and the Government’s Decree No. 149/2016/ND-CP dated November 11, 2016 on amendments to certain articles of the Decree No. 177/2013/ND-CP;
Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 on functions, tasks, power and organizational structure of the Ministry of Transport;
Pursuant to the Circular No. 36/2015/TT-BGTVT dated July 24, 2015 by the Minister of Transport on management of domestic air transport service charges and air service charges and the Circular No. 07/2017/TT-BGTVT dated March 14, 2017 by the Minister of Transport on amendments to certain articles of the Circular No. 36/2015/TT-BGTVT;
At the request of the Director of the Department of Transport,
HEREBY DECIDES:
Article 1. Promulgation together with this Decision the schedules and price brackets of certain air services in domestic airports and aerodromes, including:

1. Air services that the State specifies charges:
2. a) Takeoff and landing service;
3. b) Air security service;
4. c) Passenger service.
5. Air services that the State specifies price brackets:
6. a) Ramp service;
7. b) Check-in counter services;
8. c) Baggage handling service;
9. d) Passenger stairs service;
10. dd) Lump-sum ground handling services at airports or aerodromes (for those that lump-sum payment is no longer applies to);
11. e) Automatic baggage classification service.

Article 2. Charges and price brackets stated herein excluding value-added tax.
Article 3.

1. This Decision comes into force from October 01, 2017.
2. Article 4 on the schedule of air navigation services and supporting services thereof attached to the Decision No. 4213/QD-BGTVT dated December 28, 2016 by the Minister of Transport on promulgation of the schedule of air navigation services and supporting services thereof.
3. Organizations, individuals and carriers that are eligible to enjoy price incentives shall be entitled to continue using such incentives until the duration of incentives expires.

Article 4. Chief of secretariat and chief of inspectorate of the Ministry of Transport, Director of the Department of Transport, Director of the Civil Aviation Authority of Vietnam, heads of authorities, organizations and individuals providing and using air services shall implement this Decision.
 

 
SCHEDULE AND PRICE BRACKETS
OF CERTAIN AIR SERVICES IN DOMESTIC AIRPORTS AND AERODROMES
(Attached to the Decision No. 2345/QD-BGTVT dated August 08, 2017 by the Minister of Transport)
Chapter I
GENERAL PROVISIONS
Article 1. Definitions
For the purposes of this Decision, the terms below shall be construed as follows:

1. “flight” means actions of an aircraft taking off from an airport and then landing at another airport thereafter;
2. “international flight” is a flight having a takeoff or landing point located outside the territory of Vietnam.
3. “domestic flight” is a flight having takeoff and landing points located within the territory of Vietnam.
4. “carrier” is a legal entity, organization or individual that uses their own aircraft or leases aircraft to carry cargo and/or passengers and operate general aviation.
5. “VIP flight” is a flight used, separately or in combination with commercial purposes, verified or noticed by competent authorities in accordance with the Government’s Decree No. 03/2009/ND-CP dated January 09, 2009 on ensuring VIP flights.
6. “special flight” is a flight operated by a military aircraft or dedicated aircraft of customs, police and civil aircraft to use for the State services.
7. “maximum takeoff weight (MTOW)” is the maximum takeoff weight specified in the Operation Specification of the aircraft.

The carrier operating arrival/departure flight to/from domestic airports or aerodromes shall provide legal documents certifying the MTOW of aircrafts for a service provider.

8. “goods (including containers) specified in an air waybill” are goods having the place of delivery of (original) goods located in Vietnam.
9. Unit of weight of goods (including packaging):
10. a) The minimum weight to calculate service charges for goods safety in airports or aerodromes: tonne.
11. b) The unit of the goods of a single air waybill (under 1 tonne) shall be calculated according to the actual weight of the package.
12. “designed capacity” is the number of passengers’ seats installed in the cabin in accordance with regulations of the aircraft’s manufacturer.
13. “base airport or aerodrome” is an airport or aerodrome that the Civil Aviation Authority of Vietnam appoints to carriers operating in Vietnam, including overnight parking of aircrafts.

Article 2. Classification of aviation groups

1. The Ministry of Transport shall divide airports in Vietnam into 3 following groups:
2. a) Group A airports that are round-the-clock airports, including: Noi Bai, Da Nang, Tan Son Nhat, Cam Ranh, Cat Bi, Can Tho, Phu Quoc, Lien Khuong, Phu Bai and Buon Ma Thuot airports;
3. b) Group B airports that are airports not included in group A and group C airports;
4. c) Group C airports that are socio-economic airports, including: Con Dao, Dien Bien, Ca Mau and Rach Gia airports.
5. Depending on actual situations, the Civil Aviation Authority of Vietnam shall request the Ministry of Transport to amend the list of airport groups suitable for standards of service provision capacity, takeoff and landing output and passengers passing through airports.

Article 3. Time frames

1. Rules for determining time frames:
2. a) Peak time shall be time frames having actual flights accounting for at least 90% over the operation limit of an airport.
3. b) Off-peak time shall be time frames having actual flights accounting for 0-30% over the operation limit of an airport.
4. c) Normal time shall be the operating time excluding peak time and off-peak time.
5. For specific time frames, the Civil Aviation Authority of Vietnam shall issue and actively update and publish the revision of peak time or off-peak time in airports in compliance with each operating season.

Article 4. Charge collection

1. Currency for payment
2. a) Charges for services provided for international flights: US dollar (USD). The issuance and payment of service charges shall be made in conformity with regulations of law on foreign exchange.
3. b) Charges for services provided for domestic flights: Vietnam dong (VND).
4. Carriers whose aircrafts are operated to/from domestic airports shall make their payment for relevant service providers before the departure of such aircrafts or in accordance with their agreements concluded with relevant providers.

Article 5. Charge exemption

1. Takeoff and landing service charges shall be exempted for the following flights:
2. a) VIP flights (excluding VIP flights in combination with commercial purposes);
3. b) Special flights;
4. c) Flights performing search and rescue tasks, transporting humanitarian aids, natural disasters relief and performing other humanitarian tasks;
5. d) Flights having to return to land at the departure airport within 30 minutes after takeoff due to any reasons.
6. Air security service charges shall be exempted for:
7. a) Goods consigned by foreign affairs or goods used for humanitarian aids;
8. b) Goods or spare parts delivered to be repaired and materials or products of airlines serving flights (excluding duty-free products selling in cabins);
9. c) Passengers of the flights eligible for charge exemption mentioned in Clause 1 this Article;
10. d) Transit passengers within 24 hours (excluding transit passengers to transfer from the domestic flight to the international one and vice versa): Only applying to the flight arrives in and the flight departs from Vietnam that are displayed on the same ticket of passenger and baggage;
11. dd) Cabin crew (including change of aerodrome);
12. e) Children under the age of 2: calculated at the time of the first departure.
13. Passenger service charges shall be exempted for:
14. a) Passengers of the flights eligible for charge exemption mentioned in Clause 1 this Article;
15. b) Transit passengers within 24 hours (excluding transit passengers to transfer from the domestic flight to the international one and vice versa): Only applying to the flight arrives in and the flight departs from Vietnam that are displayed on the same ticket of passenger and baggage;
16. c) Cabin crew (including change of aerodrome);
17. d) Children under the age of 2: calculated at the time of the first departure.

Article 6. Charge adjustment
Service providers shall actively implement policies on charge adjustment for carriers having the total payment for service charges specified in monthly invoices of aircraft takeoff/landing service or air navigation service as follows:

1. Charges for services provided for international flights:

2. Charges for services provided for domestic flights:

3. The payment for service charges shall be calculated separately for invoices of services provided for international flights and those for domestic flights. Deadline: 1 month.

Article 7. Methods of collecting air security service charges for passengers and baggage and passenger service charges at airports

1. The air security service charges for passengers and baggage (mentioned in Clause 1 Article 9 herein) and the passenger service charges at airports or aerodromes (mentioned in Article 10 herein) shall be collected by carriers operating departure/arrival flights from/to Vietnam. Passengers shall make payment for air security service charges for passengers and baggage, passenger service charges and air transport service charges.
2. Carriers shall make payment for air security service charges for passengers and baggage and passenger service charges to providers of monthly passenger service and air security service (money transfer cost shall be covered by the transferor).
3. Payment basis: The provider of passenger service or air security service shall make a “charge collection notice” on the basis of passenger manifests of flights. The amount specified in the “charge collection notice” shall be determined as follows:

Where:
– The amount collected from adult passengers shall be determined as follows:

– The amount collected from child passengers shall be determined as follows:

4. The collection commission shall be determined according to the rate of 1.5% (VAT inclusive) the monthly payment made by an airline for each payment period for passenger service charges and air security service charges for passengers and baggage.

Formula:

5. The confirmed surplus amount (-) deficit amount (+): The airline shall be entitled to request the confirmation of such amount if any error is found in the “charge collection notice”. The re-confirmation and repayment of the different amount (if any) shall be made immediately in the period subsequent the disputed payment period.
6. Documents proving the people eligible for remission of charges: The passenger manifest and electronic forms related to aviation.
7. Payment between the service provider and the airline shall be made in accordance with the agreement concluded by and between both parties specifying the date and method of payment and deadline for the fine of late payment. The fine of late payment shall be 0.5% of the payment amount per week.
8. For passengers travelling by a domestic flight transferred to an international flight:
9. a) Domestic schedule: Collecting domestic air security service charges for passengers and baggage and passenger service charges regulated by the airport where the flight departs;
10. b) International schedule: Collecting international air security service charges and passenger service charges regulated by the airport where the flight transfers.
11. For passengers travelling by an international flight transferred to a domestic flight: Collecting domestic air security service charges for passengers and baggage and passenger service charges regulated by the airport where the flight transfers.

Chapter II
SPECIFIC PROVISIONS
Section 1. AIR SERVICE CHARGES REGULATED BY THE STATE
Article 8. Takeoff and landing service charges

1. Applied to: Carriers whose aircrafts land in domestic airports or aerodromes.
2. Charges for international flights in group A and group B airports:

3. Charges for domestic flights in group A and group B airports shall be based on the landing time of each flight in accordance with flight schedules licensed by the Civil Aviation Authority of Vietnam.
4. a) Charges applying to the normal time:

– Charges applying from October 01, 2017 to June 30, 2018 inclusive:

– Charges applying from July 01, 2018:

1. b) Charges applying to the peak time shall be collected equivalent to 115% of the charges mentioned in Point a Clause 3 this Article.
2. c) Charges applying to the off-peak time shall be collected equivalent to 85% of the charges mentioned in Point a Clause 3 this Article.
3. Charges applying to the flight landing at group C airport shall be collected by 60% of the charges applying to the normal time suitable for the MTOW corresponding to the flight landing at group A and group B airports.
4. Charges applying to certain special cases:
5. a) Collecting 50% of the charges mentioned in Clause 2, Clause 3 and Clause 4 this Article in accordance with the MTOW corresponding to:

– Rotorcrafts and other flying objects that are not aircrafts (self-visual flying during flying process);
– Aircrafts landing at domestic airports/aerodromes (not intended landing airports) due to force majeure events (e.g., weather, technical issues, passenger first-aid, terrorism, crime, etc.);
– Aircrafts landing technically and not taking passengers from landing airports;
– Aircrafts flying to check technical issues, to change airports and for training (not in combination with commercial operation).

1. b) Collecting 30% of the charges mentioned in Clause 2, Clause 3 and Clause 4 this Article for the aircraft after landing for at least 30 minutes that have to return to the departure airport not due to mistakes caused by the operator of the airport/aerodrome.

In the cases where the mistakes caused by the airport/aerodrome’s operator, the Airports Corporation of Vietnam shall negotiate with authorities to pay or offset appropriately the actual costs arising caused by the return of the aircraft to the departure airport.
Article 9. Air security service charges

1. Air security service charges for passengers and baggage

1.1. Applied to: Air passengers following procedures at terminals of domestic airports or aerodromes.
1.2. Service charges:
– For international passengers and baggage: USD 2/passenger;
– For domestic passengers and baggage:
From October 01, 2017 to December 31, 2017 inclusive: VND 11,818/passenger.
From January 01, 2018 to March 31, 2018 inclusive: VND 13,636/passenger.
From April 01, 2018: VND 18,181/passenger.
1.3. Special case: Charges for children from the age of 2 to under the age of 12 (calculated at the time of the first departure) shall be collected equivalent to (=) 50% of the charges mentioned in Point 1.2 above.
1.4. Air security services for passengers and baggage include:
– Security screening for passengers and baggage;
– Aircraft security;
– Security for passengers of delayed flights;
– Management and supervision of passengers ineligible to immigrate and staying within 24 hours;
– Identification of passengers and baggage before boarding the aircraft;
– Watchstanding and ensuring security in the airport area.

2. Air security service charges for passengers ineligible to immigrate and staying for at least 24 hours:

2.1. Applied to: Carriers having passengers ineligible to immigrate and staying for at least 24 hours.
2.2. Service charges:
– Hourly charge: USD 9/passenger/hour;
– Daily charge: USD 90/passenger/hour.
2.3. How to calculate charges:

1. a) The above-mentioned charges shall apply to only one security guard having combat gear.
2. b) The time for using services shall be determined from the day on which the parties transfer and conclude a transfer record to the day on which the passenger is rejected to immigrate and concludes the transfer record.
3. c) The minimum time limit for using the service once shall be an hour; under 60 minutes shall be deemed to be an hour. Over 10 hours shall be calculated as daily charges.
4. Air security service charges for packages:

3.1. Applied to: Carriers using air security services for packages.
3.2. Service charges:

Air security service charges for packages include:
– Checking, screening, detection and supervision of packages;
– Security supervision and detection to protect the aircraft;
– Identification of packages before boarding the aircraft.

4. Air security charges for packages after screening from the warehouse to the restricted area at the airport:

4.1. Applied to: Organizations and individuals using air security services for packages from the screening area at the warehouse to the apron of the airport.
4.2. Charge: VND 120,000/tonne.

5. Air security service charges for vehicles transporting packages and equipment serving restricted areas of the airport/aerodrome:

5.1. Applied to: Organizations and individuals using vehicles transporting packages or equipment serving isolated areas.
5.2. Service charge: VND 30,000/turn.
5.3. Service contents: Checking vehicles and security seals of servings, petrol and oil and goods serving air operation before moving to the maneuvering area.
Article 10. Passenger service charges at airports

1. Applied to: Air passengers following procedures at terminals of domestic airports or aerodromes.
2. Service charges:
3. a) For passengers travelling by an international flight:

Unit: USD/passenger

1. b) For passengers travelling by a domestic flight:

– Charges applying from October 01, 2017 to December 31, 2017 inclusive:
Unit: VND/passenger

– Charges applying from January 01, 2018 to March 31, 2018 inclusive:
Unit: VND/passenger

– Charges applying from April 01, 2018 to June 30, 2018 inclusive:
Unit: VND/passenger

– Charges applying from July 01, 2018:
Unit: VND/passenger

3. Special case: Charges for children from the age of 2 to under the age of 12 (calculated at the time of the first departure) shall be collected equivalent to (=) 50% of the charges.

