The Government to agree on comprehensive amendments to the Law on Vietnam civil aviation

The Government to agree on comprehensive amendments to the Law on Vietnam civil aviation (Internet image)

On this matter, LawNet would like to answer as follows:

On February 29, 2024, the Government issued Resolution 26/NQ-CP on the Special Session on Legislative Development, held on February 27, 2024.

The Government to agree on comprehensive amendments to the Law on Vietnam civil aviation

The Government agrees on the necessity of comprehensively amending the Law on Vietnam civil aviation in order to institutionalize the Party's directions and the Government's directives in accordance with international conventions, regulations, and new recommendations of the International Civil Aviation Organization (ICAO). The amendment aims to further improve mechanisms and policies in the field of civil aviation and address obstacles and shortcomings in the implementation of the Law on Vietnam civil aviation regarding aviation safety, aviation security, investment and operation of airports, air transportation, and state management of aviation.

However, the policy proposals from the Ministry of Transport mainly focus on state management requirements. The policy content should provide comprehensive solutions to overcome difficulties and obstacles in terms of mechanisms and policies to attract resources for investment and the efficient operation of airport infrastructure.

The Ministry of Transport continues to improve the Proposed Draft of the Law on Vietnam civil aviation (amended) to ensure the following requirements:

- Continue to thoroughly review the current Law on Vietnam civil aviation, clearly identify difficulties and obstacles arising from legal provisions and practical implementation, and propose policies to solve these difficulties and obstacles, contributing to the development of a modern aviation industry in Vietnam in line with the Party's guidelines and the State's directions.

- Study and propose policies and implementation measures to facilitate the attraction of investment resources, the construction of airports, and the development of a synchronized and modern aviation industry; manage and utilize airport infrastructure assets; ownership, management, operation, and exploitation of facilities and projects; efficient use and maximizing the dual-use of airports; valuation of airport infrastructure assets; and mechanisms for using state-owned infrastructure assets to develop airport infrastructure projects.

- Clarify the investment, construction, and ownership mechanisms of airport companies, land management, and airport infrastructure assets, in coordination with relevant laws; improve policy measures to enhance the quality of airport infrastructure and aviation services, ensure the rights of investors, operators, airlines, and passengers; and develop a competitive, sustainable, and efficient aviation industry.

- Clarify responsibilities and coordination mechanisms among state management agencies, authorities, port authorities, port operators, and relevant entities regarding aviation security and safety; technical issues affecting civil aviation transportation activities, the existing system of civil aviation security and safety; and international cooperation in the field of civil aviation.

- Refer to selected international experiences, adapt and apply them appropriately to the Vietnamese context, rationally incorporate international aviation conventions of which Vietnam is a member; consult experts, scientists, the business community, and affected entities to improve policies and ensure feasibility in practice; enhance policy communication to create consensus.

The Ministry of Transport leads and coordinates with relevant ministries and agencies to fully consider the opinions of Government members; continue to study, propose mechanisms, and policies, implement a comprehensive plan for the socialization of investment and operation of airports after obtaining authorized approval, submit to the Government to address existing problems and practical obstacles in investment, construction, management, and operation of airports; create favorable mechanisms and policies for the development of airport infrastructure, domestic airlines to compete with other countries in the region and the world; improve the Proposed Draft of the Law on Vietnam civil aviation (amendment) in accordance with this Resolution and the provisions of the Law on Promulgation of Legislative Documents 2015.

Deputy Prime Minister Tran Hong Ha is assigned to direct the completion of this Proposed Draft Law.

More details can be found in Resolution 26/NQ-CP, dated February 29, 2024.

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