What is airport enterprise? Rights and obligations of airport enterprises in Vietnam

What is airport enterprise? Rights and obligations of airport enterprises in Vietnam (Internet image)

1. What is airport enterprise?

According to Clause 1, Article 3 of Decree 05/2021/ND-CP, airport enterprise means an enterprise that conducts conditional business and organizes management and operation of airports/aerodromes and issued with the airport business license by the Ministry of Transport.

2. Rights and obligations of airport enterprises in Vietnam

Every airport enterprise has the responsibility and obligation to:

- Manage and organize operation of the airport/aerodrome’s infrastructure and equipment under its ownership or assigned or leased out by the State or receive the right to operate for a certain period of time in accordance with regulations of law, including the following methods:

+ Directly manage and operate infrastructure and equipment at the airport/aerodrome, ensuring security, safety and environmental safety as prescribed by law;

+ Assign or hire an organization to directly operate the airport/aerodrome; in this case, the aviation enterprise shall still take legal responsibility for management and operation of the airport/aerodrome.

- Prepare a plan to develop, renovate and expand the airport/aerodrome according to the airport planning approved by the competent authority and suitable for development demand and operation of the airport/aerodrome; organize the investment and construction according to the plan approved by the Ministry of Transport.

- Sign contracts as prescribed with enterprises issued with the license to provide aviation services by the CAAV at the airport/aerodrome.

- Construct, service or maintain security perimeter system and joint use technical infrastructure including internal airport roads outside the aerodrome, power supply works, water supply works, water drainage works, environmental protection works, communication work and other essential works of the airport, except for the works managed and operated by the air navigation enterprise.

- Invest in and equip tools, technologies and software that support and serve the aerodrome control and management according to its capacity and aircraft takeoff and landing time slots, use aprons, cooperate in reaching an agreement to issue decisions at the airport/aerodrome upon request and according to the plan of the competent authority.

- Cooperate with agencies of the Ministry of Public Security and the Ministry of National Defense in ensuring national defense and security at the airport/aerodrome upon request and according to the plan of the competent authority.

- Exercise other rights and obligations as prescribed in Article 64 of the Law on Vietnam Civil Aviation.

(Article 5 of Decree 05/2021/ND-CP)

3. Principles of management and operation of airports and aerodromes in Vietnam

Principles of management and operation of airports and aerodromes in Vietnam are specified in Article 4 of Decree 05/2021/ND-CP as follows:

- Ensure national defense and security; ensure aviation security and safety. Ensure close and effective cooperation between regulatory bodies of the airport/aerodrome; between civil and military aviation agencies/units and related to civil-military aerodromes.

- Every airport/aerodrome operator directly operates the aerodrome, except for the works operated by air navigation enterprises; take responsibility for operation, security and safety of the aerodrome and is issued with the certificate of airport/aerodrome operation.

- Ensure the uniform, synchronous, continuous and effective operation chain of the airport/aerodrome. Ensure service quality, healthy competition, civilization and courteousness; facilitate civil aviation at the airport/aerodrome.

- Ensure comprehensive development of the system of airports/aerodromes, conformity with strategies and planning for transport development, planning for development of airports/aerodromes, local and regional socio-economic development planning, international tendency of civil aviation development, and satisfaction of demand for air transport in Vietnam.

- If necessary for requisitioning partial or total infrastructure of the airport/aerodrome, the State shall comply with regulations of law on purchase and requisitioning of property.

- Airports, aerodromes, and works of the airport/aerodrome infrastructure shall be designed and operated according to the standards of International Civil Aviation Organization (ICAO), technical standards, applicable standards and relevant regulations of law.

- Works of the airport/aerodrome infrastructure must be inspected on a periodic and ad hoc basis and maintained in accordance with applicable design and operation standards and promulgated documents on operation of such works.

- The management of aviation infrastructure assets invested in and managed by the State and aviation infrastructure assets on land and water surface which have yet to be included in state capital in enterprises shall comply with regulations of law on management of public property.

- The management, use and operation of aviation infrastructure related to national defense and national security shall comply with regulations of this Decree and law on protection of important works related to national defense and national security.

- Ensure that the environmental protection complies with regulations of law on environmental protection.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE