Infrastructure of the airfield must not be sold, mortgaged, leased out, or contributed as capital in Vietnam

10:05, 30/10/2015

Recently, the Government of Vietnam has issued the Decree No. 102/2015/NĐ-CP on management and operation of airports and airfields.

Không được bán, thế chấp, cho thuê, góp vốn bằng kết cấu hạ tầng sân bay, Nghị định 102/2015/NĐ-CP

According to Article 26 of the Decree No. 102/2015/NĐ-CP of the Vietnam’s Government, cases in which property on airport/airfield land must not be sold, mortgaged, leased out, or contributed as capital include:

(1) Infrastructure of the airfield must not be sold, mortgaged, leased out, or contributed as capital.

(2) Construction works serving the provision of air traffic control services, aeronautical information notification, search and rescue, aviation security must not be sold, mortgaged, leased out, or contributed as capital.

(3) Infrastructure of an airport invested by state budget must not be sold or contributed as capital.

On the other hand, according to Article 25 of the Decree No. 102/2015/NĐ-CP of the Vietnam’s Government, cases in which property on airport/airfield land may be sold, mortgaged, leased out, contributed as capital include:

- Property on leased land at the airport/airfield invested by state budget and other capital sources may be leased out.

- Property on leased land at the airport/airfield invested by state budget and other capital sources may be mortgaged.

- Property on leased land at the airport/airfield invested by capital sources other than state budget may be sold.

- Property on leased land at the airport/airfield invested by capital sources other than state budget may be contributed as capital.

Note: The sale, mortgage, lease, contribution of property on land may only be done within the right to property and right to do business of the seller/mortgagor/lessor/contributor, and must not change the functions of the construction works according to the approved airport/airfield planning or land use purpose, not interrupt or affect the operation of the airport/airfield; not affect the right to use and do business of other enterprises as prescribed by law.

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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