Section 2. AIR PRICE BRACKETS REGULATED BY THE STATE
Article 11. General regulations
Pursuant to applicable regulations on management of air service charges and price brackets stated below, service providers at airports shall regulate specific charges suitable for the quality of services, requirements for application and market situations; shall declare, list and publish prices in accordance with regulations of law on management of prices.
Article 12. Parking charges

1. Applied to: Carriers using such services at domestic airports/aerodromes.
2. Service price brackets:
3. a) Charges for international flights at group A and group B airports:

Unit: USD/MTOW tonne

1. b) Charges for domestic flights at group A and group B airports:

Unit: VND/MTOW tonne

1. c) If the aircraft parks to serve both the international flight and the domestic flight, the apron rent per flight shall be determined by the average rent applying to the international flight and the domestic flight;
2. d) The price bracket applying to the flight at group C airport shall be collected by 70% of the charges applying to group A and group B airports.
3. The price bracket applying to the flights operated by the carrier choosing the domestic airport/aerodrome to be the base airport/aerodrome:

– From October 01, 2017 to June 30, 2018 inclusive: 30% of the charges applying to the domestic flight mentioned in Points b and d Clause 2 this Article.
– From July 01, 2018: 50% of the charges applying to the domestic flight mentioned in Points b and d Clause 2 this Article.

4. If the aircraft has to park at an airport/aerodrome that is not a base one of the carrier due to a force majeure event: 50% of the charges applying to the corresponding aircraft.
5. The parking duration shall be from the time when the aircraft wheel chocks are closed to the time when they are withdrawn from the aircraft wheels.

The parking duration shall be calculated as 1 day if the aircraft parks from over 18 hours to 24 hours. If the aircraft parks for over 24 hours and takes off within 24 hours later, the parking duration shall be added as 1 more day. Such calculation shall also apply to the parking duration for the next period of 24 hours.
Article 13. Passenger stairs service charges

1. Applied to: Carriers using such services at domestic airports/aerodromes.
2. Service price brackets:
3. a) Price bracket applying to the international flight:

Unit: USD/time

1. b) Price bracket applying to the domestic flight:

Unit: VND/time

1. c) For the combined domestic and international flight: 65% of the charges applying to the international flight.

Article 14. Check-in counter service charges

1. Applied to: Carriers and ground handling service providers using such services at domestic airports/aerodromes.
2. Check-in counter service charges shall be calculated monthly or per flight depending on the passenger’s options.
3. a) For international flights at group A and group B airports:

1. b) For domestic flights at group A and group B airports:

1. c) The price bracket applying to the domestic flight at group C airport shall be collected by 70% of the charges applying to group A and group B airports.
2. d) The price brackets applying other counters including the boarding counter, service desk and transit counter shall be collected by 20% of the charges corresponding to the check-in counter applying to group A and group B airports.
3. Counter services include:
4. a) Appropriate premises to allocate the counter;
5. b) Counter;
6. c) Computers and relevant equipment (excluding dedicated computer software);
7. d) Counter electronic screen;
8. dd) Baggage carousel at the counter;
9. e) Electricity and water;
10. g) Relevant costs of repair and management.
11. Time for using the counter and number of counter for each flight shall be agreed upon by and between the airport/aerodrome and the customer on the basis of frequency and capacity of providing counters of each airport/aerodrome and the carrier’s regulations on the time for following aviation procedures.
12. Where the check-in counter is used for both the international flight and the domestic flight, the monthly counter rent shall be the average monthly rent applying to the international flight and the domestic flight.

Article 15. Baggage carousel service charges

1. Applied to: Organizations and individuals using baggage carousels at airports/aerodromes without automatic baggage handling service.
2. Service price brackets:
3. a) For international flights:

Unit: USD/time

1. b) For domestic flights:

Unit: VND/time

Article 16. Price brackets of automatic baggage handling service (automatic baggage classification service)

1. Applied to: Organizations and individuals using automatic baggage classification carousels at domestic airports/aerodromes.
2. Service price brackets:
3. a) Charges for international flights in group A and group B airports:

Unit: USD/flight

1. b) Charges for domestic flights in group A and group B airports:

Unit: VND/flight

1. c) The price bracket applying to the domestic flight at group C airport shall be collected by 70% of the charges applying to group A and group B airports.

Article 17. Price brackets of lump-sum ground handling services at group C airports

1. Applied to: Domestic carriers using such services at domestic airports/aerodromes.
2. Service price brackets:

Unit: VND/flight

3. Requirements: The above-mentioned charges include the following services:
4. a) Takeoff/landing service charges (accounting for 20% of the lump-sum ground handling service charges); aircraft marshalling charges (if any);
5. b) Technical ground service on the basis of satisfying the minimum requirements of the flight and actual capacity of each airport;
6. c) Using vehicles of the terminal directly serving the flight and the carrier’s representative office rent (excluding car parking lot);
7. d) Free of charge apron for the first time of parking.

 
 
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DECISION

APPROVAL FOR THE ACTION PLAN FOR IMPROVEMENT OF COMPETITIVENESS AND DEVELOPMENT OF VIETNAM’S LOGISTICS SERVICES BY 2025

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Commerce dated June 14, 2005;
Pursuant to Decision No. 2471/QD-TTg dated December 28, 2011 by the Prime Minister giving approval for the Strategy for goods import and export during the 2011 – 2020 period with a vision up to 2030;
Pursuant to Decision No. 175/QD-TTg dated  January 27, 2011 by the Prime Minister giving approval for the Overall Strategy on development of service sector of Vietnam up to 2020;
At the request of Minister of Industry and Trade,
DECIDES:
Article 1. The action plan for improvement of competitiveness and development of Vietnam’s logistics services by 2025 (hereinafter referred to as the Action Plan) is approved herein with the following main contents:

1. VIEWPOINT
2. Logistics is an important service sector in the overall structure of the national economy, plays the role in support, connection and improvement of the social – economic development of the whole country as well as that in each locality, and takes part in the improvement of the economic competitiveness.
3. Develop the logistics service sector into a high value-added service sector and associate it with the national development of goods production, import, export and commercial activities, and the development of information technology and transport infrastructure.
4. Develop the logistics service market in a healthy way to create fair chance to enterprises in all economic sectors and encourage both domestic and foreign investments in conformity with the law of Vietnam and international treaties to which Vietnam is a signatory.
5. Make the best use of the strategic geographic position and improve connections to develop Vietnam into an important regional logistics hub.
6. Attach a special importance to the increase of the competitiveness of logistics service providers. Logistics service providers shall be developed in all terms of quantity, scale and qualification of personnel with the aim of holding a high level of competitiveness in both domestic and foreign markets.
7. The Government shall take the role in support and creation of convenient environment for improving the competitiveness and development of Vietnam’s logistics service sector.
8. OBJECTIVES
9. By 2025, the proportion of the logistics sector in GDP will reach 8-10%, the service growth will reach 15-20%, the proportion of outsourcing logistics services will  reach 50-60% , logistics costs will reduce equivalently to 16-20% of GDP, ranking 50 or above across the world according to the Logistics performance index (LPI).
10. The country will focus on attracting investment in logistics infrastructure development, constructing regional and international logistics service centers, improving the efficiency of the connection between Vietnam and other countries. Vietnam shall become a regional logistics hub.
11. Leading logistics service enterprises which are competitive enough in the domestic and international market will be formed, and existing logistics service enterprises will be supported to become modern and professional motto.
12. Production and trading enterprises will efficiently manage the supply chain, save materials and reduce production costs and time of goods movement.
13. Advanced technologies will be applied to logistics sector and professional personnel will be trained with high qualifications in logistics with the aim of facilitating the commercial development and restructuring production and trading enterprises.
14. The Government’s management mechanism, including policies on support and development of logistics services, sector regulatory laws and management structures, will be revised in conformity with the development of Vietnam’s logistics sector in the process of international economic integration.

III. MAIN GROUPS OF TASKS IN THE ACTION PLAN

1. Improving policies and laws on logistics services.
2. Completing the logistics infrastructure.
3. Strengthening business capacity and service quality.
4. Developing the market of logistics services.
5. Training, raising awareness and quality of human resources.
6. Other tasks.

Tasks of the action plan for improvement of competitiveness and development of Vietnam’s logistics sector by 2025 are prescribed in the Appendix enclosed herewith.

1. FUNDING OF THE ACTION PLAN
2. 1. Sources of funding for implementing the Action Plan include funds from state budget, enterprise’s capital, loans provided by credit institutions, international grants and other legal sources of funding as regulated by laws.
3. The state budget funds shall be allocated according to the current division of state budget levels. To be specific:
4. a) Funds for projects/ tasks covered by Ministries, Ministerial-level agencies or Affiliates of the Government shall be derived from the Central-government state budget and included in the annual estimate of expenditures covered by state funding of each agency.
5. b) Funds for projects/ tasks covered by the People’s Committees of provinces or central-affiliated cities shall be derived from the provincial-government state budget and included in the annual state budget of each provincial government.
6. IMPLEMENTATION ORGANIZATION
7. Ministry of Industry and Trade:
8. a) Take charge and coordinate with Ministries/ regulatory bodies and local governments in implementing this Action Plan; propose policies for encouraging social involvements in performing tasks in the Action Plan.
9. b) Expedite and supervise the implementation of the Action Plan.
10. c) Consolidate and evaluate annual results of the Action Plan, and make modification to the Action Plan, where necessary; submit reports to the Prime Minister.
11. Ministries/ regulatory bodies shall, based on this Action Plan, formulate, appraise, give approval and allocate state budget, and mobilize other legitimate sources of funding in accordance with management levels and prevailing laws to perform tasks mentioned in Section III and the Appendix enclosed herewith.
12. Each People’s Committee of province/ central-affiliated city shall, based on the actual development of logistics sector in such province, formulate the Plan for development of logistics services in such province, consider approval and allocate state budget to implement such plan in accordance with current regulations.

Article 2. Implementation

1. This Decision shall take effect as from the date on which it is signed.
2. Ministers, Heads of Ministerial-level agencies, Heads of the Government’s affiliates, Chairpersons of the People’s Committees of provinces/ central-affiliated cities, logistics services associations and/or enterprises, and relevant entities shall implement this Decision./.

 
SPECIFIC TASKS FOR IMPROVING THE COMPETITIVENESS AND DEVELOPING VIETNAM’S LOGISTICS SECTOR BY 2025
(Enclosed to Decision No. 200/QD-TTg dated February 14, 2017 by the Prime Minister giving approval for the action plan for improvement of competitiveness and development of Vietnam’s logistics services by 2025)

(*) Note: The agency whose name appears first shall be in charge of the task, the others are cooperating agencies.
 
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CIRCULAR

ON THE PROCEDURE FOR LICENSING FOREIGN SEA-GOING VESSELS TO PROVIDE DOMESTIC MARINE TRANSPORT SERVICE

Pursuant to the 2015’s Vietnam Maritime Code;
Pursuant to the Government’s Decree No. 107/2012/ND-CP dated December 20, 2012 on the functions, missions, authority and organizational structure of the Ministry of Transport;
At the request of the Head of Department of Transport and the Head of Vietnam Maritime Administration,
Minister of Transport promulgates the Circular on the procedure for licensing foreign sea-going vessels to provide domestic marine transport service.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular defines the procedure for granting a license of domestic marine transport.
Article 2. Regulated entities
This Circular applies to Vietnamese and foreign organizations and individuals in connection with the foreign sea-going vessels that provide domestic marine transport service.
Article 3. Terminology

1. Foreign sea-going vessel means a registered maritime ship that sails under the flag of a foreign nation.
2. Domestic maritime transport refers the transference of cargo, passengers and luggage by sea from a site of embarkation to a site of disembarkation in the territorial waters of Vietnam.

Article 4. Authority to grant a license of domestic maritime transport

1. Minister of Transport shall grant licenses of domestic maritime transport in the following events:
2. a) Transportation of oversize loads or other types of cargo on specialized sea-going vessels; clearance of cargo, passengers and luggage in congestion at a port due to Vietnamese sea-going vessels’ incapacity to provide transport;
3. b) Prevention of and recovery from natural disasters and epidemic, or humanitarian emergency aid.
4. Directors of the port authorities shall license a foreign sea-going vessel, which is a cruise ship, to transport its passengers and luggage ashore domestically at sea or vice versa via its conveyances.

Article 5. Term of a license of domestic maritime transport

1. A license of domestic maritime transport shall be valid for 01 (one) year in the following circumstances:
2. a) The licensed sea-going vessel is of use to 01 (one) product manufacturer;
3. b) The licensed vessel is not present in any Vietnamese fleets.
4. A license of domestic maritime transport granted to a sea-going vessel beyond those defined in Section 1 of this Article shall be valid 06 (six) months.
5. The term of a license of domestic maritime transport for a foreign sea-going vessel can be set as requested by the applicant; however, its term shall not exceed 01 (one) year in the circumstances defined in Section 1 of this Article or six (06) months pursuant to Section 2 of this Article.
6. A license of domestic maritime transport for a sea-going vessel that carries passengers and luggage ashore from a cruise ship and vice versa shall be valid per trip.

Chapter II
PROCEDURE FOR GRANTING AND REVOKING THE LICENSE OF DOMESTIC MARITIME TRANSPORT FOR FOREIGN SEA-GOING VESSELS
Part 1. TRANSPORT OF OVERSIZE LOADS OR OTHER TYPES OF CARGO ON SPECIALIZED SEA-GOING VESSELS; CLEARANCE OF CARGO, PASSENGERS AND LUGGAGE IN CONGESTION AT A PORT
Article 6. Application for a license of domestic maritime transport
An application for a license of domestic maritime transport includes:

1. The application form as defined in Appendix I to this Circular.
2. One (01) copy of the certificate of sea-going vessel registration.
3. One (01) set of sea-going vessel inspection documents, including the copies of the certificates of technical safety and environment protection for sea-going vessel as prescribed in the Circular No. 41/2016/TT-BGTVT dated December 16, 2016 by the Minister of Transport on the certificates and papers for sea-going vessels, sea-going vessels on official duty, submarines, submersibles, floating terminals and mobile platforms in Vietnam.
4. One (01) notarized copy of the agency contract or one (01) certified copy of the written designation of the agency that represents the owner of the foreign vessel (if the applicant is the agency representing the owner of the foreign vessel) or one (01) notarized copy of the vessel lease contract between the owner of the foreign vessel and the Vietnamese legal entity.

