Is it possible for airport enterprises to hire an organization to directly operate the airports and aerodromes in Vietnam?

Nội dung chính

• 1. Is it permissible for airport enterprises to hire an organization to directly operate the airports and aerodromes in Vietnam?
• 2. Which key personnel shall be ensured by airport/aerodrome operators in Vietnam?

1. Is it permissible for airport enterprises to hire an organization to directly operate the airports and aerodromes in Vietnam?

Pursuant to Article 5 of the Decree 05/2021/ND-CP stipulating rights and obligations of airport enterprises in Vietnam as follows:

Every airport enterprise has the responsibility and obligation to:

1. 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:

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

b) 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.

2. 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.

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

4. 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.

5. 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.

6. 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.

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

As regulations above, airport enterprises in Vietnam are permissible to hire an organization to directly operate the airports and aerodromes.

2. Which key personnel shall be ensured by airport/aerodrome operators in Vietnam?

Pursuant to Article 6 of the Decree 05/2021/ND-CP stipulating rights and obligations of airport/aerodrome operators in Vietnam as follows:

Every airport/aerodrome operator has the responsibility and obligation to:

1. Ensure a sufficient quantity of key personnel for operating and maintaining the satisfaction of operation condition and safe operation of the airport/aerodrome, including at least:

a) A director or head in charge of aerodrome operation;

b) Persons in charge of the following fields: assessment and reporting of current status of runways; maintenance of aerodrome infrastructure, control of aerodrome quality; management of construction at the aerodrome; management of foreign objects; apron safety, safe operation of runways; safe management of aviation equipment and vehicles operating at the aerodrome.

The Minister of Transport shall elaborate on conditions to be satisfied by and key personnel of the airport/aerodrome operator as prescribed in Clause 1 of this Article.

2. Directly operates the aerodrome, except for the works operated by air navigation enterprises; take total responsibility for operation, security and safety of the aerodrome; ensure environmental safety and service quality in accordance with applicable standards; maintain the satisfaction of the conditions for issuance of the certificate of airport/aerodrome operation.

3. Preside over coordinating provision of services within the areas which are assigned to manage and operate at the airport/aerodrome. To be specific:

a) Preside over cooperating with air navigation service providers in preparing a plan to operate aircraft on runways, taxiways and aprons;

b) Request service providers at the airport/aerodrome to take measures to maintain synchronous and smooth operation of air transport lines;

c) Promptly reach an agreement on resolving difficulties facing service providers at the airport/aerodrome within its jurisdiction to ensure aviation security and safety, passenger service quality and fire safety, control floods and storms, prevent and control diseases and protect the environment; organize aerodrome emergency drills and implementation of aerodrome emergency plans as prescribed;

d) Cooperate with relevant units affiliated to the Ministry of Public Security to take measures to maintain security, order, state secret protection and fire safety as prescribed.

4. Synchronously manage and operate infrastructure and equipment of the airport/aerodrome within the areas which are assigned to manage and operate and aviation infrastructure assets assigned or leased out by the State or receive the right to operate for a certain period of time aviation infrastructure assets in accordance with regulations of law, maintain its compliance with regulations of law and aerodrome operation literature; cooperate in ensuring national defense and security; prepare a disease prevention and control plan and organize the implementation thereof when any disease occurs at the request of the aviation authority.

5. Formulate and request the competent authority to approve, promulgate and organize the implementation of aerodrome operation literature and other documents as prescribed by law.

6. Manage the statistical system regarding quantity of flights, passengers, and cargo at the airport/aerodrome.

7. Maintain aerodrome infrastructure and works assigned or leased to manage and operate and equipment, maintain the satisfaction of operation condition at the airport/aerodrome according to the certificate of airport/aerodrome operation.

8. Preside over cooperating with relevant authorities and units at the airport/aerodrome in implementing the model for cooperation in issuing operation decisions at the airport/aerodrome in accordance with regulations and guidelines of the Ministry of Transport.

9. Preside over and cooperate with air navigation service providers and army units in the airport/aerodrome in negotiating a written agreement on operation at the airport/aerodrome.

10. Preside over building database and system of technologies supporting inspection and supervision of persons and vehicles after being licensed and operating in restricted areas of the airport.

11. Cooperate in disseminating the law on assurance of aviation security and safety and environmental protection of the airport/aerodrome; cooperate in determining boundary, planting and protection of boundary markers of the airport/aerodrome and boundary markers of the airport/aerodrome planning.

12. Share data including database and system of technologies supporting inspection and supervision of persons and vehicles; data on the passenger information system and relevant information system to serve the assurance of operation security and safety at the airport with the airport authorities to serve the inspection and supervision at the airport/aerodrome.

13. Ensure the accuracy and provide aviation information and data, and aeronautical information relating to the airport/aerodrome to regulatory bodies and air navigation service providers upon request.

14. Make an aviation noise map and send it to the CAAV, airports authority  and provincial People’s Committee; cooperate with local governments in reducing noise generated from operation of the airport/aerodrome affecting the residential community surrounding the airport/aerodrome.

15. Take responsibility to the law and airport enterprises for operation of the airport/aerodrome as prescribed.

Best regards!