What are the conditions and procedures for issuing a license to provide aviation services at airports in Vietnam?
What aviation services are provided at the airport in Vietnam?
The list of aviation services at airports and aerodromes is stipulated in Article 36 of Decree 102/2015/ND-CP as follows:
List of aviation services at airport/aerodrome
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2. List of aviation services at the airport/aerodrome:
a) Passenger terminal operation services;
b) Air operations area services;
c) Cargo terminal and depot operation services;
d) Air navigation services, including air traffic control services, aeronautical information, guiding, supervision services; aviation meteorology services, aeronautical information services; search and rescue services;
dd) Aviation fuel supply services;
e) Ground services;
g) Aircraft repair and maintenance services;
h) In-flight food and drink services;
i) Aviation equipment repair and maintenance services;
k) Technical aviation services;
l) Aviation security services.
Thus, the aviation services provided at airports and aerodromes include the services stipulated above.
Conditions and procedures for issuing a license to provide aviation services at airports and aerodromes
What are the conditions for issuing a license to provide aviation services at airports in Vietnam?
According to Article 65 of the Civil Aviation Law of Vietnam 2006, the regulations regarding enterprises providing aviation services and the conditions for issuing a license to provide aviation services are as follows:
Enterprises providing aviation services at airports and aerodromes
1. Enterprises providing aviation services at airports and aerodromes are conditional business enterprises, whose purpose is to provide services directly related to aviation activities at airports and aerodromes, and they must be granted a license to provide aviation services by the Ministry of Transport based on the development planning of airports and aerodromes.
2. Enterprises providing aviation services are granted a license to provide aviation services when they meet the following conditions:
a) Possess a business registration certificate;
b) Have an organizational structure ensuring the provision of services directly related to aviation activities at airports and aerodromes, with employees holding appropriate licenses and certificates, meeting the expertise and operational requirements at airports and aerodromes;
c) Possess the necessary equipment and conditions to ensure aviation safety and security;
d) Meet the capital requirements as stipulated by the Government of Vietnam.
3. Enterprises applying for a license to provide aviation services must pay a fee.
4. The list of aviation services is stipulated by the Government of Vietnam.
Enterprises providing aviation services must meet the capital requirements stipulated in Clause 2 Article 16 of Decree 92/2016/ND-CP (amended by Clause 15 Article 1 of Decree 89/2019/ND-CP) as follows:
Conditions for issuing a license to provide aviation services at airports and aerodromes
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2. The minimum capital requirements to establish and maintain enterprises providing aviation services at airports and aerodromes are:
a) Providing passenger terminal operation services: 30 billion VND;
b) Providing cargo terminal and warehouse operation services: 30 billion VND;
c) Providing aviation fuel supply services: 30 billion VND.
3. For enterprises providing passenger terminal operation services, cargo terminal and warehouse operation services, aviation fuel supply services, ground technical and commercial services, and aerodrome operation services, the foreign shareholding ratio shall not exceed 30% of the charter capital of the enterprise.
However, under Clause 2 Article 2 of Decree 64/2022/ND-CP, airport enterprises providing passenger terminal operation services, and cargo terminal and warehouse operation services are not required to meet the conditions stipulated in points a and b of this article.
What are the procedures for issuing a license to provide aviation services at airports in Vietnam?
The procedures for issuing a license to provide aviation services at airports in Vietnam are specified in Article 18 of Decree 92/2016/ND-CP (amended and supplemented by Clause 16 Article 1 of Decree 89/2019/ND-CP, and Clause 2, Clause 3 Article 2 of Decree 64/2022/ND-CP) as follows:
- Individuals or organizations applying for a license to provide aviation services at airports must submit 01 application directly or through the postal system, or electronically, or by other means to the Civil Aviation Authority of Vietnam and are responsible for the accuracy and truthfulness of the information in the documents. The documents include:
+ Application form for a license per Form No. 03 in the Annex issued together with this Decree.
+ Copies of explanatory documents from the enterprise regarding compliance with the provisions in Clause 1 Article 16 of this Decree.
+ Original or certified electronic copies from the original capital confirmation documents, except for the cases stipulated in Clause 2a Article 16 of this Decree.
- Within 12 days from the date of receipt of the complete application for a license, the Civil Aviation Authority of Vietnam shall issue the license to provide aviation services at airports as per Form No. 04 in the Annex issued with this Decree. If the license is not issued, a written response stating the reasons must be sent to the applicant.
If the application is not valid, within 03 working days from the receipt of the application, the Civil Aviation Authority of Vietnam must provide written guidance to the applicant to complete the application in accordance with the provisions.
The result notification is carried out at the headquarters of the Civil Aviation Authority of Vietnam or through the postal system, or electronically, or by other appropriate means as prescribed.
- The Civil Aviation Authority of Vietnam shall notify the issuance of the license to the Airport Authority to carry out inspection and supervision tasks.
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