Article 7. Procedure for intake and processing of an application and for granting of a license of domestic maritime transport

1. The owner of the foreign vessel or the agency representing such owner or the Vietnamese legal entity renting the foreign vessel from the owner shall submit 01 (one) application defined in Article 6 of this Circular to Vietnam Maritime Administration by hand, by post or by another appropriate method.
2. Vietnam Maritime Administration shall take in and examine the application. The functionary taking in an application lodged by hand shall examine the documents and notify the applicant of the amendments (if required). Vietnam Maritime Administration shall send a notification regarding the amendments to an incomplete application sent by post in 02 (two) working days upon its receipt of such application.
3. In 07 (seven) working days upon receiving a complete application, Vietnam Maritime Administration shall verify the documents, post information on the website of Vietnam Maritime Administration for public opinions and make a verification report to the Ministry of Transport for finalization.
4. In 03 (three) working days upon receiving the verification report from Vietnam Maritime Administration, the Ministry of Transport shall consider and approve the granting of the license of domestic maritime transport, whose format is defined in Appendix II to this Circular. If rejecting the application, Ministry of Transport shall revert in writing and specify reasons.
5. Ministry of Transport shall notify the result to the vessel owner or its agency by post or by an appropriate method. In addition, the copies of the notification shall be sent to the Ministry of Public Security, Ministry of National Defense, Ministry of Finance and Vietnam Maritime Administration for cooperation in management and supervision.

Part 2. PREVENTION OF AND RECOVERY FROM NATURAL DISASTERS AND EPIDEMIC, OR HUMANITARIAN EMERGENCY AID
Article 8. Application for a license of domestic maritime transport
An application for a license of domestic maritime transport includes:

1. The official written request from a competent government authority for the foreign vessel’s provision of domestic maritime transport.
2. One (01) copy of the certificate of sea-going vessel registration.
3. One (01) set of sea-going vessel inspection documents, including the copies of the certificates of technical safety and environment protection for sea-going vessel as prescribed in the Circular No. 41/2016/TT-BGTVT dated December 16, 2016 by the Minister of Transport on the certificates and papers for sea-going vessels, sea-going vessels on official duty, submarines, submersibles, floating terminals and mobile platforms in Vietnam.

Article 9. Procedure for intake and processing of an application and for granting of a license of domestic maritime transport

1. The owner of the foreign vessel or the agency representing such owner shall submit 01 (one) application defined in Article 8 of this Circular to Vietnam Maritime Administration by hand, by post or by another appropriate method.
2. Vietnam Maritime Administration shall take in and examine the application. The functionary taking in an application lodged by hand shall examine the documents and notify the applicant of the amendments (if required). Vietnam Maritime Administration shall send a notification regarding the amendments to an incomplete application sent by post in 01 (one) working day upon its receipt of such application.
3. In 02 (two) working days upon receiving the complete application, Vietnam Maritime Administration shall verify the documents and make a verification report to the Ministry of Transport for final decision.
4. In 01 (one) working day upon receiving the verification report from Vietnam Maritime Administration, the Ministry of Transport shall consider and approve the granting of the license of domestic maritime transport, whose format is defined in Appendix II to this Circular. If rejecting the application, Ministry of Transport shall revert in writing and specify reasons.
5. Ministry of Transport shall notify the result to the vessel owner or its agency by post or by an appropriate method. In addition, the copies of the notification shall be sent to the Ministry of Public Security, Ministry of National Defense, Ministry of Finance and Vietnam Maritime Administration for cooperation in management and supervision.

Part 3. TRANSPORT OF PASSENGERS AND LUGGAGE FROM CRUISE SHIP TO LAND
Article 10. Application for a license of domestic maritime transport
An application for a license of domestic maritime transport includes:

1. The application form as defined in Appendix I to this Circular.
2. One (01) copy of the certificate of sea-going vessel registration.

3.1. One (1) set of sea-going vessel inspection documents, including the copies of the certificates of technical safety and environment protection for sea-going vessel as prescribed in the Circular No. 41/2016/TT-BGTVT dated December 16, 2016 by the Minister of Transport on the certificates and papers for sea-going vessels, sea-going vessels on official duty, submarines, submersibles, floating terminals and mobile platforms in Vietnam.

4. One (01) notarized copy of the agency contract or one (01) certified copy of the written designation of the agency that represents the owner of the foreign vessel (if the applicant is the agency representing the owner of the foreign vessel).
5. The detailed plan for transporting passengers and luggage from the cruise ship to land and vice versa.

Article 11. Procedure for intake and processing of an application and for granting of a license of domestic maritime transport

1. The owner of the foreign vessel or the agency representing such owner shall submit 01 (one) application defined in Article 10 of this Circular to the port authority in charge of the area where the cruise ship anchors by hand, by post or by another appropriate method.
2. The port authority shall take in and examine the application. The functionary taking in an application lodged by hand shall examine the documents and notify the applicant of the amendments (if required). The port authority shall send a notification regarding the amendments to an incomplete application sent by post in 01 (one) working day upon its receipt of such application.
3. In 01 (one) working day upon receiving the complete application, the port authority shall verify documents and grant the license of domestic maritime transport as defined in Appendix III to this Circular. If rejecting the application, the port authority shall revert in writing and specify reasons.
4. The port authority shall send the result notification to the vessel owner or its agency by hand, by post or by another appropriate method. In addition, a copy of the notification shall be sent to Vietnam Maritime Administration for purpose of reporting.

Part 4. REVOCATION OF A LICENSE OF DOMESTIC MARITIME TRANSPORT
Article 12. Circumstances in which a license of domestic maritime transport is revoked
The revocation of a license of domestic maritime transport occurs in the following circumstances:

1. The sea-going vessel no longer qualifies for transporting cargo, passengers and luggage as per the laws.
2. The cargo, passengers and luggage transported are contrary to those defined in the license of domestic maritime transport.
3. The information on the vessel, transport route, cargo, passengers and luggage is forged, is altered or is made deliberately misleading.

Article 13. The entities revoking the licenses of domestic maritime transport

1. Minister of Transport shall revoke the licenses of domestic maritime transport as prescribed in Section 1, Article 4 of this Circular.
2. Directors of the port authorities shall revoke the licenses of domestic maritime transport as prescribed in Section 2, Article 4 of this Circular.

Chapter III
IMPLEMENTATION
Article 14. Responsibilities of relevant bodies and individuals

1. The organizations and individuals who have foreign sea-going vessels providing domestic maritime transport service shall be responsible for:
2. a) Providing domestic maritime transport service according to the license of domestic maritime transport;
3. b) Storing the license of domestic maritime transport on the sea-going vessel to present it to a port authority and relevant bodies at a port during the formalities or upon the vessel’s departure from the port;
4. c) Abiding by the prohibition against fraudulent alteration of the content of the license of domestic maritime transport;
5. d) Abiding by the prohibition against the use of a false license of domestic maritime transport;
6. dd) Abiding by the prohibition against other fraudulent acts to obtain a license of domestic maritime transport.
7. Vietnam Maritime Administration shall be responsible for:
8. a) Taking in and processing applications pursuant to this Circular and assume liability for relevant information when verifying applications;
9. b) Inspecting and verifying information to grant licenses of domestic maritime transport as per regulations;
10. c) Instructing the port authorities to inspect, supervise and detect the violations regarding foreign sea-going vessels providing domestic maritime transport service in timely manner;
11. d) Making and posting the list of foreign vessels providing domestic transport service on the website of Vietnam Maritime Administration on monthly basis;
12. dd) Acting as the lead contact for reports on foreign vessels providing domestic transport service. Handling the violations of this Circular and the legislation of Vietnam intra vires or report them to competent authorities;
13. e) Aggregating statistical data on cargo, passengers and luggage transported by sea and on the licensing of foreign sea-going vessels to provide domestic transport service; making reports to the Ministry of Transport before the 25^th of December each year.
14. Port authorities shall be responsible for:
15. a) Granting licenses of domestic maritime transport to foreign sea-going vessels that carry passengers and luggage ashore from a cruise ship and vice versa via the ship’s intermediary vehicles;
16. b) Inspecting, supervising and detecting the violations regarding foreign vessels’ activities of domestic maritime transport in timely manner.

Article 15. Effect

1. This Circular comes into force as of July 01, 2017 and replaces the Circular No. 04/2012/TT-BGTVT dated February 29, 2012 by the Minister of Transport on the procedure for licensing foreign sea-going vessels to provide domestic transport service.
2. If the documents mentioned in this Circular are amended, such amendments shall take effect.

Article 16. Implementation

1. Vietnam Maritime Administration and port authorities shall be responsible for implementing this Circular.
2. Chief of Office of the Ministry, Chief inspector of the Ministry, heads of the departments, Head of Vietnam Maritime Administration, heads of the bodies, organizations and individuals concerned shall be responsible for implementing this Circular./.

 
 
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DECREE

ON CONDITIONS FOR SEA TRANSPORTATION BUSINESS, SHIPPING AGENCY SERVICES, AND TOWAGE SERVICES

Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Maritime Code of Vietnam dated November 25, 2015;
Pursuant to the Law on Enterprises dated November 26, 2014;
Pursuant to the Law on Investment dated November 26, 2014;
Pursuant to the Law on Commerce dated November 20, 2012;
Pursuant to the Law on Commerce dated June 14, 2005;
At the proposal of the Minister of Transport;
The Government promulgates a Decree on conditions for sea transportation business, shipping agency services, and towage services.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree deals with conditions for sea transportation business, shipping agency services, and towage services.
Article 2. Regulated entities
This Decree applies to Vietnamese organizations and individuals involved in sea transportation business and shipping agency services, and towage services in Vietnam.
Article 3. Interpretation of terms
For the purposes of this Decree, the terms below are construed as follows:

1. Sea transportation business is an activity of carrying goods, passengers, and baggage using seagoing vessels.
2. International shipping is an activity of carrying goods, passengers, luggage by seagoing vessels between seaports of Vietnam and seaports of foreign countries or between seaports of foreign countries.

Chapter II
CONDITIONS FOR SEA TRANSPORTATION BUSINESS
Article 4. Conditions for sea transportation business

1. Enterprises engaged in sea transportation business shall be established in accordance to legal provisions on enterprises and cooperatives engaged in sea transportation business shall be established in accordance with legal provisions on cooperatives (hereinafter referred to as enterprises).
2. An enterprise shall be issued with a certificate of eligibility for sea transportation business if it satisfies requirements prescribed in Article 5 or 6 of this Decree.

Article 5. Requirements pertaining to enterprises engaging in international sea transportation business

1. Regarding organizational structure
2. a) Having a department in charge of safety in accordance with the International Safety Management Code (ISM Code);
3. b) Having a department in charge of maritime security in accordance with the International Ship and Port Facility Security Code (ISPS Code);
4. c) Having a department in charge of sea transportation business and operation;
5. d) Having a department in charge of legal affairs.
6. Regarding finance: A guarantee granted by a credit institution or a branch of foreign bank is required to secure the obligations of the ship owner to seafarers with a minimum of VND 05 billion.
7. Regarding watercraft: At least 01 seagoing vessel is required; any seagoing vessel flying a Vietnamese national ensign shall comply with the National Technical Regulation issued by the Minister of Transport.
8. Regarding personnel
9. a) Any person in charge of the system of maritime safety and security must be trained and issued with a certificate prescribed by the Minister of Transport;
10. b) Any person in charge of management of sea transportation business and operation must obtain at least a college’s degree in one of maritime, foreign trade, commercial or economic specialties;
11. c) Any person in charge of legal affairs must obtain at least a college’s degree in law speciality;
12. d) Any seafarer working on a seagoing vessel must satisfies all requirement pertaining to specialities, health and be issued with a professional certificate as prescribed. Any of Vietnamese seafarer must satisfy all requirements pertaining to speciality, be issued with a professional certificate prescribed by the Minister of Transport; and satisfy all health requirements prescribed by the Minister of Health.

Article 6. Requirements pertaining to enterprises engaging in inland sea transportation business

1. Regarding organizational structure: Having a department in charge of shipping business and operation.
2. Regarding finance: A guarantee granted by a credit institution or a branch of foreign bank is required to secure the obligations of the ship owner to seafarers with a minimum of VND 500 million.
3. Regarding watercraft: At least 01 seagoing vessel flying a Vietnamese national ensign shall comply with the National Technical Regulation issued by the Minister of Transport is required.
4. Regarding personnel
5. a) Any person in charge of management of shipping business and operation must obtain at least a college’s degree in one of maritime, foreign trade, commercial or economic specialties;
6. b) Any seafarer working on a seagoing vessel must satisfies all requirement pertaining to specialities, health and be issued with a professional certificate as prescribed. Any of Vietnamese seafarer working on a seagoing vessel must satisfy all requirements pertaining to speciality, be issued with a professional certificate prescribed by the Minister of Transport; and satisfy all health requirements prescribed by the Minister of Health.

Article 7. Requirements pertaining to foreign organizations engaging in inland transportation using watercraft flying Vietnamese national ensigns

1. A foreign organization engaging in inland transportation using watercraft flying Vietnamese national ensigns must establish a joint venture as prescribed, in which foreign investors’ capital holding do not exceed 49% of the joint venture’s charter capital.
2. Foreign seafarers are permitted to work on seagoing vessels flying Vietnamese national ensigns or seagoing vessels registered in Vietnam under ownership of joint ventures in Vietnam provided that total foreign seafarers do not exceed one third of the manning levels for seagoing vessels; ship master or first mate of such seagoing vessel must be a Vietnamese citizen.
3. Having a certificate of eligibility for sea transportation business in accordance with this Decree.

Article 8. Procedures for granting certificate of eligibility for sea transportation business

1. An application for granting a certificate of eligibility for sea transportation business will comprise:
2. a) An application form for certificate of eligibility for sea transportation business using Form No. 01 in Appendix issued together with. 01 copy;
3. b) List of positions enclosed with extracted profiles in which present clearly relevant degrees or certificates of positions as prescribed at Clause 1 Article 5 and Clause 1 Article 6 of this Decree: 01 photocopy granted from master register or 01 photocopy authenticated from the original or 01 photocopy enclosed with the original for collation,
4. c) A guarantee granted by a credit institution or a branch of foreign bank prescribed in Clause 2 Article 5 or Clause 2 Article 6 of this Decree: 01 original;
5. d) A certificate of seagoing vessel registration: 01 photocopy enclosed with the original for collation.
6. Any applicant for granting a certificate of eligibility for sea transportation business shall send an application to Vietnam Maritime Administration directly, by post, or any of other appropriate methods.
7. Vietnam Maritime Administration shall receive the application. In case of ineligible application, within 02 working days from the date of receipt, Vietnam Maritime Administration shall instruct the applicant to complete the application in writing as prescribed in this Decree; in case of eligible application, a receipt record shall be issued to the applicant.
8. Within 05 working days from the date on which an eligible application is received, Vietnam Maritime Administration will verify the application, issue a certificate of eligibility for sea transportation business and send a notice of results directly or by post; if the application is rejected, Vietnam Maritime Administration shall provide explanation in writing.
9. A certificate of eligibility for sea transportation business shall be granted using Form No. 02 in Appendix issued together with.

