THE MINISTRY OF
TRANSPORT OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 14/VBHN-BGTVT
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Hanoi, May 03,
2024
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DECREE
PRESCRIBING CONDITIONAL
BUSINESS LINES IN CIVIL AVIATION INDUSTRY
The Government’s Decree No. 92/2016/ND-CP dated
July 01, 2016 prescribing conditional business lines in civil aviation
industry, coming into force from July 01, 2016, is amended by:
1. The Government’s Decree No. 89/2019/ND-CP dated
November 15, 2019 providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated April
08, 2013 prescribing air transport service business and general aviation
activities, which comes into force from January 01, 2020.
2. The Government’s Decree No. 64/2022/ND-CP dated
September 15, 2022 providing amendments to Decrees on business operations in
civil aviation industry, coming into force from September 15, 2022.
3. The Government’s Decree No. 15/2024/ND-CP dated
February 16, 2024 providing amendments to the Government’s Decree No.
30/2013/ND-CP dated April 08, 2013 prescribing air transport service business
and general aviation activities and the Government’s Decree No. 92/2016/ND-CP
dated July 01, 2016 prescribing conditional business lines in civil aviation
industry, which comes into force from February 16, 2024.
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Civil Aviation of Vietnam
dated June 29, 2006, and the Law on amendments to the Law on Civil Aviation of
Vietnam dated November 21, 2014;
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At the request of the Minister of Transport of
Vietnam;
The Government promulgates a Decree prescribing
conditional business lines in the civil aviation industry. [1]
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with conditional business
lines in the civil aviation industry, including:
a) Air transport business;
b) Airport or airdrome business;
c) Airport or airdrome service business;
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dd) Air navigation service business;
e) Aviation staff training, coaching and mentoring
service business.
2. This Decree shall not apply to specialized
aerodromes.
Article 2. Regulated entities
This Decree shall apply to organizations or
individuals engaged in conditional business lines in the civil aviation
industry within the territory of Vietnam.
Article 3. Definitions
1. “airport or airdrome service business” refers to
the provision of services directly involved in aircraft operations, air
transport operations and flight operations at airports or airdromes.
2. “airport business” refers to profitable airfield
and other airport infrastructure operations under the authority of airport
corporations.
3. “air transport business” includes two forms of
air transport service business and general aviation service business.
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b) General aviation service business refers to
profitable general aviation operation services performed by aircraft other than
unmanned aircraft systems or ultralight aircraft vehicles as defined in Article
21 of the Law on Vietnam Civil Aviation.
Article 4. Capital confirmation
1. The confirmation of capital contribution shall
conform to the following regulations:
a) With respect to the capital contribution
denominated in Vietnamese dong and a freely convertible foreign currency, it
shall be a credit institution’s confirmation of escrow fund of the organization
or individual applying for a license (hereinafter referred to as “applicant”).
The release of escrow fund held by the credit institution shall only be
performed after the applicant obtains a license, or otherwise receives a
written notification of refusal to issue such license;
b) With respect to the capital contribution made in
the form of an asset directly serving business purposes, it shall be the
certificate of valuation issued by a competent valuation body to attest the
monetary value of the contributed asset on the date of preparation of an
application dossier for a license in accordance with laws on valuation;
c) [2]
Enterprises currently involved in conditional business lines in the civil
aviation industry which increase or reduce their capital to satisfy
requirements concerning capital for expanding or narrowing scope of business,
adding or reducing other conditional business lines specified in this Decree
may use their financial statements receiving an auditor’s unqualified opinion
of the year immediately preceding the date of submission of the application
dossier, or the bank guarantee as a capital confirmation, or submit the
statement of changes in capital audited at the date of submission of the
application dossier.
2. With respect to enterprises involved in multiple
conditional business lines referred to herein, the minimum applicable amount of
capital is the highest level of capital required in all of business lines.
3. Any organization or individual directly
providing a confirmation of capital owned by an enterprise shall assume
responsibility for accuracy and authenticity of data on the date of such
confirmation.
Chapter II
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Article 5. Eligibility requirements for air
transport business [3]
1. Meet requirements concerning plans to ensure availability
of aircraft for operations, organizational machinery, capital, business plans
and product development tactics referred to in Article 6, 7, 8, 9 hereof.
2. Regulations laid down in this Chapter shall not
apply to training, coaching or mentoring services provided to crew members, and
coaches.
Article 6. Requirements concerning plans to
ensure availability of aircraft for operations[4]
1. A plan to ensure that aircraft is available for
operations shall include the following contents:
a) The number, type and service life of aircraft;
b) The form of ownership;
c) Operation and maintenance planning and
scheduling, and arrangements for personnel to meet aircraft operation and
maintenance requirements;
2. The minimum number of aircraft required for the
entire process of providing air transport services is 03; for general aviation
services is 01.
