The Decree 102/2015/nd-Cp: On The Management And Exploitation Of Airports, Airport

Original Language Title: Nghị định 102/2015/NĐ-CP: Về quản lý, khai thác cảng hàng không, sân bay

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THE GOVERNMENT.
Numbers: 102 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 20, 2015

DECREE

In terms of management, port mining, yard three y

_____________

Government Law Base December 25, 200 1 ()

The Civil Aviation Law Base of Vietnam June 29, 2006 and the Amendment Law, which complements some of the provisions of the Civil Aviation Law of Vietnam December 21. 11 in 2014;

The Law of Land Law on 29 May. Ah! 11 in 2013;

Construction of the Law Building on 18 May. 6 in 2014;

On the recommendation of the Minister of Transport,

Ch I'm The government issued a decree on governance. Why? Air port, airport.

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. This decree provides details on management, aviation port mining, airports in Vietnam, including: Principles and responsibilities of the agencies, units involved in management, air port extraction, airport; planning and implementation of the port planning, the airport and airport planning. aviation, airport; open procedure, air port, airport; management operations operate at airports, airports and adjacent areas; airports that share civil and military use; sell, mortgage, lease, capital, capital, and assets attached to the shipping land. No, airport, airport business, airport.

2. This decree applies to organizations, Vietnamese individuals, organizations, foreign individuals related to management, air port mining, airport in Vietnam.

What? 2. Explain the word

1. The airline operator, the airport is the airline's license to receive airline ports, airports.

2. The port infrastructure structure does not include:

a) The structural infrastructure of the airport;

b) The work provides operational assurance services;

c) Public security assurance, airport emergency;

d) airline port works; internal traffic in the port of aviation; power-level work; supply, drainage; lighting works;

The terminal building, the cargo terminal;

e) The work provides service to the ground commercial engineering service; repair services, flight maintenance, aviation equipment; aviation engineering services; aviation services; aviation fuel, aviation fuel.

3. The airport infrastructure structure includes works: landing tracks, rolling roads, parks and structures, airport aids; rooms, anti-explosive fire; airport fences; internal traffic in airports; environmental protection works, and other public parks. The other side of the flight.

4. Property attached to the land at the port of aviation, the airport is the construction of the airline's port infrastructure, the airport being built on land at the port of aviation, the airport.

5. For the lease of the port of aviation port, the airport is the owner of the management of the management, exploiting the airline infrastructure construction, the airport has a deadline for the tenant to provide the corresponding aviation specialty service, which has a cash collection. according to the regulation at this decree and other provisions relevant to the law.

6. The construction of construction by state capital is a construction investment in which state capital accounts account for 30% of the total investment.

7. The construction of other capital construction is the investment in which construction is not built by the state capital.

What? 3. Principles of Management, Port of Airports, Airport

1. Secure the defense, security; security assurance, air safety. Secure coordination, synchrony between the state governing bodies at the port of aviation, airport; between agencies, civil aviation units and military-related military and military use.

2. Make sure the airline is operating, the airport is united, synchrony, continuous, effective. Secure competition for healthy, civilized, polite, facilitally facilitable air operations at airports, airports. Order protection and public interest, customer benefit; environmental protection.

3. To ensure the development of the air port system, the airport is consistent with strategic, planning, transportation development planning, planning, airport development plans, airports, strategies, economic development planning, regional societies, and more. The local population, the global civil aviation development, and the need for the development of Vietnamese air transport.

4. In case of need for defense, security, search, rescue, disaster response, natural disasters, Ministry of Defense, in coordination with the Department of Transport that decided to take part or the entire port infrastructure structure, the airport said in a statement. have compensated for the rule of law.

What? 4. The responsibility of the airline operator, the airport

1. Maintenance for registration of registration, airline certification, airport; maintenance of the service quality assurance at port, airport.

2. Management, harness the infrastructure of infrastructure, equipment, equipment of the port of aviation, the airport of the extent that is assigned to ensure compliance with the regulations of the law, aviation port documentation, airport; maintenance maintenance maintenance, airport, and port. The airport is standard, the technical standard applies; co-ordinated the task of ensuring defence, security, or room, anti-epidemic at the port of aviation, airport.

3. Sign a regulation under the regulation with the business provided by the Vietnam Aviation Administration to provide the corresponding air service at the port of aviation, the airport.

4. Make maintenance, maintenance of the infrastructure, equipment, equipment of the port, the airport is governed by regulation.

5. Make the propaganda, dissemine the law on security assurance, aviation safety.

What? 5. Vietnam Aviation Administration

1. Do the task, the authority of the airline authorities for operations at the port of aviation, the airport by regulation.

2. Deploy and oversee air port planning, the airport is granted the authority to approve. The organization and the Minister of Transportation approx the planning of air port details, the airport. Approx the planning of construction of the function of the port of aviation, the airport. The airport's airport level and technical specifications, the airport.

3. Perform the mission of the state governing body in the appraisal of the project, granting the construction of the airline to the airport, the airport. Monitoring compliance regulations for environmental protection at airports, airports.

4. Transport the reserve airport for the port of aviation, the airport. Guidance, direction of management, exploitation, security assurance, air safety, environmental protection for general aviation operations at the airport, after being authorized by the Ministry of Defense. The announcement of the operation of the airport is on the specified airline information system.

5. Host, coordinate the activities of the state governing bodies at the port of aviation, the airport. The airline's mining capacity, the airport, operates the landing hours, taking off at the port of aviation, the airport.

