Land used for civil airports and aerodromes in Vietnam from August 1, 2024

Land used for civil airports and aerodromes in Vietnam from August 1, 2024 (Image from Internet)

On July 30, 2024, the Government of Vietnam issued Decree 102/2024/ND-CP detailing the implementation of some provisions of the Land Law 2024.

Land used for civil airports and aerodromes in Vietnam from August 1, 2024

Article 96 of Decree 102/2024/ND-CP stipulates the land used for civil airports and aerodromes as follows:

- Based on the approved airport planning, the provincial People's Committee presides over, cooperates with the Ministry of Transport and the Ministry of National Defense in determining the boundaries of the land areas used exclusively for civilian activities, land areas used jointly for civilian and military activities managed either by the military or civilians.

- The provincial People's Committee carries out the allocation and leasing of land for civil airports and aerodromes according to the following regulations:

+ Allocating land without land levy to construct headquarters of state agencies, units of the armed forces, infrastructural works of the airport, and other auxiliary works owned by the State according to procedures specified in Clauses 3 and 6 of Article 44 of Decree 102/2024/ND-CP;

+ Renting land to construct items within the airport infrastructure and civil aviation services, non-aviation services not specified in Point a, Clause 2, Article 96 of Decree 102/2024/ND-CP through land use rights auction according to procedures specified in Article 229 of the Land Law 2024 and Article 55 of Decree 102/2024/ND-CP.

If renting land is not subject to investment policy approval or investor approval under investment law, the procedures for renting land are executed according to Clauses 2, 4, and 6 of Article 44 of Decree 102/2024/ND-CP.

If renting land is subject to investment policy approval, investor approval under investment law; renting land without land use rights auction, without choosing an investor through bidding for project execution with land use, and renting land through bidding for project execution with land use, the procedures are executed according to Article 49 of Decree 102/2024/ND-CP;

+ The portions of land allocated to the Airport Authority for management according to Point c, Clause 2, Article 208 of the Land Law 2024 are portions of land that the State has recovered, compensated, supported, resettled for implementing airport planning but have not yet been allocated or leased;

+ When there is a need for new construction investment or upgrades, expanding existing works according to the airport planning approved by the competent state authority within the land under the management of the Airport Authority, the provincial People's Committee will recover the land to allocate or lease according to regulations.

- Within 90 days from the effective date of Decree 102/2024/ND-CP, the Airport Authority is responsible for reviewing and reporting to the provincial People's Committee the areas of land already allocated or leased, and the remaining areas not yet allocated or leased within the total area that the State has assigned to the Airport Authority.

- For lands where existing works are being exploited and used stably but do not conform to the approved airport planning, the provincial People's Committee leases the land based on the land rental application, with annual rent terms until the State recovers the land according to law.

- The Airport Authority is responsible for implementing measures to manage the land allocated by the provincial People's Committee as specified in Point c, Clause 2, Article 96 of Decree 102/2024/ND-CP to ensure aviation security and safety; cooperating with local People's Committees to manage land at civil airports and aerodromes.

More details can be found in Decree 102/2024/ND-CP, which comes into force in Vietnam from August 1, 2024.

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