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1. Maintain an organizational machinery having
competence in implementing the system for aircraft safety, security management,
operations, maintenance, flight training and ground handling activities.
2. Appoint the person responsible for the system
for aircraft safety, security management and operation, and aircraft
maintenance and flight training, who must acquire the minimum of 03 years’
continuously working experience related to his/her appointment, and achieve
certificates or degrees which are issued or recognized in accordance with
regulations of law on civil aviation.
3. With regard to foreign-invested enterprises, the
number of foreign members shall not exceed one third of total membership
participating in the management board. The management board as the basis for
calculation of this ratio shall be composed of:
a) Director General (Director), Deputy Director
General (Deputy Director);
b) Chief accountant;
c) Persons taking charge of specific activities,
such as safety management system; aircraft operations; aircraft maintenance;
aircrew training and persons holding equivalent positions according to the
enterprises’ organizational machinery.
Article 8. Requirements concerning capital[6]
1. The minimum amount of capital (including equity
and loans) required for establishment and maintenance of an airline shall
comply with the following regulations:
a) With regard to an airline operating up to 10
aircrafts, the minimum amount of capital shall be VND 300 billion;
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c) With regard to an airline operating more than 30
aircrafts, the minimum amount of capital shall be VND 700 billion.
2. The minimum amount of capital required for
establishment and maintenance of a general aviation enterprise shall be VND 100
billion.
3. A foreign-invested airline must conform to the
following requirements:
a) Foreign ownership shall not exceed 34% of the
charter capital;
b) There is at least one Vietnamese natural or juridical
person owning the highest share of charter capital;
c) In cases where a Vietnamese juridical person has
foreign investment capital, the foreign share of equity participation shall not
exceed 49% of the charter capital of that juridical person.
Article 9. Business plans and developmental
tactics[7]
Business plans and developmental tactics of an
airline shall be composed of the following:
1. Anticipation of market demands and market growth
trends.
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3. Tactics for development of air transport
products, aircraft fleet, and business development plans for 05 first years
from the date of commencement of operations.
Article 10. Procedures for issuance of an air
transport service business license or general aviation service business license[8]
1. The applicant for an air transport service
business license or general aviation service business license shall send 01 set
of application to the Civil Aviation Authority of Vietnam, whether directly or
by post or in another appropriate manner, and assume responsibility for
accuracy and truthfulness of information included in such application.
2. The application shall include:
a) An application form which is made using the Form
No. 01 in the Appendix hereof;
b) A report (enclosed with documentary evidences)
on fulfillment of eligibility requirements for air transport service business,
which includes: a plan concerning number of aircraft to be operated; plan
concerning the organizational machinery serving aircraft operation, air
transport business, business plan and product development tactic; brand to be
used; organizational structure of the enterprise;
c) An original of the capital confirmation;
d) Copies from the master register or copies
presented together with their originals for comparison or certified true copies
(if the application is submitted in person); certified true copies (if the
application is submitted by post) of the following documents: appointment
decision and employment contract, copy of the decree or professional
certificate of the responsible person referred to in Article 7 hereof;
dd) The agreement in principle or agreement on
aircraft purchase, lease-purchase or charter;
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g) List of members or shareholders at the date of
submission of the application; the list shall contain the following
information: full name; date of birth; nationality; registered permanent residence;
current address; holding percentage or number of shares; representatives of the
stakes if the members or shareholders are organizations; agreement on capital
contribution by members or shareholders (a copy bearing the enterprise’s
certification or copy presented together with its original for verification).
3. If the application is not satisfactory, within
03 working days from the receipt of that application, the Civil Aviation
Authority of Vietnam shall send a written response to the applicant and provide
instructions for modification of the application as prescribed.
4. Within 20 days from the receipt of the adequate
application, the Civil Aviation Authority of Vietnam shall send an evaluation
report to the Ministry of Transport of Vietnam.
5. Within 15 days from the receipt of the
evaluation report, the Ministry of Transport shall consider and submit that
report to the Prime Minister. In case of rejection of such evaluation report, a
written response, expressing reasons therefor should be sent to the Civil
Aviation Authority of Vietnam.
6. Within 10 days from the receipt of the statement
on evaluation results from the Ministry of Transport, the Prime Minister shall
consider permitting the Ministry of Transport to grant the air transport
service business license or general aviation service business license. In case
of refusal to grant permission, the Prime Minister shall notify the Ministry of
Transport and clearly state reasons therefor.
7. Within 05 working days from the receipt of the
Prime Minister’s written opinion, the Ministry of Transport shall grant the air
transport service business license or general aviation service business license
using the Form No. 02 in the Appendix hereof or notify the Prime Minister’s
opinion on refusal to grant the license.
Article 11. Procedures for re-issuance of an air
transport service business license or general aviation service business license[9]
1. An air transport service business license or
general aviation service business license may be re-issued if it is lost, torn,
or otherwise damaged, or has its contents changed or is eliminated or cancelled
due to failure to satisfy the requirements mentioned in Points a, c, d and dd
Clause 1 Article 12 of this Decree.