Article 9. Re-granting certificate of eligibility for sea transportation business

1. A certificate of eligibility for sea shipping business will be re-granted in cases as follows:
2. a) The certificate of eligibility for sea transportation business is lost, torn or damaged;
3. b) Any of contents specified in the certificate of eligibility for sea transportation business changes.
4. Procedures for re-granting
5. a) In a case where a certificate of eligibility for sea transportation business is lost, torn or damaged:

The applicant shall send an application for re-granting certificate using Form No. 01 in Appendix issued herewith to Vietnam Maritime Administration. Vietnam Maritime Administration shall, according to its records, re-grant a certificate of eligibility for sea transportation business to the applicant.

1. b) In a case where any of contents in the certificate changes:

The applicant shall send an application for re-granting certificate using Form No. 01 in Appendix issued herewith and relevant documents to Vietnam Maritime Administration. Vietnam Maritime Administration shall follow procedure for re-granting similarly to that for granting of a new certificate of eligibility for sea transportation business in accordance with Clause 3, 4 Article 8 of this Decree.

3. The applicant shall be responsible for the accuracy and truthfulness of the information in relation with the application for re-granting the certificate of eligibility for sea transportation business.
4. The certificate of eligibility for sea transportation business that has been re-granted shall specify the reasons for cancellation of the old certificate.

Article 10. Revocation of certificate of eligibility for sea transportation business

1. A certificate of eligibility for sea transportation business will be revoked in cases as follows:
2. a) The enterprise has violated conditions for sea transportation business to the extent that its certificate must be revoked as prescribed in regulations of law on handling of administrative violations against regulations on maritime;
3. b) At the request of competent authorities.
4. Vietnam Maritime Administration shall issue a decision on such revocation and notify relevant state agencies and publicize information of the enterprise whose Certificate is revoked on the website of Vietnam Maritime Administration.

Chapter III
CONDITIONS FOR SHIPPING AGENCY SERVICES
Article 11. Conditions for shipping agency services
Any enterprise providing shipping agency services in Vietnam must be established in accordance with legal provisions. In a case where a foreign-invested enterprise provides shipping agency services, the foreign investors’ capital holding may not exceed 49% of the enterprise’s charter capital.
Article 12. Conditions for organizational structure and personnel

1. Any person in charge of business and operation of shipping agency services must obtain at least a college’s degree in one of maritime, foreign trade, commercial or economic specialties.
2. Any person in charge of legal affairs must obtain at least a college’s degree in law speciality.
3. Any staff member of a shipping agency must be a Vietnamese citizen, granted with a professional certificate of shipping agencies as prescribed by the Minister of Transport.

Chapter IV
CONDITIONS FOR TOWAGE SERVICES
Article 13. Conditions for towage services

1. Any enterprise providing towage services in Vietnam must be established in accordance with legal provisions. In a case where a foreign-invested enterprise provides towage services, the foreign investors’ capital holding may not exceed 49% of the enterprise’s charter capital.
2. At least 01 tugboat is required; such tugboat must be a Vietnamese watercraft and satisfy technical standards prescribed by the Minister of Transport.

Article 14. Conditions for organizational structure and personnel

1. Any person in charge of business and operation of towage services must obtain at least a college’s degree in one of maritime, foreign trade, commercial or economic specialties.
2. Any person in charge of legal affairs must obtain at least a college’s degree in law speciality.
3. d) Any seafarer working on a seagoing vessel must satisfies all requirements pertaining to specialities, health and be issued with a professional certificate as prescribed. Any of Vietnamese seafarer working on a tugboat must satisfy all requirements pertaining to speciality, be issued with a professional certificate prescribed by the Minister of Transport; and satisfy all health requirements prescribed by the Minister of Health.

Article 15. Conditions for foreign organizations using seagoing vessels flying foreign national ensigns for the purpose of providing towage services in Vietnam

1. A foreign organization is permitted to use seagoing vessels flying foreign national ensigns for the purpose of providing towage services in Vietnam solely for the ground that its tugboats flying Vietnamese national ensigns fail to satisfy the prescribed requirements. Annually, the Ministry of Transport shall provide a notice of capacity of fleet of tugboats flying Vietnamese national ensigns.
2. Any tugboat flying foreign national ensign must satisfy requirements prescribed in law on maritime safety, security, and environment protection.
3. Any seafarer working on a tugboat must obtain a professional certificate as prescribed.
4. The foreign organization must have a towage contract concluded with a charterer of Vietnam.
5. The foreign organization must have a branch or a representative office or a towing enterprise of Vietnam towing company authorized in Vietnam.

Chapter V
IMPLEMENTATION
Article 16. Responsibilities of the Ministry of Transport

1. Provide guidelines and implement this Decree.
2. Inspect the compliance with this Decree.

Article 17. Responsibilities of enterprises

1. Initiate operation in conformity with purposes and contents specified in the certificate granted by the competent authority.
2. Maintain conditions prescribed in this Decree.
3. Provide information about its own progress of sea transportation business, shipping agency services, and towage services upon request of competent authorities.

Article 18. Transitional provisions

1. Any enterprise that is granted with a license of sea transportation business before the effective date of this Decree shall keep operating for the remaining period of the license; upon expiry of the license, it must apply for a certificate of eligibility for sea transportation business in accordance with this Decree.
2. Any enterprise engaging in sea transportation business, before the effective date of this Decree that has been not granted with a sea transportation business license, all conditions for granting a certificate of eligibility for sea transportation business, no later than July 1, 2019 must be satisfied in accordance with this Decree.
3. Enterprises engaging in shipping agency services, towage services that are established before the effective date shall keep operating; from July 1, 2019, those enterprises must satisfy all conditions for shipping agency services, towage services in accordance with this Decree.

Article 19. Entry into force

1. This Decree comes into force from July 1, 2017.
2. Decree No. 30/2014/ND-CP dated April 14, 2014 of the Government on conditions for sea transportation business and sea support services.
3. 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./.

 
 
 
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DECREE

ON AVIATION SECURITY

Pursuant to the Law on organization of Government dated 25/12/2001;
Pursuant to the Law on Civil Aviation of Vietnam dated 29/6/2006; the Law amending and adding some articles of the Law on Civil Aviation of Vietnam dated 21/11/2014;
At the request of the Minister of Transport, the Government issues the Decree on aviation security;
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides for the measures to control the aviation security; deal with the illegal acts of interference in the civil aviation activities; aviation security control forces; infrastructure, equipment and means to ensure the aviation security; funding for aviation security assurance; responsibility of relevant organizations and individuals in aviation security assurance.
Article 2. Subjects of application
This Decree applies to the organizations and individuals operating in the field of civil aviation in Vietnam; the Vietnamese organizations and individuals operating in the field of civil aviation outside Vietnam unless otherwise specified by the host country; the Vietnamese and foreign organizations and individuals operating in the field of civil aviation in the flight information region under the management of Vietnam.
The special aircraft flights shall follow the Decree of the Government on special aircraft flight assurance.
Article 3. General principles

1. The aviation security assurance is the important duties of the State, Government and civil aviation industry of Vietnam to protect the life of people and assets in civil aviation activities; protect the aircraft, works and equipment at airport and aerodrome; deal with the illegal acts of interference and contribute to the protection of national security, order and social safety maintenance in the areas of civil aviation activities.
2. The technical regulations and standards, measures and procedures for aviation security applied must ensure the security maximally for all civil aviation activities while creating favorable conditions for the aviation transportation and in accordance with the international agreements on civil aviation in which the Socialist Republic of Vietnam is a member.
3. The aviation security assurance is the responsibility of all organizations and individuals pertaining to the civil aviation activities.

The aviation security assurance services are the public utility services which are provided by the Ministry of Transport.

4. The incidents and acts of violation on aviation security must be detected, stopped, handled and reported promptly and fully and drawn on experience, explained and commented to remedy the loopholes and shortcomings.
5. Where the international agreements in which the Socialist Republic of Vietnam is a member have the provisions which are different from those of this Decree, the provisions of the international agreements shall apply.

Article 4. Interpretation of terms

1. Aviation security control is the measures to ensure the aviation security to prevent and stop the illegal acts of interference in the civil aviation activities, secure the aircraft, passengers, crew, people on the ground, assets, works and equipment of aviation industry.
2. Aviation security check is the separate or combined use of scanning, visual check and other measures to identify, detect and stop the acts of violation or signs of violation of aviation security.
3. Aviation security scanning means the use of technical equipment or other measures to detect the weapons, explosives other dangerous items which can be used to carry out the illegal acts of interference in the civil aviation activities.
4. Aviation security supervision is the separate or combined use of people, animals, technical equipment to manage and monitor to detect and stop the acts of violation or signs of violation of aviation security.
5. Aviation security search means the detailed check of each object, position of subject or person who is searched in order to detect and stop the weapon, explosive or other dangerous equipment or items to eliminate the factors of threat to the aviation security. The aviation security search shall be decided by the competent person.
6. Aviation security assurance services are the paid services pertaining to the application of measures of aviation security control, including: Aviation security control; aviation security check; aviation security scanning; aviation security supervision; aviation security search; aircraft guarding and protection, escorting of people, vehicle, objects which are stored and moved in the restricted areas at the airports or aerodromes.
7. Aviation security control card at airports or aerodromes is the document which certifies that the persons are permitted to enter and operate in the relevant restricted areas of airports or aerodromes.
8. Aviation security permit at airports or aerodromes is the document which certifies the vehicles are permitted to enter and operate in the relevant restricted areas of airports or aerodromes.
9. Crew identification card is the document which certifies and permits the crew members of an airline to enter the relevant restricted areas of airports or aerodromes for flights.
10. Internal security control card is the document which certifies the persons who are permitted and operate in the separate restricted areas of units and enterprises at the airports or aerodromes and at the place with aviation equipment and works
11. Internal security control permit is the document which certifies the vehicles which are permitted to enter and operate in the separate restricted areas of units and enterprises at the airports or aerodromes and at the place with aviation equipment and works.

Chapter II
AVIATION SECURITY CONTROL
Article 5. Protection of security and national defense in civil aviation

1. The bodies in charge of protection of security and national defense must take measures to prevent, stop and struggle to frustrate the activities of infringement of security and national defense at the airports or aerodromes and the facilities of aviation industry and ensure the aviation security in accordance with regulations of law on national security, defense, people’s police, prevention and control of terrorism and other relevant laws.
2. The relevant bodies, organizations, enterprises and individuals within their responsibility must implement the activities of protection of security and national defense as stipulated by law.
3. The police bodies must take professional measures to proactively prevent, detect and struggle to prevent and control crimes and violation of law on social order and safety and public order at the airports or aerodromes and the facilities of the aviation industry.

Article 6. Setup and protection of restricted areas

1. The airports, aerodromes and places with aviation works and equipment must set up the restricted areas. The setup of restricted areas must be consistent with the purposes of aviation security assurance, characteristics of civil aviation activities without obstructing people and vehicles to enter, exit and operate normally in the restricted areas.
2. The people and vehicles entering, exiting and operating in the restricted areas must have the card or permit of aviation security control or the card of aviation security and safety supervisor issued by the competent bodies and units, except passengers or aircraft emergency cases.
3. People and vehicles entering, exiting and operating in the restricted areas must be continuously scanned and supervised for aviation security or searched in case of necessity, except cases of emergency.
4. The restricted areas must be patrolled, guarded and protected by the aviation security control forces that shall take appropriate measures to ensure the aviation security.
5. For the military areas adjacent to the restricted areas at jointly-used aerodrome, the army forces shall coordinate with the aviation security control forces to perform the duties of patrol, guard and protection.
6. For dedicated aerodrome, the aerodrome operator and aircraft operator must perform the duties of patrol, guard and protection.

Article 7. Protection of public areas of airports or aerodromes

1. The aviation security control forces at airports or aerodromes must set up the sentry-box, patrol, control and maintain order in the public areas of the airports or aerodromes; promptly detect and handle the violations as stipulated by law, violation of public order, derelict luggage, people and objects having signs of threats to aviation security and safety.
2. The aviation security control forces must coordinate with the police forces to jointly patrol and guard to maintain and ensure the social security and order in the public areas of the airports or aerodromes.

Article 8. Protection of areas adjacent to the airports or aerodromes and other infrastructure facilities of the aviation industry.

1. The People’s Committees at all levels where the airport or aerodrome or other infrastructure facilities are situated of the aviation industry must manage their areas, detect and handle in a timely manner the threats to the aviation security and safety; develop and implement the scheme for prevention and stoppage of riot and looting of airports or aerodromes and other infrastructure facilities of the aviation industry, attack on aircraft during take-off and landing.
2. The police bodies at ward and communal level where the airport or aerodrome is situated and other infrastructure facilities of the aviation industry shall coordinate with the aviation security control forces and the security guard forces of the relevant bodies and units to patrol the surrounding areas outside the airports or aerodromes and other infrastructure facilities of the aviation industry in order to promptly detect and handle the threats to the aviation security and safety.

Article 9. Aviation security search

1. The aviation security control forces in the management areas of airports or aerodromes must carry out the aviation security search in case of necessity as stipulated by law.
2. The aviation security search is done to the aircraft, passengers, crew members, luggage, cargo and postal items on aircraft in the event of information on dangerous items on aircraft not yet detected and identified during the scanning and check before carried on board of aircraft.
3. Where there is a person verbally threatening the safety of the flight, the aviation security search is done to the aircraft and person who has verbal threats and his luggage.
4. The aviation security search is done upon check, scanning and supervision for aviation security to the passengers, crew members, flight attendants and relevant persons, luggage, cargo, postal items and means with detection of signs or information of threat to the security and safety of flights.
5. Where there is a person at the scanning point or in the restricted areas verbally threatening the safety of the flights, this person and his luggage and objects must be searched for aviation security.
6. in case of detecting the luggage and objects without their owner or manager, use at the airports, aerodromes and other restricted areas, these luggage and objects must be searched for aviation security.
7. Do not carry out the aviation security search for the case of right to inviolability of the body in accordance with regulations of law.

Article 10. Provisions on aviation security search

1. The persons having the authority to decide the aviation security search, subjects and scope of aviation security search consist of:
2. a) The head of aviation security control forces at the airports or aerodromes for the cases specified in Article 9 of this Decree;
3. b) The head of aviation security scanning and check division at the airports or aerodromes for the cases specified in Paragraph 3 and 4, Article 9 of this Decree;
4. c) The head of mobile security and control security division at the airports or aerodromes for the cases specified in Paragraph 5, Article 9 of this Decree;
5. The aviation security search to the aircraft must be notified to the aircraft operators and relevant aviation Authority and must be supervised by the aviation Authority.
6. The aviation security control forces at the airports or aerodromes shall directly carry out the aviation security search. The relevant airline shall send the aircraft technicians to participate and give advice during the aviation security search.
7. In case of searching people, arrange male officer to search male passenger and female officer to search female passenger.
8. The aviation security search must be recorded.