6. Command the establishment, protection, maintenance of the quality of information systems that guarantee operating at the port of aviation, the airport; the linking of the data network, coordinating the operations of the state governing bodies at the port of aviation, the airport. Statistical data management for flight traffic, passengers, cargo through airline ports, airports.

7. Directed the workplace to work for state management agencies working regularly at the port of aviation, airport. Directed, the Port Authority guidance does not carry out the duties of the state administration at the port, the airport.

8. Practice of propagation, disseminalization of the law on security assurance, aviation safety, air port protection, airport.

9. Do other tasks according to the hierarchy, the mandate of the Minister of Transport.

What? 6. Port Port Authority

1. Do the missions, the powers under the provisions of the Civil Aviation Law of Vietnam.

2. Host, in coordination with local authorities identifying the boundary, organization plug and protection of the landmark, determining the boundary of the vicinity of the port of aviation, the airport.

3. Host, coordination with the agencies, units involved, local authorities carry out the propaganda, disseminalization of the law on security assurance, air safety at the port of aviation, airport.

4. Check, oversee the provision of air service provision, non-air carrier aviation, airport.

5. perform other duties under the authorization of the Director of the Vietnam Aviation Administration.

What? 7. The responsibility of the People ' s Committee of the places with air ports, airports

1. Coordinate the implementation of the planning, determination of the boundary, the boundary, the organization plug and protect the port of aviation port, the airport; determine the boundary of the vicinity of the airline, the airport.

2. Secure the land fund, release the surface to develop an air port system, the airport under the planning of being approved by the state agency.

3. Planning, land use management, security assurance, aviation safety in the vicinity of the port of aviation, airport. Co-ordination of the airport emergency operation, dealing with illegal interference in civil aviation activity by law.

4. Processing of a security breach, air safety in the vicinity of the airline port, airport. The presiding officer, in coordination with the state agency, has jurisdiction in the enforcement of the execution of administrative violations in the field of civil aviation by regulation.

5. Make the propaganda, dissemine the law on security assurance, aviation safety.

Chapter II

PLANNING AND IMPLEMENTATION OF AIR PORT PLANNING, AIRPORTS, EXCEPT FOR DEDICATED AIRPORT.

What? 8. Joint regulation on air port planning, airport

1. Airport planning, airport, including:

a) The master plan to develop an air port system, the national airport;

b) Airport details planning, airport;

c) The detailed planning of the construction of the port, the airport.

2. Request for air port planning, airport

a) In accordance with the strategy, industry development planning, sector or economic development plan-the society of the country, of the region, local;

b) Meet the requirements for defense, security;

c) Meet the development requirement of the Vietnamese aviation industry, in accordance with the international civil aviation development trend;

d) Secure the elements of geography, population, region development, domain; policy of use of agricultural land; sustainable environmental protection;

Secure the safety of the port, the port air, the airport.

3. Airports planning funding, the airport is taken from the state budget source, the funding of the organization, the individual in and out of the country and other legal capital sources.

4. Ministry of Transport for Transport defined economic-technical standards for the establishment, announced air port planning, airport.

What? 9. The overall planning development of the air port system, the nationwide airport

1. The overall planning for the development of the air port system, the nationwide airport, includes the following principal content:

a) To identify the needs and requirements of civil aviation transport, defense assurance, security, service of economic development-the society of the country, regional economic development, local;

b) Define the scale, operator network of the port system, the airport;

c) Define the development planning for each port of aviation, the airport includes: Type, role, location, scale; forecast flights expected to exploit; demand for land use; estimate of investment costs, the proposal of airline port categories, high priority airports, and more. the development and resources;

d) Assessment of the specified strategic environment.

2. The overall ratio of the overall planning map to develop an air port system, the national airport is 1/1,000,000 or larger.

3. File recommended approval of the overall planning for the development of the air port system, the national airport, which includes the following documents:

a) The report of the planning of planning;

b)

c) The published text of the agencies, the related unit;

d) The text of the interpretation of the opinions of the agencies, the relevant unit.

4. The Ministry of Transport is responsible for organizing the organization, the Prime Minister approves the overall planning of developing an air port system, the national airport.

What? 10. Airport detail planning, airport

1. Airport details planning, airports, including the following:

a) The boundary details the operating area of the agencies, defense units and the civil and civil service sector; the area of civil aviation activity; the need for land use; public land area with no business purpose and land area. use for business purposes;

b) The surface limits of the obstacle to the air, the noise map;

c) Location, face by the functions of the port of aviation, airport;

d) The location, the area of the area of the area of the area of the flight; the flight path, the landing, and the landing.

Location, the system of work categories for flight operations; aviation industry, maintenance, ship repair;

e) The location of the construction site of the headquarters, the unit operating at the port of aviation, the airport; the construction site of air service provision, non-aviation service; the medical quarantine area for international air port; the advertising and commercial facilities. Foxes,

g) The network of internal traffic in airports, internal traffic in the port; the route connecting to the public transport line; and the road.

h) The general water system; the emergency water level; the water level for the flying boat; the sewage drainage system; the underground building system;

i) Position, scale of electrical power; power source;

) Position, scale of fuel supply system;

l) Position, emergency system scale, rescue;

m) the planning of the sky, the flight path, and the flight method of serving the airport;

n) Location, station size, technical service area, automobile parking;

o) Position, scale of infrastructure security security, airports;

p) A concentration zone, waste disposal, environmental pollution restriction;

q) Green tree planning;

r) Assessment of the strategic environment;

) Total investment and construction analysis.