2. The airline shall submit 01 set of application
to the Civil Aviation Authority of Vietnam, whether directly or by post or in
another appropriate manner and assume responsibility for accuracy and
truthfulness of information included in such application.
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a) The application includes: an application form,
which is made using the Form No. 01 in the Appendix hereof; documents (if any)
relating to change in contents of the license;
b) Within 15 days from the receipt of the adequate
application, the Civil Aviation Authority of Vietnam shall send an evaluation
report to the Ministry of Transport;
c) Within 03 working days from the receipt of the
evaluation report, the Ministry of Transport shall re-issue a license using the
Form No. 02 in the Appendix hereof. In case of rejection of such evaluation
report, a written response, expressing reasons therefor should be sent to the
Civil Aviation Authority of Vietnam.
4. Procedures for re-issuance of a license due to
loss, wear and tear or damage:
a) The application includes: an application form,
which is made using the Form No. 01 in the Appendix hereof;
b) Within 03 working days from the receipt of the
sufficient application, the Civil Aviation Authority of Vietnam shall submit a
report to the Ministry of Transport;
c) Within 02 working days from the receipt of the
report, the Ministry of Transport shall consider re-issuing a license using the
Form No. 02 in the Appendix hereof. In case of rejection of such evaluation
report, a written response, expressing reasons therefor should be sent to the
Civil Aviation Authority of Vietnam.
5. Procedures for re-issuance of a license due to
invalidation or cancellation:
a) The application includes the documents mentioned
in Points a, b, c, d, dd and g Clause 2 Article 10 of this Decree;
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c) Within 15 days from the receipt of the
sufficient application, the Civil Aviation Authority of Vietnam shall send an
evaluation report to the Ministry of Transport;
d) Within 03 working days from the receipt of the
evaluation report, the Ministry of Transport shall re-issue a license using the
Form No. 02 in the Appendix hereof. In case of rejection of such evaluation
report, a written response, expressing reasons therefor should be sent to the
Civil Aviation Authority of Vietnam.
6. The re-issued license must include regulations
on elimination of the former license which has been lost, torn, damaged or has
its contents changed or is eliminated or cancelled.
Article 12. Elimination of an air transport
service business license or general aviation service business license [10]
1. An air transport service business license or
general aviation service business license shall be invalidated and eliminated
in the following cases:
a) Fail to meet capital adequacy requirements for a
consecutive period of 03 years;
b) Intentionally falsify information included in
the application;
c) Cease air transport service operations for a
consecutive period of 36 months;
d) Fail to apply for an air operator’s certificate
within a permitted period of 36 months from the date of issuance of a license;
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e) Misuse contents stated in a license;
g) Deliberately breach regulations of law on
security and national defense;
h) Commit serious violations against laws on
aviation security, safety, organizational machinery for administration and
operation of air transport and general aviation services;
i) Terminate operations according to laws or upon
the request of an airline;
k) No longer meet licensing requirements in
accordance with laws.
2. In case of a license subject to invalidation or
elimination, the Ministry of Transport shall grant a decision on elimination of
that license and an airline must immediately put an end to its air transport
operations.
Article 12a. Changes
to be reported by airlines [11]
Every airline shall submit a report to the Civil
Aviation Authority of Vietnam within 30 days from date on which the following
tasks are performed:
1. Amendment to its Charter or Conditions of
Carriage;
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3. Change of the organizational machinery
prescribed in Article 7 hereof;
4. Change of a member of the management board;
5. Change of a shareholder holding at least 5% of
the charter capital.
Article 12b. Management
of air transport business[12]
1. An airline is entitled to provide air transport
services after complying with regulations on air operators promulgated by the
Minister of Transport.
2. The airline must ensure that number of chartered
aircraft with aircrews shall not:
a) account for more than 30% of an aircraft fleet;
b) exceed 10.
Article 12c. Measures
to manage air transport[13]
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2. The Civil Aviation Authority of Vietnam shall
implement measures to ensure the adherence to flight schedules, take off time
and landing time by airlines.
Article 12d. Management
of aircraft imported into Vietnam[14]
1. The service life of used aircraft imported into
Vietnam shall be provided for as follows:
a) With regard to aircraft used for carriage of
passengers, the service life must be a period of less than 10 years ranging
from the date of manufacture to the date of importation under terms and
conditions of a purchase or lease-purchase agreement; a period of less than 20
years ranging from the date of manufacture to the date of termination of an
aircraft charter agreement. As for used helicopters, the service life must be a
period of less than 25 years ranging from the date of manufacture to the date
of termination of a charter agreement;
b) With regard to aircraft used for transportation
of goods, letter post, postal parcels, and for general aviation business, the
service life must be a period of less than 15 years ranging from the date of
manufacture to the date of importation under terms and conditions of a purchase
or lease-purchase agreement; a period of less than 25 years ranging from the
date of manufacture to the date of termination of a charter agreement;
c) With regard to aircraft other than that
specified in Points a and b of this Clause, the service life must be a period
of less than 20 years ranging from the date of manufacture to the date of
importation under terms and conditions of a purchase or lease-purchase
agreement; a period of less than 30 years ranging from the date of manufacture
to the date of termination of an aircraft charter agreement.
