Regulations on Leasing Rights to Exploit Aviation Infrastructure Assets

According to Decree 44, leasing the right to exploit aviation infrastructure assets is the State transferring the right to exploit aviation infrastructure assets to enterprises for a certain period of time under a contract, in exchange for a corresponding sum of money.

Authority to Lease

The Prime Minister of the Government of Vietnam shall consider and decide on the leasing method and the duration of leasing the right to exploit aviation infrastructure assets, in accordance with the specific characteristics and nature of each asset, based on the proposal of the Minister of Transport, and with the opinions of the Ministry of Finance, the Ministry of Defense, the Ministry of Public Security, and other relevant agencies.

Dossier for Approval of the Leasing Scheme

The dossier for approval includes:

- The written request for leasing the right to exploit the assets: 01 original copy;- The Scheme for leasing the right to exploit the assets;- Other related documents (if any): 01 photocopy.

Preparation and Approval of the Scheme for Leasing the Right to Exploit Aviation Infrastructure Assets

The agency entrusted with managing the assets shall prepare 01 set of the dossier for leasing the right to exploit aviation infrastructure assets according to the regulations and report to the Ministry of Transport;

- Within 30 days from the date of receipt of the complete dossier, the Ministry of Transport shall consider and issue a document to seek opinions from the Ministry of Finance, the Ministry of Defense, the Ministry of Public Security, and other relevant agencies regarding the Scheme for leasing the right to exploit aviation infrastructure assets;- Within 30 days from the date of receipt of the valid dossier, the Ministry of Finance and relevant agencies shall provide opinions on: the completeness and validity of the dossier; the necessity and suitability of the Scheme within the functions and duties of the unit according to the regulations of the law on management and use of public property, aviation sector laws, and relevant laws; the appropriateness of the basis and method for determining the lease price for the right to exploit aviation infrastructure assets; the contents of the plan that need to be amended and supplemented for suitability;- Within 30 days from the date of receipt of the feedback from the Ministry of Finance and relevant agencies, the Ministry of Transport shall direct the managing agency to absorb, revise, and complete the dossier; based on that, issue a report to the Prime Minister for consideration and approval of the Scheme for leasing the right to exploit the assets within its authority or issue directives in case the Scheme is not suitable.

In consideration of the Scheme for leasing the right to exploit aviation infrastructure assets approved by the Prime Minister, the Ministry of Transport shall direct the entrusted management agency to organize an auction to select the enterprise to lease the right to exploit the assets according to the law on auctions and sign the leasing contract according to legal regulations.

The enterprise selected to participate in the auction must meet the conditions regarding capacity and experience in the field of exploiting aviation infrastructure assets as prescribed by aviation sector laws and relevant laws.

The leasing contract for the right to exploit assets shall include the following main contents:

- Information about the lessor;- Information about the enterprise leasing the right to exploit the assets;- List of assets for leasing the right to exploit;- Duration of the lease; the lease price for the right to exploit aviation infrastructure assets; method and deadline for payment; maintenance responsibilities under the Contract and other necessary contents;- Rights and obligations of the parties, responsibility of the parties in handling contract termination ahead of time;- Responsibility for organizing the implementation.

Decree 44/2018/ND-CP is effective from March 13, 2018.

-Thao Uyen-

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