2. The ratio of the aviation port details map, the airport is 1/2,000 or larger.

3. The Minister of Transport provides detailed regulation of the sequence, construction procedure, appraisal, approval and disclosure of air port details, airport.

What? 11. Details of the construction of the aviation port, airport

1. Details of the construction of the construction of the port of aviation, the airport, including the following principal contents:

a) System of construction works, engineering: Building area; density, quantity, height and height of construction; the number of land uses;

b) The transport system: scale, level; height control of the clues; typical cross-section;

c) The total investment and investment analysis of the building.

2. The ratio of detailed planning maps to build an air port function, the airport is 1/500 or larger.

3. The Minister of Transport provides details of the sequence, the procedure for construction, the appraisal and approval of the planning of construction of the construction of the port, the airport.

What? 12. Investment Building Investment, Airport

1. The investment of port construction, the airport must ensure the following requirements:

a) In accordance with air port planning, the airport is approved;

b) Technical regulation issued by the Ministry of Transport; in accordance with the standards of the International Civil Aviation Organization (ICAO), the standard of applicable facilities in the civil aviation industry;

c) Being unified by the Ministry of Transport with the Ministry of Defense agreement the construction of air port, airport;

d) comply with the provisions of the law on investment, construction and protection of the environment.

2. Organization, foreign individuals are not allowed to contribute to the investment of a port, airport with a rate exceeding 30% of the charter capital of the project business or the total equity of investors.

3. The investment owner is built on the air port construction, the airport after being delivered land, leasing land under the rule of law.

What? 13. World milestones, air port fences, airports.

1. The port port does not coordinate with the People ' s Committee which places the port of aviation, the airport to determine the boundary, the air port planning landmark, the airport, the airport adjacent to the air port, the airport on the main map, on the boundary map, the landmark. and out of the field.

2. The District People ' s Committee is responsible for coordinating with the Port Authority of the Airline, which protects the airport for air port planning, airport and the vicinity of the airline port, the airport.

3. Airports operators, airports, and land-based units, land-based leasing, land protection, construction and management, maintenance of the fence located within the boundary of land delivered, regulated by regulation.

4. Cost of identifying, marking, marking and managing the port of aviation port, the airport is made from the state budget.

5. Airports operator, the airport is subject to the cost of building a security barrier system, except for the case of a state budget.

Chapter III

OPEN, AIR PORT, AIRPORT, EXCEPT FOR DEDICATED AIRPORT

What? 14. Open port, airport

1. The conditions allow for air port opening, airport:

a) Port of aviation, the airport meets the regulation requirement at paragraph 1 and paragraph 2 Article 12 of this decree;

b) Airports, airports have been issued registration certificates, air port extraction certification, regulatory airport;

c) Port of aviation, the airport has been approved by the state authority to ratiate the skies, routes, and flight methods for the airport.

2. Airports operator, airport sending 8 sets of records offer open air ports, direct airports, through postal systems or other forms of other suitable to the Ministry of Transport. The recommended profile includes the following documents:

a) The proposed text, which includes the contents: Airport name, airport; location, scale, air port type, airport; airport level;

b) The process text, proof of the qualifying for air ports, the airport stipulated at 1 Article.

3 .In the 15-day period, since the day received full notice of an air port, the airport, the Department of Transport for the appraisal, the Prime Minister decided to open the air port, the airport. In the absence of an air port, the airport, the Ministry of Transport must have the text of the offer, stating the reasons.

4. Ministry of Transport for the organization announced the opening of the airline, the airport at the discretion of the Prime Minister; the decision to announce the opening of the domestic air port to the international air port under the overall planning of development of the port, airport and airport. The entire nation is approved.

What? 15. Close the port, airport

1. The closure of the airline, the airport includes the following types:

a) End the operation of the port of aviation, the airport;

b) End of service for international air transport to the international port of aviation.

2. The transport ministry recommended that the Prime Minister decide to close the port of aviation, the airport in the following circumstances:

a) For protection of defense, security;

b) For special reasons affecting the economy-society.

3. The filing of the offer to close the port of aviation, the airport includes the following documents:

a) Text-to-port, airport, including information: Airport, airport; location, scale, air port, airport; airport level; reason, airport airport, airport;

b) The overall method of remediation, handling of matters related to the closure of aviation, airport; and

c) The documents related to the offer to close the port of aviation, the airport.

4. Department of Transport announced the closure of the airline, the airport; in coordination with local government and agencies, the organization involved implementing remedied measures, handling related issues.

What? 16. temporary closure of port, airport

1. All or part of the aviation port infrastructure, the airport is closed temporarily in the following circumstances:

a) The renovation, expansion, repairs to stop the operation of the port of aviation, the airport;

b) Airport extraction certificate, airport revoked, suspended;

c) Disaster, epidemics, environmental pollution, incidents, aviation accidents and other unusual situations threaten aviation safety, aviation security.

2. Vietnam Aviation Administration Department of Transport decides to temporarily close the port of aviation, the airport for the specified cases at Clause 1 Article.

3. At the suggestion of the airline operator, the airport, the Director of the Port Authority does not decide to temporarily close the port of aviation, the airport during no more than 24 hours because of the incident or due to weather conditions to ensure safety, security, and security. No, no, no, no, no, no, no.

4. Vietnam Aviation Administration (for the specified case at paragraph 2 This Article) and Port Authority (for the specified case at paragraph 3 This Article) is responsible for announcing the temporary closure of the airline, the airport on the airline information system according to the report. regulation, inform local authorities, agencies, units, and organizations; direct organizations to implement remedied measures, handle relevant issues.