2. Aircraft imported into Vietnam must have a type
certificate granted by the Federal Aviation Administration of the United States
(FAA) or European Aviation Safety Agency or Aviation Authority of Vietnam.
3. [15]
The regulations enshrined in clauses 1 and 2 of this Article do not apply to
the aircraft used for national defense and security purposes.
Chapter III
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Article 13. Eligibility requirements for airport
or airdrome business
1. The Minister of Transport shall consent to the
policy on investment in airport or airdrome business with respect to
establishment of an airport enterprise, transfer of shares, portions of equity
participation held by an airport enterprise to a foreign investor.
2. A license for airport or airdrome business shall
be granted if requirements stated in Article 14 hereof are satisfied.
Article 14. Eligibility requirements for
issuance of an airport business license [16]
1. Have documents that explain fulfillment of the
requirements for aviation safety and security specified in Clause 2 Article 63
of the Law on Vietnam Civil Aviation and Annex 14 of the Convention on
International Civil Aviation.
2. Fulfill requirements concerning capital as
follows:
a) The minimum amount of capital required for
establishment and maintenance of an airport enterprise shall be VND 100
billion;
b) Foreign ownership shall not exceed 30% of the
charter capital.
Chapter IV
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Article 15. Eligibility requirements for airport
or airdrome service business
1. Airport or airdrome services shall include:
a) Passenger terminal operation services;
b) Airfield operation services;
c) Air cargo terminal or warehouse operation
services;
d) Aviation fuel supply services;
dd) Ground engineering and commercial services;
e) Airline catering services;
g) Aviation equipment repair and maintenance
services;
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i) Aviation security services.
2. Air service enterprises shall be entitled to
provide air services referred to in Clause 1 of this Article after obtaining
the license to provide airport/airdrome services, unless otherwise stipulated
by Clause 3 and 4 of this Article.
3. Airfield operation services shall be provided by
airport enterprises or any organization in the exercise of authority delegated
by the Ministry of Transport to manage airport infrastructure.
4. Aviation security services shall be provided by
the aviation security control force which is organized in accordance with
Article 195 of the Law on Vietnam Civil Aviation.
Article 16. Requirements for issuing a license
to provide airport/airdrome services[17]
1. [18]
Every airport/aerodrome service provider shall satisfy the requirements
specified in points b, c and d clause 2 Article 65 of the Law on Vietnam Civil
Aviation and undergo appraisal and evaluation carried out by the Civil Aviation
Authority of Vietnam according to the corresponding service sub-sector
specified in clause 1 Article 15 hereof.
2. The minimum amount of capital required for
establishment and maintenance of an airport/aerodrome service provider shall
comply with the following regulations:
a) Passenger terminal operation services: VND 30
billion;
b) Air cargo terminal or warehouse operation
services: VND 30 billion;
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2a. [19]
Airport enterprises providing passenger terminal operation services; air cargo terminal
and warehouse operation services are not required to satisfy the requirements
set out in points a and b clause 2 of this Article.
3. As for providers of passenger terminal, air
cargo terminal operation, fuel supply, ground engineering and commercial, and
airfield operation services, foreign equity participation shall not exceed 30%
of the charter capital of these providers.
Article 17. Requirements concerning capital
1. The minimum amount of capital required for
establishment and maintenance of an airport/ airdrome service enterprise shall
comply with the following regulations:
a) Passenger terminal operation services: VND 30
billion;
b) Air cargo terminal or warehouse operation
services: VND 30 billion;
c) Aviation fuel supply services: VND 30 billion.
2. As for enterprises providing passenger terminal,
air cargo terminal operation, fuel supply, ground engineering and commercial,
and airfield operation services, foreign equity participation shall not exceed
30% of the charter capital of these enterprises.
Article 18. Procedures for issuing a license to
provide airport/airdrome services [20]
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a) An application form which is made using the Form
No. 03 in the Appendix hereof;
b) A copy of the document that explains
fulfillment of the requirements specified in clause 1 Article 16 hereof;
c) An original or electronic copy of the capital
confirmation, except for the case specified in clause 2a Article 16 hereof.
2. [22]
Within 12 days from the receipt of the sufficient application, the Civil
Aviation Authority of Vietnam shall issue the license to provide
airport/aerodrome services using the Form No. 04 in the Appendix hereof.
In case of rejection of the application, the Civil Aviation Authority of
Vietnam shall respond and provide explanation in writing.