Article 11. Aviation security control to the aircraft and aircraft operation

1. Before each flight, the aircraft operator must check the security inside and outside the aircraft to detect dangerous items and suspicious people and objects.
2. When the passengers leave the aircraft at any stop of the flight, the aircraft operator must check again to ensure the passengers have got off the aircraft and do not leave luggage or anything on aircraft.
3. The aviation security control forces at the airports or aerodromes must supervise and protect the aircrafts by appropriate measures when the aircraft parks at the aerodrome. At the dedicated aerodrome without the aviation security control forces or when the aircraft parks outside the aerodrome, the aircraft operator is responsible for checking supervising and protecting the aircraft and stopping the illegal taking of people and objects on board the aircraft.
4. The aircraft repairing and maintaining facilities must supervise the aviation security and protect the aircraft during the aircraft repair and maintenance at their facilities.
5. The aviation security control forces of the Vietnamese airlines must control the compliance with the regulations on aviation security; assess the meeting of standards of aviation security of airports or aerodromes and relevant aviation service providers; carry out the security check to the passengers, luggage and cargo by the appropriate measures to the aircraft operation of their airlines outside the airports or aerodromes.
6. During the time the aircraft is flying, the aircraft commander is responsible for ensuring the security, maintenance of order and discipline of the flights; taking necessary measures to ensure the safety for the flights; coordinating with the air security officer who is arranged on aircraft to take appropriate measures of security assurance; handing over the case, violating person and exhibit to the competent state body when the aircraft lands at the airports or aerodromes.
7. Right after receiving the threatening information related to the security and safety of the aircraft or the flight, the aircraft operator must promptly notify the airport emergency forces at the relevant airports or aerodromes and take necessary measures to ensure the safety for the flights.
8. The crew members must follow the order, command and operation of the aircraft operator; take the measures to ensure the aviation security and maintain the order and discipline of the flight.
9. Where the competent state bodies determine that the illegal interference can occur on the flight or as required by the country where the aircraft arrives in, the air security forces must be arranged on that flight.
10. The air security forces of the organization and staffing of the Ministry of Public Security. The funding for arranging the air security officers on the flight shall be born by the aircraft operator.
11. The air security officers are equipped with and use the appropriate weapons and support tools; are under the general command by the aircraft commander. The air security officers must act under the Rule issued by the Ministry of Public Security.

Article 12. Aviation security control to the crew, passengers and luggage

1. The crew and passengers on departure, in transit and interline and their luggage must be checked for their papers, checked and scanned for aviation security before on board of aircraft; after check and scanning, they must be isolated and supervised for aviation security continuously until they go on board. Where the people and luggage that have been checked and scanned for aviation security approach or are mixed with the people and luggage that have not been checked and scanned for aviation security or the consigned luggage has illegal signs of interference, they must be checked and scanned again.
2. The passengers must not carry along or put dangerous items in their hand luggage and consigned luggage when going by aircraft, except the case permitted by the competent state bodies.
3. The consigned luggage which has been loaded on aircraft without its passenger on the same flight must be removed out of the aircraft before departure, except the case the consigned luggage is permitted to transport without its passengers according to the provisions of the Law on Civil Aviation of Vietnam. The data and information on the consigned luggage transported without its passenger must be updated and kept with the prescribed time limit.
4. The mislaid luggage or with wrong address must be checked and scanned for aviation security before carried into the storage area and before carried on the aircraft again.
5. The aviation security control forces at the airports or aerodromes must take the measures of aviation security control specified in Paragraphs 1, 2 and 4 of this Article.

For the joint aviation operation for commercial purposes at the dedicated aerodrome, the aircraft operator must implement the security check over the crew, passengers, luggage and objects on aircraft and other measures of aviation security control.
Article 13. Aviation security control over the cargo and postal items

1. The cargo and postal items transported by air must be checked, scanned and supervised for aviation security continuously before carried on the aircraft; in case of detecting that the scanned cargo and postal items have the illegal signs of interference, they must be checked and scanned again.
2. The enterprises pertaining to the transportation of cargo and postal items by air must take the measures to eliminate the illegal transportation of dangerous items.
3. The check, scanning and aviation security search for the diplomatic bag and consular bag must comply with the provisions of the international agreements in which the Socialist Republic of Vietnam is a member and the law of Vietnam on diplomacy and consular practice.
4. The transportation of dangerous cargo must follow the regulations of law and conditions for transportation of dangerous cargo by air of the International Civil Aviation Organization.
5. The aviation security control forces at the airports or aerodromes must take the measures of aviation security assurance specified in Paragraph 1 and 3 of this Article.

Article 14. Aviation security control over aviation meals, objects of emergency and service on aircraft, fuel and other objects carried on aircraft,

1. The enterprises providing aviation meals, objects of emergency and service on aircraft and fuel must take measures of aviation security control over the meals, objects of emergency and service on aircraft at their facilities.
2. The aviation meals, objects of emergency and service on aircraft, fuel and other objects must be subject to the appropriate aviation security control when carried into the restricted areas, carried on aircraft and must be supervised continuously for aviation security by the aviation security control forces at the airports or aerodromes;

Article 15.  Transportation and carriage of weapons and support tools on aircraft

1. Weapons and support tools are not permitted to carry on the passenger compartment, except the following cases:
2. a) The officials and guard soldiers must protect the guarded subjects as stipulated by the law on guard force; air security officer must perform duties of security assurance on the flights of the Vietnamese airlines according to the Rule issued by the Minister of Public Security;
3. b) The air security officer shall carry weapons on flights of foreign airlines under the written agreement between the Civil Aviation Authority of Vietnam and the aviation authorities of the relevant countries.
4. c) The law enforcers on foreign special flights after permitted by the competent bodies of the Ministry of Public Security;
5. d) The escorts are permitted to carry the appropriate support tools on aircraft when escorting the accused, defendants, prisoners, expelled persons, extradited persons and arrestees under the wanted decision and persons denied entry.
6. The aircraft commander must be notified of the name, seat, type of weapon or support tool of the persons who are permitted to carry the weapon or support tool on the flight; the persons who carry the weapon or support tool on the same flight must be notified of their sitting positions. The persons who carry the weapon or support tool on aircraft must not use the drink with alcohol and stimulant during the flight and must maintain the weapon or support tool in a secure status.
7. The subjects not specified under Points a, b and consigned luggage, Paragraph 1 of this Article are permitted to carry out the procedures for consignment of weapon or support tool to be transported with the flight as stipulated by law on management and use of weapon, explosive material and support tool.

When carrying out the transportation procedures, the aircraft operator must ensure the weapon or support tool is in a secure status and kept at the place which cannot be approached by the passengers during the flight and comply with the relevant laws.

4. The persons who are permitted to carry the weapon or support tool on the passenger compartment, the persons consign the weapon or support tool for transport must present the valid permit of use of appropriate weapon or support tool issued by the competent state authorities.

Article 16. Transportation of subjects with potential threats to aviation security

1. The subjects with potential threats to aviation security consist of:
2. a) The persons who lose their consciousness or act control capacity;
3. b) The persons who are denied entry but fail to return home voluntarily;
4. c) The accused, defendants, prisoners, expelled persons, extradited persons and arrestees under the wanted decision.
5. The subjects specified in Paragraph 1 of this Article must be provided with the drink with alcohol or stimulant during the flight; the crew must continuously supervise them during the flight and take necessary additional measures.
6. The subjects specified under Point c, Paragraph 1 of this Article, upon being transported, must be escorted by the persons of competent state bodies; the number of passengers specified in Paragraph 1 of this Article is transported on the same flight as stipulated by the Minister of Transport.
7. The subjects specified under Point b, Paragraph 1 of this Article, upon being transported back to home, the airline must arrange the escorts on the flight.
8. Do not transport the passengers specified in Paragraph 1 of this Article on the flights with the guarded subjects.

Article 17. Denying transportation of passenger for security reasons
The airlines have the right to deny transporting the following passengers for the security reasons:

1. The passengers specified under Point a, Paragraph 1, Article 16 of this Decree.
2. In case of failure to meet the provisions specified in Paragraph 3, Article 16 of this Decree.
3. In case the passengers denied entry do not return home voluntarily and are not transported by the airline into Vietnam.
4. Upon requirement of the Vietnamese or foreign competent authorities.

Article 18. Prohibiting the transportation by air

1. Prohibiting the transportation with definite time from 03 to 12 months to the following subjects:
2. a) The disruptive passengers;
3. b) The passengers who fail to comply with the decision on administrative sanction in the field of civil aviation;
4. c) The passengers verbally threaten to use bomb, mine, explosive, explosive material, radioactive material, biological weapon in the check-in area, isolated area, aerodrome and on aircraft.
5. d) Intentionally spread rumors and provide false information about bomb, mine, explosive, explosive material, radioactive material, bio-chemical weapon that affect the normal operation of civil aviation activities;
6. dd) Use fake papers to get on the aircraft;
7. e) Have acts of violation of public order and discipline at the airports or aerodromes and on aircraft.
8. Prohibiting the transportation with definite time from over 12 to 24 months to the following cases:
9. a) The subjects who are handled but still commit the violation of one of the acts specified in Paragraph 1 of this Article;
10. b) The persons who have illegal acts of interference in the civil aviation activities specified under Points dd, e, g and h, Paragraph 2, Article 190 of the Law amending and adding some article of the Law on Civil Aviation of Vietnam.
11. Permanently prohibiting the transportation in the following cases:
12. a) The subjects have been handled but still commit violation in one of the cases specified in Paragraph 2 of this Article;
13. b) The persons who have the illegal acts of interference in the civil aviation activities specified under Points a, b and Article, Article 190 of the Law amending and supplementing some articles of the Law on Civil Aviation of Vietnam.
14. c) The persons who appropriate or cause riots at the airports or aerodromes and flight operation service providers.
15. Based on the characteristics and seriousness, the Civil Aviation Authority of Vietnam shall decide on the prohibition of transportation definitely or permanently to the subjects specified in Paragraphs 1, 2 and 3 of this Article. This decision is applicable to the domestic and international flights departing from Vietnam of all Vietnamese and foreign airlines.

Article 19. Collection of information and assessment of risk of threat to aviation security

1. The collection, analysis and assessment of the illegal acts of interference in the civil aviation activities, the tricks and modes of threat to the aviation security must be set up between the relevant bodies of the Ministry of Transport, Ministry of Defense, Ministry of Public Security, Ministry of Foreign Affairs and Ministry of Finance.
2. The aviation security control system must be completed, upgraded, meet and promptly respond to the risk of threat to aviation security.

Article 20. Strengthened aviation security control

1. When there are high risks to the aviation security, the measures of strengthened aviation security control are done by 03 levels from level 1 to level 3.
2. The level 1 is applied in the following cases:
3. a) There are important political and social events in the country;
4. b) There are complex circumstance of political security and social order.
5. The level 2 is applied in the following cases:
6. a) There is intelligence information on a conspiracy of illegal interference in the civil aviation activities but the specific location, target and time are not yet identified;
7. b) There are circumstances of serious loss of political and social order at localities.
8. The level 3 is applied in the following cases:
9. a) There is authentic information on a conspiracy of illegal interference in the civil aviation activities with the specific location, target and time are not yet identified;
10. b) There are circumstances of serious loss of political and social order at localities.
11. The Director of Civil Aviation Authority of Vietnam shall decide the application and cancellation of level of strengthened aviation security control while informing the Minister of Transport and Minister of Public Security.
12. The measures of strengthened aviation security control are applied to each level must be stipulated in detail in the aviation security Program and Regulation.

Article 21. Control of aviation security documents

1. The aviation security documents are the restricted ones and must be appropriately controlled and protected and disseminated to the relevant organizations and individuals.
2. The Minister of Transport stipulates the list and principles of management and use of restricted aviation security documents

Article 22. Internal security control to the aviation staff

1. The enterprises managing and employing the aviation staff must issue the regulations on internal security control, including the measures of verification and periodical assessment of identity of aviation staff upon recruitment, request for issue of permit, professional capacity certificate and process of duty performance.
2. The Civil Aviation Authority of Vietnam shall direct, guide and inspect the internal security control of the enterprises managing and employing the aviation staff; temporarily suspend the activities of the aviation staff having signs of law violation, threats to aviation security and safety or as required by the security bodies of the Ministry of Public Security.
3. The security bodies of the Ministry of Public Security must check the identity of foreign aviation staff.
4. The Ministry of Public Security shall coordinate with the Ministry of Transport to stipulate the internal security control to the aviation staff.

Article 23. Protection of specialized aviation information system

1. The bodies and units managing the specialized aviation information system must take measures to protect and control the unauthorized access, interference and use causing the unsafety to the civil aviation activities and theft of information.
2. The specialized aviation information systems to be protected consist of:
3. a) The information system in service of flight activity assurance;
4. b) The departure control system;
5. c) The check-in and reservation system;
6. d) The system synchronously comparing the luggage with passenger; security scanning system; passenger information system before flight; monitoring camera and intrusion alert system;
7. dd) The system of command and operation and specialized aviation;
8. e) The aviation database and other information systems shall cause the unsafety to the aviation activities upon unauthorized interference.
9. The airlines must secure the passengers’ personal information; only use for the purposes of their operation and provision to the competent state bodies as required.

Article 24. Aviation security propagation and assurance

1. The bodies and units in the aviation industry must propagate, disseminate and educate their staff on the consciousness of compliance with the regulations on aviation security; organize the propagation on the mass media of regulations on aviation security assurance.
2. The local government where the airport or aerodrome is situated must provide the propagation and dissemination for people in the surrounding areas of the airport or aerodrome of the consciousness of compliance with the regulations on aviation security;
3. The airlines must regularly propagate and disseminate the regulations on aviation security to the aircraft passengers.

Article 25. Control of aviation security quality

1. The control of aviation security quality is the inspection and assessment of application of measures of aviation security assurance in accordance with the laws of Vietnam and the international agreements in which the Socialist Republic of Vietnam is a member; inspection, survey, testing, assessment and investigation of compliance with the laws on aviation security of the bodies, organizations and individuals involved in the civil aviation activities; risk management of aviation security.
2. The Civil Aviation Authority of Vietnam is subject to the inspection and examination of the International Civil Aviation Organization and assessment of foreign aviation authorities on aviation security assurance according to the international standards.
3. The Civil Aviation Authority of Vietnam shall carry out the control of aviation security quality in the aviation industry; appoint the aviation security supervisor to control the aviation security quality.
4. The enterprises having the aviation security Program and Regulation must control the aviation security quality within their enterprises; be subject to the control of aviation security quality of the Civil Aviation Authority of Vietnam and assessment of the foreign aviation authorities and the relevant airlines;

Chapter III
DEALING WITH ILLEGAL ACTS OF INTERFERENCE
Article 26. Purposes, requirements and guiding principles to deal with the illegal acts of interference

1. Proactively and effectively stopping and dealing with, limiting the consequences and harm to the lowest level upon occurrence of illegal acts of interference; giving the priority to the safety assurance for people and hostage life and only using the necessary military force when there are no other workarounds.
2. Giving the priority to the flight operation and necessary assistance to the flying aircraft which is illegally interfered.
3. Maximally maintaining the normal operation capacity at the place of occurrence of illegal acts of interference.
4. Following the laws of Vietnam and the provisions of international Convention on civil aviation and the relevant international agreements in which the Socialist Republic of Vietnam is a member.
5. Implementing the principle of 4 in-place things, including: Scheme for in place response; in place forces; in-place equipment and in-place logistics.