5. The decision agency to temporarily close the port, the airport decided to allow the port to air, the airport reactivated after temporary reasons were dropped.

6. Ministry of Transport provides detailed sequence of the order, the procedure for the temporary closure of the port, the airport.

Chapter IV

MANAGEMENT OF OPERATIONS IN AVIATION PORT, AIRPORT, EXCEPT FOR DEDICATED AIRPORT.

What? 17. The responsibility of the agencies, organizations, individuals operating at the port of aviation, airport

1. The agencies perform state management functions at the port of aviation, airports, airport operators, airports, businesses that provide airline services and organizations, individuals who offer other services at the port of aviation, the airport is responsible for the airline ' s operations. coordination, maintaining service provision for flight operations in accordance with standard standard, technical regulation applicable, security assurance, air safety, environmental protection.

2. The operator of the airline, the airport, the business offering airline service is responsible for maintaining sufficient work conditions, aviation port equipment, airports, provision of standard aviation services, applicable technical standards; case of incident or failure detection directly to safety, air security, environmental protection must report immediately to the Port Authority and deploy processing measures, timely recovery.

3. Airports operator, airport, business offering operational guarantee flight delivery fee transfer fee transfer fee, airport for the Port Authority of the Ministry of Finance under the provisions of the Ministry of Finance.

4. Enterprise provides air service at the port of aviation, airport, not a service guarantee service or air transport service, which charges the transfer fee to the operator of the port of aviation, airport under the provisions of the Ministry of Finance. Yeah,

5. Airports operators, airports, organizations, individuals who offer specialized aviation services are responsible for providing information, documentation on the implementation of the planning, construction of the work, installation of equipment at the port of aviation, airport, secure security, and security. Security, air safety, air protection for the Port Authority.

6. The operator operator must inform the Port Authority of the airline, the airport operator, the airport information about changing flight plans, delays, being canceled compared to the flight plan to coordinate operating port operations. Aviation, airport.

7. The operator of the aircraft must submit a weight balance, a composite affidavit, passenger list, the cargo manifest of each flight for the Port Authority of the air in the fifth round (five hours after the ship took off or landed or when required breakthroughs). of the Port Authority. The document is sent directly, through the postal system or other forms of fitting. The port of the airline is responsible for keeping the flight documents in the 2 (two) years from the date of adoption.

A carrier operator may be suspended for a flight in the event of a violation of the flight document.

8. Organization, individual business at the port of aviation, the airport is responsible for implementing the provisions of the law on price. The port of aviation has the right to suspend the flight in the event that the airline operator intentionally does not carry out the obligation to pay for the air service that has been offered.

What? 18. Build, renovate, upgrade, maintenance, work repair, installation, maintenance, repair, put into harness equipment at the port of aviation, airport and airport.

1. Construction, renovation, upgrade of construction, installation of equipment at the port of aviation, the airport must be consistent with the purpose of use, air port planning, airport, project, detailed land use plans have been approved by the state agency.

2. The manager, operator of the construction, equipment at the port of aviation, the airport is responsible for the maintenance of maintenance, maintenance, process repair, standard equipment, technical regulation, applicable processes and as prescribed by law.

3. Construction, renovation, upgrade, maintenance, construction, installation, maintenance, equipment repair of the aviation supply facility at the port of aviation, the airport in the following cases must be approved by the Vietnam Aviation Administration:

a) Build, renovate, upgrade to work;

b) Maintenance, process repair, installation, maintenance, repair equipment repair of the work, the basis of a 24-hour air service offering, except for the case of a direct rape to safety, air security required immediately or otherwise. The case was carried out in the absence of flight plans for a continuous flight from 30 days or more.

4. The maintenance, process repair or installation, maintenance, repair of the airline 's port equipment, the airport of the facility providing air service at the port of aviation, the airport in the following cases must first notice the Port Authority' s successor to the airport. Planning, method of execution, safety guarantee for operations in airline port, airport and flight operations:

a) Stop operation of the work, the facility offering air services less than 24 hours;

b) Stop the operation of the work, the basis of a 24-hour air service provider in the event of a direct rape to safety, aviation security needs to be done immediately or the case is done during non-servable flight time. The plan is to fly continuously for less than 30 days.

5. Construction, renovation, upgrade, maintenance, construction, installation, maintenance, equipment repair of the aviation supply facility at the port of aviation, the airport affecting flight operations must be notified under the regulation of news announcement, the report said. No, aviation

6. The following aviation equipment must have a mining license issued by the Civil Aviation Administration of Vietnam before entering into the extraction:

a) Equipment in the field of flight assurance;

b) The installation, the operation at the bay.

7. Rule license at paragraph 6 This is valid for no more than 2 (two) years.

8. The Department of Transport regulates the sequence of the sequence, the procedure approving construction, renovation, upgrading, maintenance, construction, installation, maintenance, repair of aviation equipment at the port of aviation, airport; the construction of the rating, the price for the company. Maintenance, air port repair, airport; grade procedure, recovery license extraction.

What? 19. Put in the extraction, stop exploiting the construction at airline port, airport

1. Airport works, the airport being put into the exploit must ensure sufficient regulatory conditions and standards.

2. Airport works, airports that stop mining must guarantee the normal operational maintenance of the port, the airport, except for the right to close, temporary closure of the port, the airport by regulation.

3. Department of Transport regulates the conditions, sequence, procedures for extraction, cessation of extraction of port, airport.