If the application is not satisfactory, within 03
working days from the receipt of that application, the Civil Aviation Authority
of Vietnam shall send a written response to the applicant and provide guidance
on improvement of the application as prescribed.
Result shall be returned directly at the Civil
Aviation Authority of Vietnam or by post or online or another appropriate
method as prescribed.
3. The Civil Aviation Authority of Vietnam shall
report on issuance of licenses to the airport authority to conduct any
inspection or control.
Article 19. Procedures for re-issuance of a
license to provide airport/airdrome services
1. In case of loss, wear and tear, damage or change
in contents of a license to provide airport/airdrome services, it shall be
re-issued.
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a) An application form which is made using the Form
No. 03 in the Appendix hereof;
b) [24]
Copies of documents relating to the change of contents of the license (if any).
3. With respect to any license reissued because of
any change in contents thereof, within a permitted period of 05 working days of
receipt of the required dossier, the Civil Aviation Authority of Vietnam shall
re-issue a license to provide airport/airdrome services. In case of refusal to
grant such license, a written response to the applicant, expressing reasons
therefor, must be sent.
4. With respect to re-issuance of a license which
has been lost, torn or damaged, within a permitted period of 03 working days of
receipt of the application, the Civil Aviation Authority of Vietnam shall be
responsible for considering and making its decision on re-issuance of that
license, or sending a notification of rejection to the applicant.
5. The Civil Aviation Authority of Vietnam shall
send a notification of re-issuance of a license to the airport authority to
conduct any inspection or control operation.
6. [25]
Result shall be returned at the Civil Aviation Authority of Vietnam or by post
or online or another appropriate method as prescribed.
Article 20. Elimination or cancellation of a
license to provide airport/airdrome services
1. A license for air service supply shall be
eliminated or cancelled in the following cases:
a) Provide unauthentic information included in the
application dossier;
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c) Commit serious violations against laws on
national security and defence;
d) Terminate operations according to laws or upon
the request of an enterprise;
dd) Receive the Civil Aviation Authority of
Vietnam’s third warning within 12 months without taking any remedial actions;
e) Commit serious violations against regulations on
aviation security, safety, regulatory business requirements, service price,
fire fighting and prevention, and environmental protection;
g) Pend supply of airport/airdrome services that
must be commenced within a permitted period of 12 months from the date of
issuance of a license.
2. The Civil Aviation Authority of Vietnam shall
issue a decision on elimination or cancellation of a license, expressing
reasons therefor. Upon receipt of the decision, enterprises providing
airport/airdrome services must immediately terminate their provision of such
services.
Chapter V
DESIGN, MANUFACTURE, MAINTENANCE, TESTING OF AIRCRAFT,
ENGINES, PROPELLERS AND EQUIPMENT THEREOF
Article 21. Conformity requirements for supply
of services relating to maintenance of aircraft, propellers and equipment
within Vietnam[26]
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2. Conformity requirements for issuance of the AMO
certificate: AMO procedures manual promulgated by the Minister of Transport
shall be available.
3. This Article shall be only applied to
maintenance of aircraft that has the registration of Vietnamese nationality,
propeller and equipment within Vietnam.
Article 22. Eligibility requirements for
providers of services related to design, manufacture or testing of aircraft,
engines, propellers and equipment within Vietnam[27]
1. Ensure that providers of services related to
design, manufacture or testing of aircraft, engines, propellers and equipment
have been granted the aircraft, engine, propeller and equipment design,
manufacture or testing organization approval certificate by the Civil Aviation
Authority of Vietnam.
2. Eligibility requirements for issuance of the
aircraft, engine, propeller and equipment design, manufacture or testing
organization approval certificate within Vietnam as prescribed in Clause 1 of
this Article:
a) Have aircraft, engine, propeller and equipment
approved design, manufacture or testing organization procedures manual, which
proves the provider’s capability;
b) Have a manufacture, design, maintenance or
testing procedure.
3. This Article shall be only applied to the case
in which design, manufacture or testing of aircraft, engines, propellers and
equipment within Vietnam comply with the type certificate granted by the Civil
Aviation Authority of Vietnam.
Chapter VI
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Article 23. Eligibility requirements for
provision of air navigation services [28]
1. Ensure that providers of air navigation
services, technical systems and equipment have been licensed for operations by
the Civil Aviation Authority of Vietnam provided that they conform to
regulatory requirements concerning technical systems, equipment and operational
processes in uniformity with civil aviation technical regulations and
standards.
2. Fulfill requirements concerning capital as follows:
a) Providers of air traffic and aeronautical
information, search and rescue services must be wholly state-owned ones;
b) A provider of communication, navigation and
surveillance, and aviation meteorology services must have state-owned equity
participation which is not less than 65% of its charter capital, and foreign
equity participation which does not exceed 30% of its charter capital.