Article 27. Measures to deal with the illegal acts of interference

1. The direct response to the illegal acts of interference in the civil aviation activities shall comply with the provisions in the master emergency Scheme to deal with the illegal acts of interference in the civil aviation activities issued by the Prime Minister.
2. The steering Committee for prevention and control of terrorism in the localities where the airports, aerodromes and aviation works and equipment shall perform the duties of commanding and dealing with the illegal acts of interference in the civil aviation activities as stipulated by the Prime Minister.

Chapter IV
AVIATION SECURITY CONTROL FORCES
Article 28. Position, functions and organization of aviation security control forces

1. The aviation security control forces is organized by the direction of the Ministry of Transport to take measures of aviation security assurance and provide the aviation security assurance services at the airports or aerodromes and the facilities processing cargo and postal items
2. The enterprises providing the air traffic services shall organize the aviation security control forces to ensure the aviation security at the air traffic service providers situated outside the restricted areas of the airports or aerodromes;
3. The enterprises manufacturing, maintaining and repairing aircraft and aircraft equipment shall organize the aviation security control forces to ensure the aviation security at their facilities.
4. The Vietnamese airlines and enterprises jointly carrying on aviation business shall organize the aviation security control forces to take measures of aviation security control on aircraft and aircraft operation outside the areas of airports or aerodromes.

Article 29. Requirements for aviation security control forces

1. Have independent organizational system.
2. The heads of divisions of the system must work full-time and are approved according to regulations.
3. The aviation security controllers are recruited, trained and issued with the prescribed permit.

Article 20. Duties and powers of the aviation security control forces

1. Follow the relevant aviation security Program and perform the duties of aviation security control under their authority.
2. Initially deal with the illegal acts of interference in the civil aviation activities at the relevant facilities; protect the scene upon occurrence of cases of threats to the aviation security or illegal interference in the civil aviation activities.
3. Request the Director of aviation Authority and aviation Inspector to suspend the flights to stop the possible threats to the security and safety to the flights.
4. Coordinate with competent bodies and units to defuse bomb, mine, bio- chemical weapons, radioactive materials, prevent diseases at the airports or aerodromes, on aircraft; handle the luggage, cargo, postal items and other objects containing dangerous items.
5. When performing duties within their authority, they have the right to temporarily seize people, check and temporarily seize personal papers of the persons who have acts of threat to the aviation security and safety; seize the weapons, explosives, inflammable materials and other dangerous items illegally carried into the restricted areas and use force against the person who obstructs or has intentional opposition.
6. Make a record of the case to the person who has threatening acts to the aviation security, disruptive passengers; notify the relevant aviation Authority to handle or transfer the case to the competent state bodies for handle according to regulations of law; require the airline to deny the transportation of such passenger due to the prescribed security reasons.
7. Are equipped and use weapons and support tools to perform their duties according to regulations of law; have costume, badge, epaulet, equipment and means to perform duties.
8. The aviation security control forces at the airports or aerodromes shall provide the aviation security assurance services.

Article 31. Benefits and policies to the aviation security control forces

1. The aviation security controllers shall receive salary and other interests, benefits and policies according to regulations of law.
2. While performing duties, if being injured or dead, the aviation security controllers shall be entitled to receiving the benefits like the war invalids, martyrs and other forms of commendation and award in accordance with the law.

Chapter V
INFRASTRUCTURE, EQUIPMENT AND MEANS TO ENSURE THE AVIATION SECURITY
Article 32. Requirements for infrastructure to ensure the aviation security of the airports or aerodromes

1. There are the perimeter fence system, intrusion warning system, sentry-box, gate, door, patrol way, security lighting system, security camera system, warning sign, emergency assembly location, separate parking location, vault or area for defusing bomb, mine or handling dangerous items in line with the requirements for aviation security assurance.
2. Must meet the requirements for aviation security check, scanning, search and supervision to the people, means, objects, luggage, cargo and postal items and for inquiry.
3. Before newly built, renovated or upgraded, the design of airports or aerodromes must be assessed for the aviation security requirements and standards.

Article 33. Requirements for equipment and means for aviation security assurance

1. The equipment and means for aviation security assurance must be sufficient and appropriate to perform the duties of aviation security assurance according to regulations.
2. The equipment and means for aviation security assurance at the airports or aerodromes must ensure the synchronization, consistency and meet the standards issued by the competent authorities or recognized in technology and safe to the human health.
3. For international flights, the scanning devices are jointly used between the aviation security scanning and customs scanning.
4. The management unit using the equipment and means for aviation security assurance must develop and issue the materials for operation, maintenance; fully maintain the standards of application and technical features of equipment and means.
5. The image of camera and X-ray scanner must be managed and kept to serve the inquiry in case of necessity. The records and logbook of operation, maintenance and repair of technical system and equipment for aviation security assurance must be managed, kept and presented as required.

Chapter VI
FUNDING FOR AVIATION SECURITY ASSURANCE
Article 34. Principles of funding allocation
The funding for aviation security assurance is ensured from the state budget according to the current decentralization, the enterprise’s funding and revenues from the aviation security assurance services and other revenues as stipulated by law.
Chapter VII
RESPONSIBILITY OF RELEVANT ORGANIZATIONS AND INDIVIDUALS IN AVIATION SECURITY ASSURANCE
Article 35. National Civil Aviation Security Committee

1. The National Civil Aviation Security Committee is an inter-disciplinary coordination organization whose functions are to help the Prime Minister to direct and coordinate to settle the inter-disciplinary important issues on aviation security assurance.
2. The National Civil Aviation Security Committee shall help the Prime Minister to direct and coordinate the activities between the Ministries, ministerial bodies, governmental bodies, People’s Committee of provinces and centrally-run cities in aviation security assurance; periodically assess the risks of threat to aviation security; direct the completion and upgrading of aviation security assurance system; direct the implementation of master emergency Scheme to deal with the illegal acts of interference in the civil aviation activities; direct and settle the problems arising between the Ministries, sectors and localities and the relevant bodies and organizations in the aviation security assurance.
3. The National Civil Aviation Security Committee shall issue the card to the Committee’s members of and permit to the Committee’s vehicles for use when performing their duties. The vehicles used to perform duties are prioritized and exempted from fees and prices when participating in road traffic and operating in airports or aerodromes.

Article 36. Ministry of Transport

1. Performs the state management of security assurance for the civil aviation activities; issues under its authority or submits for issuance and implements the policies, legal normative document and technical regulations and standards in the field of aviation security assurance.
2. Coordinates with the relevant Ministries and sectors to effectively follow the provisions of international agreements on aviation security in which the Socialist Republic of Vietnam is a member.
3. Directs the bodies and units in the aviation industry to carry out the activities to ensure the aviation security, particularly:
4. a) Taking measures of aviation security assurance; organizing and operating the system of supervision, management and control of aviation security; approving the aviation security Program and Regulation; organizing the aviation security control forces;
5. b) Establishing the system of reporting, information collection, analysis and assessment of incidents and risks of threat to the aviation security; deciding to take measures and procedures for prevention of aviation security in line with the threatening risks.
6. c) Developing, training, exercising and carrying out the airport emergency scheme to deal with the illegal acts of interference in the civil aviation activities;
7. d) Reporting, handling, remedying, investigating and verifying the cases of violation and threat to the aviation security and incidents of aviation security; issuing the necessary recommendations and directives to prevent and stop the incidents of aviation security;
8. dd) Taking the emergency measures of aviation security assurance to serve the security, national defense and national emergency.
9. Inspecting, examining and sanctioning the administrative violations in aviation security assurance.
10. Coordinating with the Ministry of Public Security, Ministry of Defense and the relevant Ministries, sectors and localities in security protection, national defense, prevention and control of terrorism and maintenance of social order and security in accordance with regulations of law.

Article 37. Ministry of Public Security

1. Takes the measures to protect the national security, prevent and control the terrorism pertaining to the civil aviation; periodically and irregularly exchanging, providing and assessing the information on the reality of political security, social order and safety, conspiracy, mode and tricks of operation of terrorists, the reactionary organizations and types of crime and conspiracy to illegally interfere in the civil aviation activities for the Ministry of Transport.
2. Directs the relevant bodies and units to coordinate with the Civil Aviation Authority of Vietnam and the aviation security control forces in taking the measures of aviation security assurance; assess the risks, seriousness and threats to the aviation security; manages and supervises the passengers denied entry; protect the internal security and specialized aviation information system.
3. Develops the protection schemes, prevents and controls the crimes, maintains the public order and social order at the airports or aerodromes and the facilities of the aviation industry; receives and handles the crimes of violation of security, order and traffic safety according to regulations of law.
4. Develops and follows the emergency Schemes to deal with the illegal acts of interference in the civil aviation activities within its duties; sets up the air security forces; provides the training and re-training and instructions on professional aspects of national security protection for the aviation security control forces; provides the techniques of fire prevention and fighting for the fire prevention and fighting forces of the civil aviation industry.

Article 38. Ministry of Defense

1. Manages and protects the national airspace; prevent and control the use of shoulder-launched missile aiming at the civil aircraft; periodically or regularly exchanges, provides and assesses the information on political security and social order and safety; conspiracy, mode and tricks of operation of terrorists, reactionary organizations and types of crime, conspiracy of illegal interference in the civil aviation activities for the Ministry of Transport.
2. Develops the scheme for protection, prevention and control of crime, maintenance of public order and social safety at the jointly-used aerodromes.

3 .Develops and follows the emergency Schemes to deal with the illegal acts of interference in the civil aviation activities within its duties; provides the training and re-training and instructions on professional aspects of national security protection for the aviation security control forces;

4. Directs the relevant military bodies and units to coordinate with the Civil Aviation Authority of Vietnam and the aviation security control forces in taking the measures of aviation security assurance; assess the risks, seriousness and threats to the aviation security;

Article 39. Ministry of Finance
Directs the customs units at the international airports to coordinate with the aviation security control forces during the check and control of luggage, cargo and postal items to detect and prevent dangerous items illegally carried on aircraft and other illegal acts of law violation.
Article 40. Ministry of Home Affairs
Coordinates with the Ministry of Transport to stipulate the appropriate salary mechanism to the subjects as the officials and officers who work full-time and part-time and receive salary from the state budget in the field of aviation security assurance.
Article 41. People’s Committee at all levels which has the airport, aerodrome, works or equipment in service of civil aviation activities

1. Prevent and control the crime, maintain the public order and social safety in the areas; receive and handle the crime and violations of security, order and traffic safety in accordance with regulations of law.
2. Coordinate with the relevant bodies and units in preventing the act of using the shoulder-launched missile to attack the civil aircraft; implement the emergency Scheme to deal with the illegal acts of interference in the civil aviation activities within their responsibility.
3. Propagate and mobilize people to comply with the regulations on aviation security and safety assurance.

Chapter VIII
IMPLEMENTATION PROVISION
Article 42. Effect

1. This Decree takes effect from 27/11/2015.
2. This Decree replaces the Decree No. 81/2010/ND-CP dated 14/7/2010 of the Government on civil aviation security; Decree No. 51/2012/ND-CP dated 11/6/2012 of the Government on amending and adding some articles of the Decree No. 81/2010/ND-CP on civil aviation security.

Article 43. Implementation
The Ministers, Heads of ministerial bodies, governmental bodies, Chairman of People’s Committee of provinces and centrally-run cities, the enterprises and relevant individuals are liable to execute this Decree./.
 

 
 
 
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DECISION

APPROVAL FOR NATIONWIDE LOGISTICS CENTER SYSTEM DEVELOPMENT PLANNING BY 2020 AND ORIENTATION TOWARDS 2030

THE PRIME MINISTER

Pursuant to the Law on Government organization dated December 25, 2001 dated December 25, 2001;
Pursuant to the Government’s Decree No. 92/2006/ND-CP dated September 07, 2006 of the government on establishing, approving, and managing socio-economic development master plans; the Government’s Decree No. 04/2008/ND-CP dated January 11, 2008 on amendments to some Articles of the Government’s Decree No. 92/2006/ND-CP;
At the request of the Minister of Industry and Trade in Report No. 12065/TTr-BCT dated December 02, 2014 and Official Dispatch No. 3801/BCT-TTTN dated April 20, 2015,
DECIDES:
Article 1. Approval for nationwide logistics center system development planning by 2020 and orientation towards 2030, the primary contents of which are specified below, is granted:

1. VIEWPOINTS ON DEVELOPMENT
2. Develop logistics centers into pivotal service centers in circulation and distribution of goods which greatly aid in production, consumption of domestic goods, export and import, promote overall socio-economic development of the entire country.
3. Development logistics centers towards comprehension, professionalism, and modernity; reasonably associated with development of trade, industry, road transport, waterways transport, rail transport, and air transport, land-use planning, and planning for development of other socio-economic infrastructure systems of various regions in the country; gradually integrate into regional and global markets of logistics services.
4. Development logistics center on the basis of mobilized resources of the society, including resources from foreign investors. Ensure effective mobilization and use of resources for construction and operation of logistics centers nationwide.
5. Development logistics with foci on the basis of defined quantity, scales, locations of logistics centers appropriate for each stage.
6. Development logistics centers in a sustainable way in association with National defense and security, employment creation, reduction of the gap between different regions, saving farm land, environmental protection, green growth, and response to climate change.
7. DEVELOPMENT TARGETS
8. Development a network of logistics centers that satisfy demands of manufacturing and circulation of domestic goods, export and import. Effectively exploiting Vietnam’s logistics service market, especially outsourced, all-inclusive, and integrated logistic services, Apply third-party logistics (3PL) provider model in order to promote development of production and trade through minimization of costs and increase of value added of goods and services of enterprises. Gradually apply fourth-party logistics (4PL) provider and fifth-party logistics (5PL) provider models on the basis of development of electronic commerce and management of a supply chain in a modern, effective, and professional way.
9. By 2020, the growth rate of logistics services is expected to reach 24% – 25% per year, contribution to GDP 10%, ratio of outsourced logistics services 40%, ratio of logistics cost of the whole economy to GDP is expected to reduce by 20%. By 2030, these indicators are expected at 34% – 35% per year, 15%, 65% per year, and 15% – 17% per year.