What? 20. Coordinate of state management activities at airports, airports and airports

1. Vietnam Aviation Administration guides self-implementation procedures for flying boats, passengers, luggage, goods, postal posts on a unified basis with specialized state management agencies involved.

2. Vietnam Aviation Administration hosts a meeting of the annual state governing body or when it is necessary to unify the coordination and settlement of issues that arise for operations in the port of aviation, the airport.

3. The Port Authority does not provide, update the airline ' s port plan, the airport for the relevant state management agency in the port of aviation, the airport; presiding over the monthly association meeting or when necessary to address the issues that arise for the operation of the airline. Airline port, airport.

What? 21. Control of operations at the port of aviation, airport

1. People, objects, vehicles in, leave, operate in the restricted area of the port of aviation, the airport is subject to inspection, security monitoring, air safety, environmental protection under the rule of law.

2. Vietnam Aviation Authority organizes, overseeing the technical registration of the specialized vehicle operating at the port of aviation, the airport.

3. Airport of aviation, recovery of the operational plates of professional vehicles operating at the port of aviation, airport.

What? 22. Coordinate landing, take off at airline port, airport

1. Vietnam Aviation Administration survey, which announced the mining limit of the port of aviation, the airport for the usual flight on the basis of the following factors:

a) The mining conditions of the port of aviation, the airport;

b) The infrastructure structure, the equipment of the port of aviation, the airport;

c) The ability to provide air services at the port of aviation, airport;

d) Power through the airport sky.

2. Vietnam Aviation Administration organization to coordinate the hours, take off the flying boat, use the airport airport on the basis of a planned extraction limit stipulated at Clause 1 This; announced peak hours and management mechanisms, allocation of hours, taking off during rush hour. Point at the airline port, the airport is coordinated.

Chapter V.

THE AIRPORT USES CIVIL AND MILITARY USE.

What? 23. Identilocate the management area at the airport using civil and military use

1. Civil and military use airports serve both civil and military operations.

2. Civil and military joint airports include the following areas:

a) The area of private use for military operation;

b) The area used for civil service;

c) The area of common use for civil and military activity.

What? 24. The airport management uses civil and military.

1. The responsibility for the management of the airport uses civil and military use:

a) The Department of Defense is responsible for managing the area of its own use for military operation;

b) The transport ministry is responsible for the management of the area used for civil service;

c) The Ministry of Transport presided over, in coordination with the Ministry of National Defense defined responsibility for the general use of the common use for civil and military operations.

2. The Ministry of Transport presided over, in coordination with the Ministry of Defence that defined the regional boundary using its own use for civil service, the area used for military operations, the common use area for civil and military operations.

3. Management, airport mining, and military use must be written in writing. The airline operator, the airport presiding, co-ordinated with the provision of the operational guarantee service, the military unit in the aviation port area, the airport building construction airport, which includes the following content:

a) Regional distribution, infrastructure by each side of management, exploitation; management responsibility, exploitation, examination of the common use area for civil and military operations; the level of priority use of the area, the infrastructure of infrastructure in the situations. Break-up, special.

b) Coordinate the provision of flight assurance services, ensuring safety in the bay; the responsibility of the parties in the emergency case of the operation of military aircraft;

c) The minimal equipment and manpower conditions to meet the requirements for civil, military, military, management coordination, joint mining, equipment, service dedicated to civil or military operations in the event of necessity; location, location, and service, and the requirements of the operation. component of duty at the control tower in general when there is mixed flight activity;

d) The responsibility for the notification of civil flight planning, military for relevant units; coordination of information exchange, unified measures of security assurance, aviation safety;

" The specific requirements of every one of the night conditions, the limited visibility for the military aircraft,

e) Coordinate the handling of construction, renovation, upgrade, repair, infrastructure exploitation and equipment in the area dedicated to military operations, civil rights capable of influencing each other's activities.

Chapter VI

SELL, MORTGAGE, LEASE, CAPITAL FINANCING ATTACHED TO THE LAND AT THE PORT OF AVIATION, AIRPORT, EXCEPT FOR DEDICATED AIRPORT.

What? 25. The cases are sold, mortgaged, rental, capital financing attached to the land at the port of aviation, airport

1. The lease of the property attached to the lease land at the port of aviation, the airport is invested in construction by state capital, other capital.

2. The collateral attached to the lease land at the port of aviation, the airport is invested in construction by state capital, other capital.

3. Sell the property attached to the leased land at the port of aviation, the airport is invested in construction by another source of capital.

4. Contributs to the property attached to the leased land at the port of aviation, the airport is invested in construction by other sources of capital.

What? 26. The cases are not sold, mortgaged, leased, financed by property attached to the land at the port, airport.

1. Sell, mortgage, lease, fund the airport infrastructure.

2. Sell, mortgage, lease, venture capital to provide air traffic provision, air news notification service, search for rescue; aviation security assurance work.

3. Sell, capital of the port infrastructure that is not invested in state capital.

What? 27. Joint Principles on the sale, mortgage, rental, capital contribution attached to land at the port of aviation, airport and airport.

1. The sale, mortgage, lease, equity contribution to the stipulated land at Article 25 of this decree is made only within the jurisdiction of the property, the business rights of the organization, the individual sold, the lease, the capital, the capital; not changed. The function of the airline under air port planning, the airport has been approved, the purpose of using the land; not interrupting or affecting the operation of the port of aviation, the airport; does not affect the business rights, exploitation of businesses and businesses. Other than the rules of law.