Chapter VII
AVIATION STAFF TRAINING, COACHING AND MENTORING
SERVICE BUSINESS
Article 24. Requirements for aviation staff
training, coaching and mentoring service business
Providers of aviation staff training, coaching and
mentoring services shall be granted the certificate of eligibility for
provision of aviation staff training, coaching and mentoring services when the
following requirements are satisfied:
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2. Requirements concerning training courses,
training or coaching materials shall be provided for by the Minister of
Transport.
Article 25. Conformity requirements to be
satisfied by aviation staff training, coaching and mentoring service providers [29]
An aviation staff training, coaching and mentoring
service provider shall satisfy the following conformity requirements:
1. Have documents that explain facilities conform
to aviation technical regulations and standards promulgated by the Minister of
Transport.
2. Have documents that explain training courses,
training or coaching materials are designed in accordance with regulations of
the Minister of Transport.
3. Ensure that it recruits the adequate number of theory
and practice-based instructors or coaches so that at least 01 instructor or
coach will be in charge of an aviation subject.
Article 26. Instructors or coaches of aviation
staff training, coaching and mentoring service providers [30]
An aviation instructor or coach shall satisfy one
of the following requirements:
1. Obtain professional certificates as prescribed
in legislative documents on aviation or acquire 5 years’ professional
experience in their assigned subjects.
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Article 27. Procedures for issuance of a
certificate of eligibility for provision of aviation staff training, coaching
and mentoring services[31]
1. The aviation staff training, coaching and
mentoring service provider shall submit 01 set of application to the Civil
Aviation Authority of Vietnam, whether directly, by post or another appropriate
manner. The application includes:
a) An application form, which is made using the
Form No. 05 in the Appendix hereof;
b) Documents that explain fulfillment of the
requirements specified in Articles 25 and 26 hereof.
2. Explanatory documents include:
a) List of instructors or coaches;
b) Report on facilities: classrooms, equipment,
devices, practice learning facilities developed to ensure compliance with
training contents;
c) Report on theory or practice-based training or
coaching programs, materials and resources used for specific subjects;
d) Report on the organizational system, machinery,
management staff and administrative documents or records used for administering
aviation staff training, coaching and mentoring operations.
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Article 28. Re-issuance of certificate of
eligibility for provision of aviation staff training, coaching and mentoring
services
1. In case of loss, wear and tear, damage or change
in contents of that certificate, it shall be re-issued.
2. The application dossier for reissuance shall be
comprised of the followings:
a) The application form which is made using Form 06
in the Appendix hereof;
b) Relevant documents related to any change in contents
of the certificate (if any).
3. With respect to re-issuance of a certificate
which has been lost, torn or damaged, within a permitted period of 03 working
days of receipt of the required application dossier, the Civil Aviation
Authority of Vietnam shall re-issue the certificate or send a notification of
refusal in which reasons therefor must be expressed.
4. [33] With respect to any improvement or
modification of a certificate, within 15 days from the receipt of the required
application, the Civil Aviation Authority of Vietnam shall verify the
application and carry out a site inspection of the provider; request the
applicant to further explain, improve or correct submitted documents; re-issue
the certificate to the applicant, or send a written notification of refusal in
which reasons therefor must be expressed.
Article 29. Elimination or cancellation of
certificate of eligibility for provision of aviation staff training, coaching
and mentoring services
1. That certificate shall be eliminated or
cancelled in the following cases:
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b) Deliberately falsify information included in the
application dossier;
c) Misuse contents stated in a certificate;
d) Intentionally violate aviation security and
safety regulations;
dd) Fail to maintain fulfillment of eligibility
requirements stated in the issued certificate;
e) Find that the certificate has been erased,
defaced or altered.
2. In case of a certificate subject to cancellation
or elimination, the Civil Aviation Authority of Vietnam shall grant a decision
on elimination or cancellation of that certificate. In such case, aviation
staff training, coaching and mentoring service providers must immediately
terminate their operations under the decision of the Civil Aviation Authority
of Vietnam.
Chapter VIII
IMPLEMENTATION
Article 30. Responsibilities of enterprises
operating in conditional business lines in civil aviation industry
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2. Maintain conformity with requirements for
licenses or certificates as provided for herein.
3. Comply with conformity requirements for their
operations in accordance with laws on civil aviation.
4. With respect to those that must conform to
minimum capital requirements, they shall be obliged to send financial
statements subject to auditor's unqualified opinions to the Civil Aviation
Authority of Vietnam on an annual basis to implement regulations on inspection
and oversight of conformity to capital safety requirements referred to in this
Decree.
Article 31. Effect [34]
1. This Decree comes into force from July 01, 2016.
2. The following documents are abrogated:
a) Article 5 through Article 19 of the Government’s
Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport service business
and general aviation service business;
b) Articles 36 and 37, Clause 1 Article 38, Clauses
1 and 2 Article 39 of the Government’s Decree No. 102/2015/ND-CP dated October
20, 2015 on management and operation of airports or airdromes.
