On the afternoon of December 10th, under the chairmanship of Deputy Speaker of the National Assembly Nguyen Khac Dinh, the National Assembly voted to pass the amended Law on Civil Aviation of Vietnam.
The voting results showed that 441 out of 447 National Assembly delegates present (representing 93.23% of the National Assembly delegates) approved the adoption of the amended Law on Civil Aviation of Vietnam.
Earlier, the National Assembly heard Minister of Construction Tran Hong Minh, authorized by the Prime Minister , present the report explaining, accepting, and revising the draft Law on Civil Aviation of Vietnam (amended).
Taking into account the feedback, the Government conducted a review and found that the draft law was developed in accordance with the Constitution, the Party's guidelines and policies, the State's laws, and international treaties to which Vietnam is a signatory; ensuring sovereignty, unity, and territorial integrity; inheriting and improving current regulations, and selectively incorporating international experience.
Accordingly, the draft includes regulations governing civil aviation activities with specific elements regarding spatial authority and national sovereignty; ensuring consistency and uniformity with laws on the sea and borders.
Regarding the application of the law, incorporating feedback, the draft law has been revised to the following direction: Civil aviation activities shall be carried out in accordance with the provisions of this law, relevant laws, and international treaties to which Vietnam is a signatory.
In cases where laws or resolutions of the National Assembly enacted after the effective date of this law require specific regulations on civil aviation activities that differ from the provisions of this law, it must be clearly determined which provisions of this law or resolution shall be implemented or not implemented, and which provisions shall be implemented.
Regarding low-altitude air transport, incorporating feedback, the draft uses the term "low-altitude" to align with the Party's current plans, strategies, and policies; simultaneously, it adds a provision entrusting the Government with the authority to regulate this activity in detail, ensuring it aligns with the implementation situation and global development trends, as this is an activity that most developed countries are currently in the research and testing phase.
Regarding research, application of science and technology, digital transformation, technology transfer, and aviation industry development, incorporating feedback, the draft includes provisions allowing the application of artificial intelligence in various aspects of civil aviation operations to support and enhance service quality and efficiency.
Regarding investment in airport construction and airport facilities, in accordance with the Politburo's directives, the draft has finalized regulations allowing competent authorities to decide on investments and permit investors and enterprises to "invest in new construction, upgrading, expansion, maintenance, and operation of dual-use facilities at airports on national defense and security land without having to transfer land use rights or land use purposes." It also adds the principle that airport construction investment must ensure synchronous connectivity; and includes a provision allowing for the exemption of investment approval procedures when implementing projects to expand or upgrade airport facilities on land already leased from the state, thereby simplifying procedures and shortening the process.
Regarding transportation, the carrier's liability for damages, incorporating feedback, has been reviewed to ensure the specificity of specialized aviation law in transportation operations, adhering to the principle of prioritizing the application of international treaties, eliminating overlapping content with the Civil Code and the Civil Procedure Code; adding a provision that carriers must be responsible for the accuracy of the information they publish and notify; and assigning the aviation authorities the responsibility to supervise the fulfillment of the carrier's obligations.
According to Minister of Construction Tran Hong Minh, in order to prevent and combat corruption, practice thrift, prevent waste, protect state secrets, and comply with international regulations on aviation safety inspectors, the draft regulations allow aviation authorities to coordinate with aviation enterprises to organize training and professional development courses for civil servants performing aviation safety inspector duties; and allow aviation safety inspectors, when participating in training and professional development courses, to receive remuneration and other benefits as agreed upon to ensure strict consistency with the provisions of the Law on Cadres and Civil Servants.
Regarding pricing, specialized aviation fees, and mechanisms for aviation authorities, incorporating feedback to ensure the fulfillment of tasks linked to the goal of ensuring absolute aviation safety and security, meeting the development needs of domestic aviation, the requirements of international integration, the requirements of ICAO, and in accordance with international practices, the draft law stipulates granting the authority to proactively utilize fee and charge revenue.
At the same time, in order to enhance the capacity and proactiveness of the Aviation Authority as required by ICAO; to attract high-quality human resources and avoid "brain drain" in the public sector in this field, in line with the general trend of aviation authority models worldwide, the provision on monthly support for the Vietnamese Aviation Authority and the Vietnamese Aviation Security Authority in the draft law is necessary in the context of the need to strengthen civil aviation management, ensure aviation security, and promote the sustainable development of Vietnamese civil aviation.
Source: https://nhandan.vn/cho-phep-ung-dung-tri-tue-nhan-tao-de-tang-cuong-chat-luong-hieu-qua-hoat-dong-hang-khong-dan-dung-post929271.html
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