III. DEVELOPMENT ORIENTATION

1. Development class I national logistics centers who play the roles of original centers. From such original centers, develop class II logistics centers of regions, sub-regions, and economic corridors, follow and aid in circulation of goods from production, import, to consumption, and export of the regions, sub-regions, and along economic corridors; connect to the system of sea ports, ICDs, airports, train stations, road transport network, national checkpoints, international checkpoints, and checkpoints economic zones, industrial parks, and concentrated manufacturing zones, etc.
2. Establish and develop special class logistics centers, firstly special class aviation logistics centers associated with airports, connect to the systems of class I and class II logistics centers for assistance, promote export, import, and transit of goods by multimodal transport to serve input and output of industrial manufacturing in industrial parks, high technology centers, and large-scale concentrated manufacturing areas.
3. DEVELOPMENT PLANNING
4. The planning must:
5. a) be based on the capacity of the logistics services market to serve development of goods circulation, manufacturing, consumption, export and import in various regions of the country; ensure sufficient demand, high concentration, and stable and sustainable development;
6. b) provide convenient connection to transport systems; be appropriate for the transport infrastructure and transport corridors; ensure convenient use of at least a transport method among the network of multimodal transport;
7. c) ensure tight relationship with partners; connect to manufacturers, importers, ports, train stations, bus stations, checkpoints, industrial parks, concentrated manufacturing zones, etc.; connect to customers, especially distributors, wholesalers, retailers, exporters of goods, etc.;
8. d) take advantage of geographical advantages and proximity to goods supply sources such as industrial parks, ports, checkpoints, etc. or markets, customers; locate logistics centers that are near areas that have high and stable consumption, thriving trade, and a wide and dense distribution network;
9. dd) be appropriate for the planning for development of the transport network, land-use planning, and planning for development of other socio-economic infrastructure systems of the region and administrative division; ensure sufficient land area to divide a center into specialized areas and ensure its prolonged development.

Each class I logistics center must be located near or connected to a sea port or international airport, have all services of a logistics center, operate as a port, container depot, bonded warehouse, CFS, the area of which is at least 20 hectares, and able to provide services within a radius of at least 100 km.
Each class II logistics center must be located in an economic center where the market is large or a concentrated areas of production, have some primary functions of a logistics center, operate as a container depot, bonded warehouse, CFS, the area of which is at least 10 hectares, and able to provide services within a radius of at least 50 km.
Special class logistics centers must be connected to or have roads that directly lead to airports. The minimum area of a specialized logistics center is 3 hectares.

1. e) Special class logistics centers associated with airports must be appropriate for the planning and orientation for nationwide development of airport system; focus on providing logistics services serving high technology products, perishable goods, goods of high values, etc.; connect and serve enterprises in modern industrial parks and developed manufacturing technology centers in key economic regions in the North, the Center, and the South in order to firstly optimize the circulation and distribution of modern, sophisticated, of high value, and perishable goods that are inputs and outputs of such enterprises, gradually expand the functions and scope of service provision to temporary import and transit through international airport nationwide.
2. Planning schedule
3. a) In the North: Establish and develop seven class I and class II logistics centers, and one special class logistics center associated with airports in various regions, sub-regions, and economic corridors.

– Red River Delta:
+ Hanoi and adjacent provinces: 01 class I center (North Hanoi logistics center), 01 class II center (South Hanoi logistics center). By 2020 (stage I): North Hanoi logistics center with a minimum area of 20 hectares, South Hanoi logistics center 25 hectares. By 2030 (stage 2): North Hanoi logistics center with an area of over 50 hectares, South Hanoi logistics center over 30 hectares; connected to ICDs, sea ports (Hai Phong, Hon Gai, Cai Lan), and airports (especially Noi Bai International Airport; bus stations, train stations, industrial parks, etc.; operating in Hanoi and adjacent provinces to the North and South of Hanoi. 01 special class aviation logistics center established at Noi Bai International Airport or whose roads directly lead to it and able to connect to multimodal transport with a minimum area of 5 – 7 hectares (stage I) and over 7 hectares (stage II);
+ Economic corridor along the Southeast coast of the North: 01 class II center with a minimum area of 10 hectares by 2020 and over 30 hectares by 2030; operating primarily in Ha Nam, Nam Dinh, Thai Binh, Ninh Binh, and the Southeast of Hanoi; connected to ICDs, sea ports, (Hai Phong, Hon Gai, Cai Lan), airports; bus stations, train stations, industrial parks, etc.;
+ Economic corridor along the Northeast coast of the North: 01 class II center with a minimum area of 20 hectares by 2020 and over 40 hectares by 2030; operating primarily in Hung Yen, Hai Duong, Hai Phong, Quang Ninh, and the Northeast of Hanoi; connected to ICDs, sea ports, (Hai Phong, Hon Gai, Cai Lan), airports; bus stations, train stations, industrial parks, checkpoints (in Quang Ninh province) etc.;
– The Northern midlands and highlands
+ Hanoi – Lang Son economic corridor: 01 class II center with a minimum area of 10 hectares by 2020 and over 20 hectares by 2030; operating primarily in Bac Ninh, Bac Giang, Lang Son, Cao Bang, and Bac Kan, and the Northeast of Hanoi; connected to ICDs, sea ports, (Hai Phong, Hon Gai, Cai Lan), airports; bus stations, train stations, industrial parks, checkpoints (in Quang Ninh province);
+ Hanoi – Lao Cai economic corridor: 01 class II center with a minimum area of 20 hectares by 2020 and over 30 hectares by 2030; operating primarily in Vinh Phuc, Phu Tho, Thai Nguyen, Yen Bai, Lao Cai, Tuyen Quang, and Ha Giang; connected to ICDs, sea ports, (Hai Phong, Hon Gai, Cai Lan), airports; bus stations, train stations, industrial parks, checkpoints (in Lao Cai and Ha Giang provinces)];
+ Economic corridor in the North West of the North: 01 class II center with a minimum area of 10 hectares by 2020 and over 20 hectares by 2030; operating primarily in Phu Tho, Hoa Binh, Son La, Dien Bien, and Lai Chau; connected to ICDs, sea ports, (Hai Phong, Hon Gai, Cai Lan), airports; bus stations, train stations, industrial parks, checkpoints (in Son La, Dien Bien, and Lai Chau province);

1. b) In the Center and the central highlands (Tay Nguyen): Establish and develop six class I and class II logistics centers, and one special class aviation logistics center in various regions, sub-regions, and economic corridors.

– Along the north central coast and central coast:
+ Da Nang city: 01 class I center with a minimum area of 30 hectares by 2020 and over 70 hectares by 2030; operating primarily in Da Nang city and adjacent provinces; connected to ICDs, sea ports, (Da Nang, Ky Ha, Chan May), train stations, bus stations, industrial parks, etc. 01 special class aviation logistics center established at Da Nang International Airport or whose roads directly lead to it with a minimum area of 3 – 4 hectares (stage I) and 7 – 8 hectares (stage II);
+ Economic corridor along Road 8, Road 12A, and north central coast: 01 class II center with a minimum area of 20 hectares by 2020 and over 40 hectares by 2030; operating primarily in Thanh Hoa, Nghe An, Ha Tinh, and Quang Binh; connected to ICDs, sea ports, (Nghi Son, Cua Lo, Hon La, Vung Ang), airports; bus stations, train stations, industrial parks, checkpoints (in Thanh Hoa, Nghe An, Ha Tinh, Quang Ninh);
+ Economic corridor along Road 9: 01 class II center with a minimum area of 10 hectares by 2020 and over 20 hectares by 2030; operating primarily in Thua Thien – Hue, Quang Tri, Quang Binh, and North of Da Nang; connected to ICDs, sea ports, (Hon La, Chan May), airports; bus stations, train stations, industrial parks, checkpoints (in Thua Thien – Hue, Quang Tri, Quang Binh);
+ Economic corridor along Road 14B: 01 class II center with a minimum area of 10 hectares by 2020 and over 20 hectares by 2030; operating primarily in Quang Nam, Quang Ngai, and South of Da Nang; connected to ICDs, sea ports, (Da Nang, Ky Ha, Chan May), airports; bus stations, train stations, industrial parks, checkpoints (in Quang Nam);
+ Economic corridor along Road 19, and south central coast: 01 class II center with a minimum area of 20 hectares by 2020 and over 30 hectares by 2030; operating primarily in Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, and towards provinces of Tay Nguyen region; connected to ICDs, sea ports, (Quy Nhon, Dung Quat, Ba Ngoi), airports; bus stations, train stations, industrial parks, checkpoints (in provinces of Tay Nguyen region);
– Tay Nguyen region:
+ East Truong Son economic corridor: 01 class II center with a minimum area of 10 hectares by 2020 and over 20 hectares by 2030; operating primarily in Kon Tum, Gia Lai, Dak Lak, Dak Nong, and towards coastal provinces; connected to ICDs, sea ports, (in coastal provinces), airports; bus stations, train stations, industrial parks, checkpoints (in Kon Tum, Gia Lai, Dak Lak, Dak Nong);

1. c) The South: Establish and develop five class I and class II logistics centers, and one special class aviation logistics center in various regions, sub-regions, and economic corridors.

– The southeast:
+ Ho Chi Minh City: 02 class II center (to the North and South of the city) with a minimum area of 40 hectares by 2020 and over 70 hectares by 2030; operating primarily in Ho Chi Minh City and adjacent provinces to the north and south; connected to ICDs, sea ports, (Saigon Ports and Ba Ria – Vung Tau ports), train stations, bus stations, industrial parks, etc. 01 special class aviation logistics center established at Tan Son Nhat – Long Thanh International Airports or whose roads directly lead to them with a minimum area of 3 – 4 hectares (stage I) and 7 – 8 hectares (stage II);
+ Economic sub-regions in the provinces to the Northeast of Ho Chi Minh City: 01 class I center with a minimum area of 60 hectares by 2020 and over 100 hectares by 2030; operating primarily in Dong Nai, Ba Ria – Vung Tau, Binh Thuan, Binh Duong, Binh Phuoc, Tay Ninh, Dak Nong, and Lam Dong; connected to ICDs, sea ports, (Saigon Ports and Ba Ria – Vung Tau ports), airports; bus stations, train stations, industrial parks, checkpoints (in Tay Ninh, Binh Phuoc, Dak Nong);
+ Economic sub-regions in the provinces to the Southeast of Ho Chi Minh City: 01 class II center with a minimum area of 20 hectares by 2020 and over 50 hectares by 2030; operating primarily in Long An, Tien Giang, Vinh Long, Dong Thap, and Ben Tre; connected to ICDs, sea ports, (Saigon Ports and Ba Ria – Vung Tau ports), airports; bus stations, train stations, industrial parks, checkpoints (in Long An and Dong Thap);
– + Economic sub-regions in the Mekong Delta: 01 class II center with a minimum area of 30 hectares by 2020 and over 70 hectares by 2030; operating primarily in Can Tho city, Tra Vinh, Hau Giang, Vinh Long, Kien Giang, Ca Mau, Bac Lieu, Soc Trang, and An Giang provinces; connected to ICDs, sea ports, (Can Tho, My Thoi), airports; bus stations, train stations, industrial parks, checkpoints (in Kien Giang and An Giang);

3. Selection of prioritized projects

The list of prioritized logistics center projects during the period 2015 – 2020 is provided in Appendix I to this document.

1. SOLUTIONS AND PRIMARY DEVELOPMENT POLICIES
2. Specify, revise, provide additional mechanisms and policies in order to mobilize the most domestic and overseas resources to development of the logistics center system; encourage and enable enterprises in various economic sectors to invest in construction and operation of logistics centers in various forms in accordance with law; encourage investment in and development of logistics services, including operation of special class logistics centers associated with airports, CFS with special requirements in terms of security, safety, and customs control.
3. Expand and diversify the forms of investment towards intensification of private sector involvement; flexibly apply applicable incentive policies appropriate for the socio-economic conditions of each area in terms of credit, taxes, prices, fees and charges, technology transfers, franchise, etc.
4. Assess, select some key and essential works that play an important role and are able to make an outbreak to apply regulations on PPP investment; give priority to investment in upgrading existing logistics centers that are appropriate for the planning and operating effectively over the past period.
5. Select capable, experienced investors to invest in logistics centers in accordance with this Planning, especially special class aviation logistics centers having special safety and security requirements.
6. Provide sufficient land area for development of the logistics center system. Local government must proactively and flexibly implement land policies to support construction of logistics centers. Hold land use right auction for projects whose locations are advantageous.
7. Pay attention to training of human resources for management, construction, operation of logistics centers. Intensify application of information technology and modern management technologies to organization and operation of logistics centers together with intensification of investment in advanced technical devices in order to ensure that logistics centers perform their functions in a sustainable, highly effective, competitive way that is comparable to regional and global logistics centers.
8. Encourage manufacturing and trading enterprises, especially those that domestically distribute goods, export, and import goods, to use services provided by logistics centers in order to reduce their costs, improve their competitiveness, expand their market share, and advertise their trademarks while motivate development of logistics centers.
9. Improve the quality and effectiveness of state management during the implementation of the logistics center system development planning; ensure compatibility and synchronicity with socio-economic development master plan, transport planning, construction planning, urban planning, and other plannings such as trade planning, plannings for industrial parks, concentrated manufacturing zones, economic zones checkpoint economic zones of various sectors, provinces, and the whole country.
10. Improve the quality of existing transport system; give priority to mobilization of resources to construction of high-speed roads and railroads with high capacity along the North – South and East – West corridors; modernize the system of train stations, ports, depots; develop traffic routes to adjacent countries and Trans-Asian Railway, etc. in order to ensure convenient connection of logistics centers, between logistics centers and production areas, consumption areas, and transport nodes.
11. Keep simplifying customs procedures in order to facility export, import, and transit of goods through Vietnam, which is the basis for development multimodal transport and establishment of regional and international entrepots in Vietnam.