3. Ministers, heads of ministerial agencies, heads
of Governmental agencies, Chairpersons of provincial People’s Committees and
relevant organizations and individuals shall implement this Decree./.
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CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Le Anh Tuan
[1]
The Government’s Decree No. 89/2019/ND-CP providing amendments to the Government’s
Decree No. 92/2016/ND-CP dated July 01, 2016 prescribing conditional business
lines in civil aviation industry and the Government’s Decree No. 30/2013/ND-CP
dated April 08, 2013 prescribing air transport business and general aviation
activities is promulgated pursuant to:
“The Law on Organization of Government
dated June 19, 2015;
The Law on Civil Aviation of Vietnam dated June
29, 2006, and the Law on amendments to the Law on Civil Aviation of Vietnam
dated November 21, 2014;
The Law on Investment dated November 26, 2014
and the Law dated November 22, 2016 on amendments to Article 6 and Appendix 4 -
The list of conditional business lines under the Law on Investment;
At the request of the Minister of Transport of
Vietnam;”
The Government's Decree No. 64/2022/ND-CP providing
amendments to Decrees on business operations in civil aviation industry is
promulgated pursuant to:
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The Law on Civil Aviation of Vietnam dated June
29, 2006, and the Law on amendments to the Law on Civil Aviation of Vietnam
dated November 21, 2014;”
The Government’s Decree No. 15/2024/ND-CP providing
amendments to the Government’s Decree No. 30/2013/ND-CP dated April 08, 2013
prescribing air transport service business and general aviation activities and
the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 prescribing conditional
business lines in civil aviation industry is promulgated pursuant to:
“The Law on Government Organization dated
June 19, 2015; the Law on Amendments to the Law on Government Organization and
the Law on Local Government Organization dated November 22, 2019;
The Law on Civil Aviation of Vietnam dated June
29, 2006; the Law on amendments to the Law on Civil Aviation of Vietnam dated
November 21, 2014;
Pursuant to the Law on Investment dated June 17,
2020;
At the request of the Minister of Transport of
Vietnam;”
[2]
This point is amended according to clause 1 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[3]
This point is amended according to clause 2 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[4]
This point is amended according to clause 3 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
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[6]
This Article is amended according to clause 5 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[7]
This Article is amended according to clause 6 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[8]
This Article is amended according to clause 7 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[9]
This Article is amended according to clause 8 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[10]
This Article is amended according to clause 9 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[11]
This Article is amended according to clause 10 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[12]
This Article is amended according to clause 11 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[13]
This Article is amended according to clause 12 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation activities,
which comes into force from January 01, 2020.
[14]
This Article is amended according to clause 13 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
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[16]
This Article is added according to clause 14 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[17]
This Article is added according to clause 15 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in civil
aviation industry and the Government’s Decree No. 30/2013/ND-CP dated April 08,
2013 prescribing air transport business and general aviation activities, which
comes into force from January 01, 2020.
[18]
This clause is amended according to point a clause 2 Article 2 of the
Government’s Decree No. 64/2022/ND-CP providing amendments to Decrees on
business operations in civil aviation industry, coming into force from
September 15, 2022.
[19]
This clause is added according to point b clause 2 Article 2 of the
Government’s Decree No. 64/2022/ND-CP providing amendments to Decrees on
business operations in civil aviation industry, coming into force from
September 15, 2022.
[20]
This Article is added according to clause 16 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[21]
This clause is amended according to point a clause 3 Article 2 of the
Government’s Decree No. 64/2022/ND-CP providing amendments to Decrees on
business operations in civil aviation industry, coming into force from
September 15, 2022.
[22]
This clause is amended according to point b clause 3 Article 2 of the
Government’s Decree No. 64/2022/ND-CP providing amendments to Decrees on
business operations in civil aviation industry, coming into force from
September 15, 2022.
[23]
The phrase “hoặc bằng các hình thức phù hợp khác” (“or in another appropriate
manner”) is replaced by the phrase “hoặc trên môi trường điện tử hoặc bằng các
hình thức khác” (or online or in another appropriate manner”) according to
clause 6 Article 2 of the Government’s Decree No. 64/2022/ND-CP providing
amendments to Decrees on business operations in civil aviation industry, coming
into force from September 15, 2022.
[24]
This point is amended according to point a clause 4 Article 2 of the
Government’s Decree No. 64/2022/ND-CP providing amendments to Decrees on
business operations in civil aviation industry, coming into force from
September 15, 2022.
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[26]
This Article is added according to clause 17 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[27]
This Article is added according to clause 18 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[28]
This Article is added according to clause 19 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[29]
This Article is added according to clause 20 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[30]
This Article is added according to clause 21 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[31]
This Article is added according to clause 22 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[32]
This clause is amended according to clause 5 Article 2 of the Government’s
Decree No. 64/2022/ND-CP providing amendments to Decrees on business operations
in civil aviation industry, coming into force from September 15, 2022.
