04 conditions for opening an airport/airfield in Vietnam from December 12, 2015

09:30, 30/10/2015

This is a notable content of the Decree No. 102/2015/NĐ-CP on management and operation of airports and airfields issued by the Government of Vietnam on October 20, 2015.

Điều kiện mở cảng hàng không, sân bay, Nghị định 102/2015/NĐ-CP

Specifically, according to Article 14 of the Decree No. 102/2015/NĐ-CP of the Vietnam’s Government, 04 conditions for opening an airport/airfield include:

- Investment in construction of an airport/airfield must:

+ Conform to the approved airport/airfield planning;

+ Meet technical regulations promulgated by the Ministry of Transport, standards of International Civil Aviation Organization (ICAO), and internal civil aviation standards;

+ Agreed by the Ministry of Transport and the Ministry of National Defense;

+ Comply with regulations of law on investment, construction, and environmental protection.

- Foreign organizations and individuals are not permitted to contribute capital that exceeds 30% of charter capital or total capital of investors to construction of the airport/airfield.

- The airport/airfield is granted a certificate of registration, license for airport operation as prescribed;

- The airspace, flight routes, and flight approach of the airport/airfield have been approved by competent authorities.

The airport/airfield operator shall send 08 sets of the application for opening the airport/airfield to the Ministry of Transport, whether directly or by post or another appropriate manner. The application consists of:

- An application form that contains: name of the airport/airfield; location, scale, type, and level of the airport/airfield;

- Written explanation and evidence for fulfillment of conditions for opening the airport/airfield.

Within 15 days from the day on which the sufficient documents are received, the Ministry of Transport shall carry out appraisal and request the Prime Minister to decide whether to permit the opening of the airport/airfield. If the application is rejected, the Ministry of Transport shall send a written notification to the applicant and provide explanation.

Note: The Ministry of Transport shall announce the opening of airport/airfields under the Prime Minister’s decisions; conversion of domestic airports into international airports according to the master plan for development of the national airport/airfield system.

View more details at the Decree No. 102/2015/NĐ-CP of the Vietnam’s Government, effective from December 12, 2015.

Ty Na

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