Article 2. Implementation

1. The Ministry of Industry and Trade shall:
2. a) Make the nationwide logistics center system development planning by 2020 and orientation towards 2030 publicly available.
3. b) Take charge and cooperate with other Ministries, agencies, the People’s Committees of provinces relevant to the implementation of nationwide logistics center system development planning by 2020 and orientation towards 2030 publicly available; review, classify logistics centers and announce their classes according to this Planning; conduct periodic inspections of the implementation of this Planning.
4. c) Propose revisions to this Planning to the Prime Minister in order to suit the conditions of each province in case of socio-economic fluctuations and change of demand for logistics services.
5. The Ministry of Planning and Investment shall:
6. a) Take charge and cooperate with other Ministries, agencies, and local governments in providing guidance, review, applying regulations to PPP logistics center construction and operation projects.
7. b) Take charge and cooperate with the Ministry of Finance, relevant Ministries and agencies in reviewing, revising mechanism and policies in order to encourage investment in development of logistics services, including operation of special class aviation logistics centers and CFS logistics centers with special requirements in terms of safety, security, and customs control.
8. The Ministry of Transport:
9. a) Focus on execution of projects for upgrade, improvement, expansion of the transport system; give priority to mobilization of resources to construction of high-speed roads and railroads with high capacity along the North – South and East – West corridors; modernization of the system of train stations, ports, depots; develop traffic routes to adjacent countries and Trans-Asian Railway, etc. in order to ensure convenient connection of logistics centers, between logistics centers and production areas, consumption areas, and transport nodes.
10. b) Provide guidance, conduct inspection of fulfillment of security and safety conditions and other conditions of projects on investment in special class aviation logistics centers and CFS logistics centers
11. Other Ministries, agencies, and the People’s Committees of provinces, within the scope of their functions, tasks and powers, have the responsibility to cooperate with the Ministry of Industry and Trade in organizing the implementation of this Planning, ensure adherence to viewpoints, targets, orientations, solutions, and policies for development of logistics centers in a way that is uniform, comprehensive, and appropriate for development plans of each sector, province, and the whole country.
12. The People’s Committees of provinces have the responsibility to provide sufficient land area to build logistics centers in accordance with this Planning after it is approved.

Article 3. This Decision comes into force from the day on which it is signed.
Article 4. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces are responsible for the implementation of this Decision./.
 

 
APPENDIX I
LIST OF PRIORITIZED LOGISTICS CENTER PROJECTS BY 2020
(promulgated together with the Prime Minister’s Decision No. 1012/QD-TTg dated July 03, 2015)

 
APPENDIX II
PLANNING FOR LOGISTICS CENTERS NATIONWIDE BY 2020 AND ORIENTATION TOWARDS 2030
(promulgated together with the Prime Minister’s Decision No. 1012/QD-TTg dated July 03, 2015)

 
 
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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:

1. Procedures and requirements for:
2. a) Approval for lease of aircraft between Vietnamese and foreign entities;
3. b) Registration of Air Transport Regulation by Vietnam’s airlines;
4. c) Issue and reissue of certificates and licenses related to representative agencies’ operation and sale of tickets by foreign airlines in Vietnam;
5. d) Issue of the certificate of registration for house airway bills;
6. dd) Grant of the freedoms of the air;
7. e) Approval for cooperation agreements directly related to the freedoms of the air
8. 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.
9. 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

1. 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.
2. An operational flight plan of an airline providing air transport services shall indicate:
3. a) Forecast about the domestic and international air transport markets and expected flight routes;
4. 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.
5. c) Expected quantity of aircraft used on the whole networks and on each flight route;
6. d) Resources (finance and human resources) for aircraft operation and maintenance.
7. An operational flight plan of an airline providing general aviation services for commercial purpose shall indicate:
8. a) Forecast about the markets demand;
9. b) Forecast about flight route networks, general aviation area and number of hours of operations
10. c) Expected quantity of aircraft on the whole networks and on each flight route and general aviation areas;
11. d) Resources (finance and human resources) for operation and maintenance.
12. 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:
13. a) For annual operational flight plans: before November 01 of the year proceeding the planned year;
14. 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.
15. 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

1. 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:
2. a) An application form made by using Annex I attached hereto;
3. 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.
4. c) A copy of the leasing agreement;
5. d) Copies of documents certifying the legal status and operating activities of the lessee or lessor, aircraft operator and maintenance worker;
6. dd) Copies of aircraft’s deliverables;
7. 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;
8. g) A description of aircraft brand and image attached outside the leased aircraft
9. 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:
10. a) Reports and/or presentations on the procedures for section of aircraft, competitive offering and assessment of aircraft lease proposals;
11. 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).
12. 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.

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.

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

Article 5.Requirements for aircraft lease

1. Every aircraft lessee shall operate, control and take responsibilities for exercising granted freedoms of the air.
2. 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.
3. Every lessor shall carry the burden of accountability for aircraft lease.
4. 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.
5. 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.
6. 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

1. Every airline shall prepare, register and release its air transport regulation in accordance with regulations of laws.
2. 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

1. 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:
2. a) An application form made by using Annex II attached hereto;
3. d) A copy of the air transport regulation.
4. 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

1. 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.
2. The airline shall be released from the following obligations in case a flight is delayed:
3. 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;
4. 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);
5. c) Compensate for passengers who seat has been confirmed in case of delay under the Minister of Transport’s regulations;
6. 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.

3. 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.
4. In case a flight is called off, the airline shall:
5. a) Notify passengers of reasons for cancellation;
6. b) Fulfill obligations prescribed in clause 2 of this Article;
7. c) Fulfill obligations replacing those prescribed in point b of this clause as agreed by the passengers;
8. 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.
9. 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.
10. In case a flight departs ahead of schedule, the airline shall:
11. a) Notify passengers of reasons for early departure;
12. 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

1. Special passengers are:
2. a) The disabled;
3. b) The elderly;
4. c) Pregnant women;
5. d) Children.
6. 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.
7. Freights and fees for transport of tool aids serving passengers shall be exempted.
8. 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

1. 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:
2. a) An application form made by using Annex III attached hereto;
3. b) Copies of the establishment license or business registration certificate or the equivalent (in Vietnamese or English);
4. c) A copy of the airline operation regulation (made in Vietnamese or English);
5. d) Copies of documents certifying the right of enjoyment of the headquarters in Vietnam where the representative office and/or booking agency is located;
6. 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)
7. 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.

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.

3. 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.
4. 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.
5. 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.
6. 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.

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.

5. 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.
6. 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

1. 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:
2. a) An application form made by using Annex V attached hereto;
3. b) A certified true copy of the business registration certificate or establishment license or the equivalent;
4. c) A copy of the power of attorney between the foreign airline and the delegated enterprise.
5. 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.

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.

3. Every applicant shall pay fees for issue of the certificate of registration under regulations of laws.
4. 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:
5. a) It is requested by the delegated enterprise and the request for revocation is approved by the Civil Aviation Authority of Vietnam;
6. b) The power of attorney between the foreign airline and the delegated enterprise expires.
7. c) The delegated enterprise ceases its operation for 06 consecutive months without any notification to the issuer of the certificate.
8. 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

1. Representative offices, ticket booking agencies and foreign airlines’ Vietnamese representatives in Vietnam shall notify their operation according to the Annex VI attached hereto.
2. 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:
3. a) The name and headquarters of the representative office, ticket booking agency and Vietnamese entity’s business office;
4. b) The name and address of the foreign airline’s headquarters;
5. c) The heads of the representative office, ticket booking office and legal representative of the foreign airline’s Vietnamese representative;
6. d) The list of foreign staff (enclosed with their full name, nationality, passport number and work permit (if any) ;
7. dd) The license and/or registration certificate number, date of issue and expiration date;
8. e) Operating activities of the representative office, ticket booking office and foreign airline’s Vietnamese representative.
9. 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.
10. 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:
11. a) Change in foreign personnel: the report shall be submitted within 10 days from the date of change; or
12. 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

1. The representative office, ticket booking office and foreign airlines’ Vietnamese representative will have their operation ceased if:
2. a) It is requested by the foreign airline;
3. b) The foreign airline ceases its operation under the law of the country where it is located or registered;
4. 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;
5. d) The authorization agreement expires.
6. 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.
7. 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

1. 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:
2. a) An application form made by using Annex IX attached hereto;
3. b) A certified true copy of the business registration certificate; and
4. c) A copy of the house airway bill from the freight forwarder.
5. 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:
6. a) An application form made by using Annex X attached hereto;
7. b) Documents specified in point b and point c clause 1 of this Article;
8. c) A copy of the contract designating the issuer of house airway bills;
9. d) A copy of the house airway bill issued by the foreign freight forwarder; and
10. dd) A copy of the foreign freight forwarder’s business registration certificate or the equivalent.
11. 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.

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.

4. Every applicant shall pay fees for issue of the certificate of registration for house airway bills under regulations of laws.
5. 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:
6. a) It is requested by the enterprise and the request for revocation is approved by the Civil Aviation Authority of Vietnam; or
7. 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

1. Air shipping service is an air transport activity carried out by an airline as stipulated in the Law on Vietnam Civil Aviation.
2. 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;

1. 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:
2. a) An application form made by using Annex XI attached hereto;
3. b) A copy of the aircraft’s operator certificate;
4. c) Reports on expected flight plan and flight routes; and
5. d) Copies of documents certifying the airline’s judicial status and its charter.
6. 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.
7. 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.

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 17. Basis for grant of freedoms of the air

1. Market demand:
2. 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;
3. 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.
4. Airlines’ capacity:
5. a) Financial ability, flight crews and human resources;
6. b) The feasibility of the operational flight plan at the time of application.
7. Balance between the fight network and economic development:
8. a) The capacity of facilities of airports;
9. b) Flight route sustainable development;
10. 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;
11. 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

1. The agreements related to the freedoms of the air include:
2. a) Codeshare agreements; and
3. b) Other types of contracts which aim to operate and exercise the freedoms of the air.
4. A codeshare agreement is an aviation business arrangement in which an airline may use another airline’s flight in Vietnam under its flight number
5. Requirements for a codeshare agreement:
6. 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
7. 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.
8. 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

1. 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:
2. a) An application form made by using Annex XII attached hereto;
3. b) A copy of the cooperation agreement related to the freedoms of the airs
4. 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.

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 20.Requirements for use of freedoms of the air

1. Airlines shall only carry out their transport services within the scope of the granted freedoms of the air.
2. 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

1. Examine and carry out the procedure for recognition of documents on aircraft operations and maintenance under regulations of laws.
2. 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.
3. Assign Vietnam’s airlines to operate essential flight routes at the proper frequency under regulations of laws.
4. Cary out inspection and supervision of:
5. a) The eligibility to be granted the air transport license and general aviation license and introduction of the relevant manual;
6. b) Fulfillment of obligations by Vietnamese and foreign entities and requirements after issue, modification and supplementation of documents prescribed herein;
7. 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.
8. Introduce airline supervision and inspection guideline which specifies:
9. a) The purpose and objectives of inspection and supervision;
10. b) The principles, contents, procedures and methods (including communication and reporting regime) of inspection and supervision
11. 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.
12. 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.
13. Destroy, revoke and suspend licenses, certificates, approval and powers of attorney in the following cases:
14. 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;
15. 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;
16. c) Contractual parties terminate the contract and/or agreement;
17. d) The entity granted the license, certificate, approval or power of attorney falsified applications and reports.
18. dd) Respective documents prescribed herein expire.
19. 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

1. Examine and inspect fulfillment of obligations by Vietnamese and foreign entities and compliance with requirements for operations in airports as stipulated herein.
2. 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

1. This Circular enters into force March 01, 2015.
2. 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.
3. 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./.

 
 
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The post Circular No: 81/2014/TT-BGTVT of December 30, 2014, on air transport and general aviation appeared first on MP Law Firm.

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.
 

The post Oder No. 19/2014/L-CTN on the promulgation of law of December 4, 2014, on the promulgation of law appeared first on MP Law Firm.

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:

1. 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.

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

“Article 8. Contents of state management of civil aviation

1. Promulgating, and organizing the implementation of, legal documents, econo-technical norms, standards, technical regulations, rules and processes related to civil aviation.
2. Formulating, and directing the implementation of, strategies, master plans, plans and policies on development of the civil aviation sector in accordance with law.
3. 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.
4. Planning and managing the building and operation of airports and airfields; managing the use of land in airports and airfields.
5. Managing air carriage activities; inspecting and supervising operations of air carriage enterprises and air service providers.
6. Registering aircraft and rights to aircraft.
7. 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.
8. Granting and recognizing certificates, licenses and other papers and documents related to civil aviation activities.
9. Managing the assurance of security and safety for civil aviation activities; organizing and ensuring security and safety for special flights and special-purpose flights.
10. Managing aircraft search and rescue activities and investigations into aircraft incidents and accidents.
11. Conducting international cooperation on civil aviation.
12. Managing the training and development of human resources for the civil aviation sector, giving health checks to aviation employees.
13. 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.
14. Managing prices, charges and fees in civil aviation activities.
15. Examining, inspecting and settling complaints and denunciations, and handling violations in civil aviation activities.”
16. 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.”

4. 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.

2. 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.”
3. To amend and supplement Article 11 as follows:

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

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.
6. 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.
7. 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.
8. Enterprises may decide on service prices specified at Point b, Clause 4 of this Article and display them under regulations.”
9. 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.”

7. 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

1. 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.
2. 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.
3. 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.
4. 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.”
5. To amend and supplement Article 21 as follows:

“Article 21. Specific provisions on airworthiness standards

1. 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.
2. 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.”

9. To amend and supplement Article 27 as follows:

“Article 27. Specific provisions on aircraft operation

1. 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.
2. The Minister of National Defense shall prescribe the operation of unmanned aircraft and ultralight aerial vehicles.”
3. 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.”

11. 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.”

12. 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.”

13. 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!”

14. 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.”

15. 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.”

16. 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.

3. 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.”
4. 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.”

18. 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.”

19. 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.”

20. 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.”

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

“AIR NAVIGATION ASSURANCE”

22. To amend and supplement Article 95 as follows:

“Article 95. Air navigation assurance

1. Air navigation assurance covers:

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

2. 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.

3. 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.
4. 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.
5. Organizations and individuals with flight operations in flight information regions managed by Vietnam shall be provided with air navigation assurance services.”
6. 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.

3. 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.”
4. 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.”

25. 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.”

26. 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.”

27. To amend and supplement Article 116 as follows:

“Article 116. Air carriage service prices

1. 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.
2. 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.”
3. 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.

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

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

1. 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.

2. 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.
3. The Prime Minister shall decide on special cases in which the air carriage of radioactive materials into or through the Vietnamese territory is permitted.
4. 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.”
5. 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.

4. 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.”
5. 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.”

32. To amend and supplement Article 191 as follows:

“Article 191. Aviation security assurance

1. 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.

2. 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.
3. 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.
4. The Government shall detail this Article.”
5. 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.”

34. To amend and supplement Article 193 as follows:

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

1. 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.
2. 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.
3. The Government shall prescribe conditions, order and procedures for aviation security search.”
4. To amend and supplement Article 195 as follows:

“Article 195. Aviation security control force

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.”
6. To amend and supplement Article 196 as follows:

“Article 196. Aviation security programs and regulations

1. Aviation security programs and regulations define responsibilities of agencies, organizations and individuals involved in implementing processes, procedures and measures to ensure aviation security.
2. 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.

3. 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.
4. 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.”

37. To amend and supplement Article 197 as follows:

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

1. 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.
2. 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.
3. 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.
4. Other organizations and individuals involved in civil aviation activities shall comply with the aviation security law.
5. 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.”
6. 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.”

39. 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.”
40. 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.

1. This Law takes effect on July 1, 2015.
2. 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. –
 

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