[33]
This clause is added according to clause 23 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[34]
Articles 3 and 4 of the Government’s Decree No. 89/2019/ND-CP providing
amendments to the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016
prescribing conditional business lines in civil aviation industry and the
Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 prescribing air transport
business and general aviation activities, which comes into force from January
01, 2020, stipulate as follows:
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1. This Decree comes into force from January 01,
2020.
2. Articles 13 and 17 of the Government’s Decree
No. 92/2016/ND-CP dated July 01, 2016 are annulled.
3. Article 20 of the Government’s Decree No.
30/2013/ND-CP dated April 08, 2013 is annulled.
Article 4. Responsibility for implementation
1. The Ministry of Transport shall organize the
implementation of this Decree.
2. Ministers, heads of ministerial agencies,
heads of Governmental agencies, and Chairpersons of provincial People’s
Committees are responsible for the implementation of this Decree./.
Article 4 of the Government’s Decree No.
64/2022/ND-CP providing amendments to Decrees on business operations in civil
aviation industry, coming into force from September 15, 2022, stipulates as
follows:
“Article 4. Effect
1. This Decree comes into force from September
15, 2022.
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3. Documentation submitted to the Civil Aviation
Authority of Vietnam before the effective date of this Decree shall continue to
be processed as prescribed in the Decree No. 68/2015/ND-CP, Decree
No. 07/2019/ND-CP, Decree
No. 92/2016/ND-CP, Decree
No. 89/2019/ND-CP, and
Decree No. 05/2021/ND-CP.
4. Ministers, heads of ministerial agencies,
heads of Governmental agencies, and Chairpersons of provincial People’s
Committees are responsible for the implementation of this Decree./.”
Article 3 of the Government’s Decree No.
15/2024/ND-CP providing amendments to the Government’s Decree No. 30/2013/ND-CP
dated April 08, 2013 prescribing air transport business and general aviation
activities and the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016
prescribing conditional business lines in civil aviation industry, which comes
into force from February 16, 2024, stipulates as follows:
“Article 3. Effect
1. This Decree comes into force from the date on
which it is signed.
2. Certificate of registration of general
aviation service business and certificate of trademark registration issued
before the effective date of this Decree shall remain their validity until they
are cancelled or invalidated.
3. Ministers, heads of ministerial agencies,
heads of Governmental agencies, and Chairpersons of provincial People’s
Committees are responsible for the implementation of this Decree./.”
[35]
This form is replaced according to clause 1 Article 2 of the Government’s
Decree No. 15/2024/ND-CP providing amendments to the Government’s Decree No.
30/2013/ND-CP dated April 08, 2013 prescribing air transport business and
general aviation activities and the Government’s Decree No. 92/2016/ND-CP dated
July 01, 2016 prescribing conditional business lines in civil aviation
industry, which comes into force from February 16, 2024.
[36]
This form is replaced according to clause 2 Article 2 of the Government’s
Decree No. 15/2024/ND-CP providing amendments to the Government’s Decree No.
30/2013/ND-CP dated April 08, 2013 prescribing air transport business and
general aviation activities and the Government’s Decree No. 92/2016/ND-CP dated
July 01, 2016 prescribing conditional business lines in civil aviation industry,
which comes into force from February 16, 2024.
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[38]
This form is amended according to clause 24 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[39]
This form is amended according to clause 24 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[40]
This form is amended according to clause 24 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[41]
This form is replaced according to clause 1 Article 2 of the Government’s
Decree No. 15/2024/ND-CP providing amendments to the Government’s Decree No.
30/2013/ND-CP dated April 08, 2013 prescribing air transport business and
general aviation activities and the Government’s Decree No. 92/2016/ND-CP dated
July 01, 2016 prescribing conditional business lines in civil aviation
industry, which comes into force from February 16, 2024.
[42]
This form is replaced according to clause 2 Article 2 of the Government’s
Decree No. 15/2024/ND-CP providing amendments to the Government’s Decree No.
30/2013/ND-CP dated April 08, 2013 prescribing air transport business and
general aviation activities and the Government’s Decree No. 92/2016/ND-CP dated
July 01, 2016 prescribing conditional business lines in civil aviation
industry, which comes into force from February 16, 2024.
[43]
This form is amended according to clause 24 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[44]
This form is amended according to clause 24 Article 1 of the Government’s Decree
No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.
[45]
This form is amended according to clause 24 Article 1 of the Government’s
Decree No. 89/2019/ND-CP providing amendments to the Government’s Decree No.
92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in
civil aviation industry and the Government’s Decree No. 30/2013/ND-CP dated
April 08, 2013 prescribing air transport business and general aviation
activities, which comes into force from January 01, 2020.