Foreign organizations are not permitted to contribute capital that exceeds 30% of charter capital to construction of the airport/airfield in Vietnam

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.

Tổ chức nước ngoài không được góp vốn ĐTXD cảng hàng không, sân bay vượt quá 30% VĐL , Nghị định 102/2015/NĐ-CP

Specifically, according to Article 12 of the Decree No. 102/2015/NĐ-CP of the Vietnam’s Government, 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.

Concurrently, 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.

Note: Investors may commence the construction of the airport/airfield after land is allocated or leased as prescribed by law.

Besides, the Decree No. 102/2015/NĐ-CP also stipulates 05 requirements for airport/airfield planning as follows:

Firstly, airport/airfield planning must conform to development strategy, planning of the sector or national, local socio-economic development plans;

Secondly, airport/airfield planning must meet requirements for assurance of national defense and security;

Thirdly, airport/airfield planning must meet demand for development of Vietnam’s aviation industry and development tendency of international civil aviation;

Fourthly, airport/airfield planning must meet requirements in terms of geography, population, local development; policies on use of agricultural land; sustainable environmental protection;

Finally, airport/airfield planning must ensure safe and effective operation of the airport/airfield.

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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