2. The organization buys, hires, receiving funds that must maintain sufficient work to exploit the work, provide the right services to the process and meet the requirements relevant to aviation safety, air security, environmental protection and compliance with the planning, plan, and plan. is an upgrade, expansion of the port of aviation, airport under the rule of law; adhering to the laws of the law on the sale of aviation services; not to take advantage of the exclusive status to perform unhealthy competitive behaviors,

3. The organization sells, leasing, which has to maintain the provision of airline services until the organization buys, hire, receive sufficient management capacity, exploit the work and be granted a license to provide a non-corresponding service in accordance with the provisions of the law.

4. The organization of the sale, mortgage, lease, which funds to deposit the contract signed to the Vietnam Aviation Administration in the period of 3 (three) days of work since the date of the signed contract.

5. The sale, lease, capital to the property attached to the land at the port of aviation, the airport is carried out by regulation at this Decree and other provisions relevant to the law. In the event that the organization buys, hires, receives capital not to implement regulatory requirements, the Ministry of Transport considers the decision to end its management, exploit the organization's work to reorganize the management, exploitation of the work in accordance with regulations. The Ministry of Transport's decision is the base for the parties to contract the contract to make the contract liquing under the rule of law.

What? 28. The option of buying, renting, receiving equity for the property attached to the land leased at the port of aviation, airport

1. It is a business that has legal status under the rule of law.

2. There is a financial capacity that is consistent with the requirements of the business type that provides the corresponding air service.

3. There is a method to meet management requirements, process mining, provide an interactive air service.

What? 29. The asset rental method attached to the land leased at the port of aviation, the airport was invested in construction by state capital.

1. The person who is entrusted by the State of the property to lease the property, the Ministry of Transport for the organization of the appraisal.

2. Asset leasing methods include the following main content:

a) The name of the organization for rent;

b) The catalogue and specification of the work;

c) The asset value of the work;

d) The deadline for rent;

The price of rent;

e) Conditions for rent;

g) the ability to recover investment;

h) the powers, obligations, and responsibilities of the lease and the tenant;

i) The conditions and forms of organization selection;

l) The time of the choice of the tenant;

l) The method of maintaining the process of building works; providing the corresponding air service;

m) Roadmap, upgrade, extension of the process.

What? 30. The procedure of approving asset rental methods attached to the land leased at the port of aviation, the airport is invested in construction by state capital.

1. File recommended approval of a property lease scheme, including:

a) The text of the approval recommendation, which includes the information: Name, address of the proposed organization; airline port name, airport; name and location location;

b) The lease method.

2. The organization for hiring a deposit of 8 sets of records recommended approval of a direct asset lease, through the postal system or by other forms of other fitting to the Ministry of Transport.

3. The case of full profile by statute, for a 45-day period, since the date of the valid filing of valid records, the Ministry of Transport presided over, in coordination with the ministries: Defense, Planning and Investment, Finance to hold appraisal; the Prime Minister considers, decision.

Case case is not valid, the Ministry of Transport must have a text that answers the recommended person and guide the completion of the specified profile.

What? 31. The rental price attached to the leased land at the port of aviation, the airport is invested in construction by state capital.

1. The price method for the lease of the property is built in accordance with the regulations at this decree and the provisions of the law on price.

2. The rental price includes the following categories:

a) The fixed price is the price on the basis of the annual process depreciation rate, loan payout and interest (if available), the cost of serving the management of the work and other expenses as specified; the lease price is not less than the fixed price.

b) The change price is the price the percentage (%) of the annual process extraction revenue.

3. The rental price is defined on the basis of the following main content:

a) The asset value of the work;

b) The function, the specification of the work;

c) Conditions for lease;

d) the powers, obligations, and responsibilities of the parties;

Other necessary conditions.

4. The rental price in the lease is not lower than the approved price method.

5. The rental price in the rental contract is adjusted in the following cases:

a) periodically five (five) five times;

b) When Vietnam ' s inflation rate is over 15% /year;

c) Other cases are proposed by the parties concerned and approved by the state authority to approve the approval price method.

6. The Ministry of Finance approves price-to-asset pricing methodology, which regulates the price for asset leasing at the recommendation of the Ministry of Transport.

What? 32. The procedure of selecting a property lease attached to the land leased at the port of aviation, the airport is invested in construction by state capital.

1. The asset leasing organization sent 8 sets of recommended records that approve the selection of the lease organization directly, through the postal system or by other forms of other fitting to the Ministry of Transport.

2. The recommended filing approx the bid for the bid to include the following documents:

a) The text of the approval recommendation, which includes the information: Name, address of the proposed organization; airline port name, airport; name and location location;

b) The tender invitation to the provisions of the Ministry of Transport.

3. The complete case case is prescribed at Section 2 This Article, for a 45-day period, since the date of receiving enough records, the Department of Transportation approx the tender offer.

In the absence of approval, the Ministry of Transport must have the text of the offer, stating the reason.

4. The selection of the hired business is carried out by regulation at this decree and the relevant regulations of the law on bidding.

5. Enterprise is required to implement a license to obtain a license to provide a non-regulated airline service.

What? 33. Property lease attached to the lease land at the port of aviation, the airport is invested in construction by state capital.

1. The lease for the property that is attached to the tenant land is signed, which performs on the basis of the lease, the resulting organization selection.

2. The main content of the rental contract, including:

a) Name, address, account number of the stakeholders;

b) The price for rent;

c) Conditions, method of payment;

d) List of works;

The right and the duty of the parties;

e) The condition, the order to adjust the contract;

g) The regulation of the lease of the lease is approved by the state authority as an inseparable part of the contract;

h) The timing of the beginning has the effect of the contract; the contract deadline;

i) Resolve disputes.

3. The lease has a deadline of no more than 30 years and can be extended by the Minister of Transport for no more than 20 years.

4. Asset leasing is preferred to use on the following purposes:

a) Construction investment, maintenance, repair, upgrade, renovation, expansion of airline port infrastructure, airport;

b) The cost of the lease.

5. Ministry of Transport decides the method of recording, file and use of a property lease attached to the land leased at the port of aviation, the airport is invested in state capital after reunification with the Ministry of Finance.

What? 34. The collateral attached to the lease land at the port of aviation, the airport is invested in construction by state capital.

1. The person who was given the property by the state's asset to the property mortgage, sent 8 sets of proposed files to approve the mortgage, through the postal system or other forms of other fitting to the Ministry of Transport.

2. The filing recommended that the mortgage plan include the following documents:

a) The document proposed the agreement, which includes the information: Name, address of the proposed organization; airline port name, airport; catalogue and specification of the work;

b) The presentation of the following events: Value of the work; conditions, the form of choice of the acceptance credit organization; the mortgage; the mortgage; the mortgage value; the mortgage condition; the mortgage, the obligation, obligations, and responsibilities of the mortgage. and accept the mortgage; the method of maintaining the process of exploitation of the work, providing the corresponding air service; the course of renovation, upgrade, expansion of the building.

3. The complete case case is prescribed at Section 2 This Article, for a 45-day period, since the date of receiving enough records, the Ministry of Transport approved the method.

In the absence of approval, the Ministry of Transport must have the text of the offer, stating the reason.

4. The approved mortgage base base, who is governed by the State of the property by the property of the property by the regulation of the relevant law. The mortgage content was not left with the content of the approved mortgage methodology and the provisions of this decree.

What? 35. Sell, mortgage, lease, equity financing attached to the land leased to the port of aviation, the airport is invested in construction by other capital.

1. Property owners send 8 sets of records that offer a deal to deal with the sale, mortgage, lease, direct capital, through postal systems or by other forms of appropriate form to the Ministry of Transport.

2. The recommended profile includes the following documents:

a) The document proposed the agreement, which includes the information: Name, address of the proposed organization; airline port name, airport; catalogue and specification of the work;

b) The process text, which demonstrates the compliance of the corresponding regulations at Article 27, Article 28 and Article 37 of this decree.

3. The complete case case is prescribed at Section 2 This Article, for a 45-day period, since the date of receiving enough records, the Department of Transportation deals with the method.

In case of not accepting the agreement, the Department of Transportation must have the text that answers the offer, stating the reason.

4. The agreement base of the Ministry of Transport, the property owner that performs the sale, mortgage, lease, which contributes to the property by the provisions of the relevant law. The content of the contract sold, the mortgage, the lease, which was not opposed to the provisions of this decree.

5. The buyer, lease, received the equity of the property attached to the leased land at the port of aviation, the airport being invested in construction by other capital must carry out the procedure to apply for a license to provide a non-regulated airline service.

Chapter VII.

BUSINESS OPERATIONS AT THE PORT OF AVIATION, AIRPORT, EXCEPT FOR DEDICATED AIRPORT

What? 36. Catalog of aviation services at airports, airports

1. Airports air service, airports are direct-related services to aircraft carriers, mining, carrier maintenance, aviation equipment, air transport, flight operations.

2. Catalog of aviation services at the port of aviation, the airport includes:

a) The service of the passenger terminal;

b) Airport extraction service;

c) terminal extraction services, warehouses;

d) Active service assurance services, including non-saving services, information services, navigation, surveillance; aviation meteorological services; air news notification services; rescue search services;

No, no, no, no, no.

e) Land commercial engineering services;

g) Fix service, flight maintenance;

h) Service yield service;

i) The repair service, the maintenance of the aviation equipment;

n) Digital engineering service;

l) Security security security.

What? 37. The minimum capital for the establishment and maintenance of the business conditions of the airline port business, the business provides air services at the port of aviation, airport and airport.

1. For the airline port business:

a) Business at the international air port: 200 (two hundred) of Vietnam;

b) Business at the domestic air port: 100 (one hundred) billion Vietnam.

2. For the business of providing non-regulation services at points a, b, c, d, e, e, g and h Clap 2 Article 36 of this decree: 30 (thirty) billion Vietnam.

3. Enterprise offers a non-regulation service at the points i, k and l Clause 2 Article 36 of this decree: 10 (ten) billion Vietnamese.

4. In case the business offers a variety of air services that apply the regulation of the highest minimum capital level specified in Clauses 1, 2 and 3 This.

5. Airport business, the business offering airline service at the port of aviation, the airport must be a Vietnamese legal.

6. Enterprise provides air traffic, air news notification services, search services, and rescue services must be a 100% business in state capital.

7. For the airline port business, the business provides airport extraction services, information services, navigation, surveillance, air-air service:

a) The state capital rate is not less than 65% of the charter capital;

b) The capital rate of foreign investors is not exceeding 30% of the charter capital.

8. For the business that provides passenger terminal services, cargo terminals, air supply services, air service services, and land-based commercial services, the capital rate of foreign investors is not exceeding 30% of the charter capital.

9. airlines do not account for more than 30% of the charter capital rate to:

a) Port Enterprise;

b) The business provides the service of passenger terminal or cargo terminal.

10. Corporate regulation at Section 7 and Section 8 This must register a change in shareholder change from 5% of the charter capital to the Vietnam Aviation Administration for 30 days, since the date of the change.

11. The document confirms capital to be granted a license to the port of airline business, the license to provide air services at the port of aviation, the airport is regulated as follows:

a) For the contribution of Vietnam and foreign currency to the free trade: The text of the credit organization confirms the payment of the blockade at the organization's credit organization, the individual offering the license grant; the release of the blockade payment at the credit organization is only available. is done after the organization, the individual is granted a license or when the organization, the individual receives a written notice of rejection;

b) For equity, real estate for business purposes: The text of the valuation organization has the authority to confirm the value of the value of the property, real estate;

c) The organization, personally confirming the capital of the business is responsible for the accuracy, honesty of the data at the time of confirmation;

d) For the airline port business, the business offering airline services is exploiting that there is a need to join the supply of an aviation service portfolio that can use the Balance Sheet in financial reporting no more than 03 months as of time. the bank ' s proposed point or bail paper as the appropriate capital confirmation;

In the United States, the airline's port business offers airline services that are responsible for maintaining minimum equity in accordance with regulations.

12. Vietnam Aviation Administration examines compliance with the capital's capital regulations; suspended or revoked the airline's port business license, the license to provide airline service to the breach business.

What? 38. Operated port business

1. The airline business is not a conditional business. Airport port certification, airport and airport business license, permit air service in airline port, airport.

2. The airline business does not decide for the organization, the individual who hires the face by its management, uses its use to provide non-regulated non-aviation services.

3. Sales of the Port Authority does not sign a regulation under regulation for the business granted by the Vietnam Aviation Administration to provide air services at the port of aviation, the airport for a 30-day deadline since the date of its offer. Business offers airline service.

What? 39. Provide air service at airports, airports and airports

1. Enterprise offers airline service at the port of aviation, the airport is a conditional business enterprise. The license to provide air service at the port of aviation, the airport is granted a base to the air port planning, the airport, the regulation of the law in relation to the type of corresponding service type, the response of the infrastructure structure and the ability to supply the units. You are providing services at the airport, the airport, except for the circumstances specified at Article 2 of this.

2. The basis for the exploitation of the operational guarantee service by law on the guarantee of flight operations and the provision of air service at the port of aviation, the airport of the business provides an operational guarantee of operations. Fly.

3. Enterprise provides airline service at the port of aviation, the airport offers services within the range of licenses issued; delivered or leased land and the investment building works that provide services in accordance with the provisions of the law; signing of the contract to the contract. The airport is open to the operator of the airline, the airport.

4. Enterprise offers airline service at the port of aviation, the airport must have a backup plan to ensure continuous service provision, not disrupts to air operations, to be allowed to carry out and take responsibility for the cessation of the service supply. The case is under the rules of the contract and is consistent with the rule of law. The unilateral cessation of service provision must be reported in advance by text sent to the Vietnam Aviation Administration and the previous report for a minimum relevant partner is 7 (seven) working days prior to the expected cessation of service provision, stating the reasons.

5. Base to the actual conditions of the port of aviation, the airport, the Vietnam Aviation Administration directed the provision of air service at the port of aviation, the airport meets the demand for extraction and assurance of healthy competition; the signing of the mining contract. between the business providing airline services and airline operators, airports; test-factor factors, price-to-price trade offers in the required case; suspended or revoked the license to provide services for the service of the airline. For example, the airline is not for a serious violation of the laws of law.

6. Enterprise offers airline service at the port of aviation, airports must comply with regulations on security assurance, air safety, fire prevention, firefighting, environmental hygiene, service prices, standard assurance, quality of service.

7. Department of Transport provides details on the supply of air service at the port of aviation, airport; the licensing procedure provides air services at the port of aviation, airport.

What? 40. Provide non-air service at airports

1. The organization of the supply of non-air service at the port of aviation is not affected by the ability to supply and the quality of air transport services. The organization's organization providing non-air service in the terminal is required to comply with air port, airport. Not to hold a non-aviation service at the airport, except for necessary services such as lawn mowing, construction, installation, sanitation, repair, maintenance, maintenance, and equipment.

2. The provision of non-cargo service at the port does not have to ensure a reasonable price, meet the service needs, in accordance with the nature, scale, and conditions of the airline's port infrastructure. The choice of the organization, the individual who provides non-air service at the port of aviation, is built by a state capital that must follow the principle of competitive bidding, antitrust.

3. The Vietnam Aviation Administration oversees the organization of providing a non-aviation service that does not meet the demand at the port of aviation; test factor formation, the case needs pricing or price frameworks; suspend or cancel the contract to provide non-aircraft services. For example, the individual violates the rules of the law.

4. Organization, individuals who provide non-air service at the port of aviation must comply with regulations on air security guarantees, air safety, fire prevention, firefighting, environmental hygiene, food safety sanitation, service prices; standard assurance, food security, and more. the quality of services, products sold; publicly listed; civilisable, polite, thoughtful.

5. Department of Transport provides details on the supply of non-air service at the port of aviation.

Chapter VIII

EXECUTION CLAUSE

What? 41.

This decree has the enforcement effect since December 12, 2015 and replaces the Protocol No. 1. 83 /2007/NĐ-CP 25 May 2007 of the Government on Management, Airports of Airports, Airport.

What? 42. Organization to execute

Ministers, peer-to-peer agencies, government ministers of the government, Chairman of the People's Committee of the Provinces, the Central City of the Central Committee and the relevant agencies responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung