Draft Law on Civil Aviation of Vietnam (amended)Separating infrastructure investment and business for a more open mechanism

Appreciating the new policies included in the draft Law on Civil Aviation of Vietnam (amended), National Assembly delegates also suggested the need for strong innovation by separating infrastructure investment and business to have a more open mechanism with investment items that can be assigned to the private sector for implementation.

Clear authority and responsibility in aviation infrastructure investment

Appreciating the fact that the draft Law on Civil Aviation of Vietnam (amended) has added many new regulations, National Assembly Deputy Trinh Xuan An ( Dong Nai ) suggested that it is necessary to "be more revolutionary" by separating infrastructure investment and business to have a more open mechanism with investment items that can be assigned to the private sector to implement.

Minister of Construction Tran Hong Minh speaks at the Group. Photo: Pham Thang

Speaking at the meeting, Minister of Construction Tran Hong Minh - National Assembly Delegate of Cao Bang province also admitted that the country currently has 21 airports in operation, of which the majority are dual-use airports, but in the development process, due to limited investment resources, aviation infrastructure has not been invested synchronously.

Citing lessons learned from the Railway Law on mobilizing non-state resources for investment in the industry, delegate Trinh Xuan An emphasized the need to eliminate the gap between the public and private sectors, and add more open mechanisms, not only for national airlines but also to encourage private airlines to invest and develop more strongly.

National Assembly Deputy Tran Dinh Chung (Da Nang) noted that the provisions in Clause 5, Article 30 of the draft Law on airport investors or airport enterprises organizing investment and subleasing land to invest in construction of works at airports are unclear on conditions, principles and authority. Therefore, it is recommended to study and supplement specific regulations on conditions, criteria and principles when airport investors and enterprises are allowed to sublease land, in order to ensure publicity, transparency and fairness in land fund exploitation, investment attraction and infrastructure development at airports.

National Assembly Deputy Pham Thuy Chinh (Tuyen Quang) also noticed that the regulations on airport exploitation and putting into operation, stopping the operation of airports, works or part of works at airports (Articles 34, 35 and 36) do not clearly state which agency is assigned to manage airports.

National Assembly Deputy Pham Thuy Chinh (Tuyen Quang) speaks at the discussion group. Photo: Pham Thang

Meanwhile, the responsibility for airport management is related to many other articles and clauses in the draft Law, as well as the Law on Management and Investment of State Capital in Enterprises and the Law on Management and Use of Assets.

“The aviation infrastructure is one of the most important infrastructures of our country. Therefore, it is necessary to study regulations on assigning to which agency the authority to manage this infrastructure, along with the accompanying obligations and responsibilities,” delegate Pham Thuy Chinh suggested.

Regarding the regulations on management and use of fee sources in the civil aviation sector in Clause 2, Article 106 of the draft Law, delegate Tran Dinh Chung suggested that it is necessary to study, review, amend and supplement in the direction of ensuring consistency with relevant legal provisions on fees, charges and state budget management, avoiding overlaps, duplication or creating special mechanisms beyond the current regulatory framework.

At the same time, according to delegates, the draft Law needs to clearly stipulate the mechanism for managing, using and settling the remaining fee revenue source, in order to ensure transparency, proper purpose and compliance with the provisions of the State Budget Law, the Law on Fees and Charges, as well as regulations on salary regime and additional income in the public sector.

Airport construction must be up to standard, efficient and modern.

Concerned about the carrier's responsibility to compensate for damages, delegates Tran Dinh Chung, National Assembly member Dang Bich Ngoc (Phu Tho), Dang Thi My Huong (Khanh Hoa) suggested that it is necessary to pay attention to adding regulations to better protect the rights of passengers, especially compensation for customers in cases of flight delays and cancellations, thereby contributing to improving the quality of air transport.

National Assembly Delegate Dang Bich Ngoc (Phu Tho) speaks at the discussion group. Photo by Ho Long

According to delegate Dang Thi My Huong, the draft Law needs to clearly stipulate the rights of passengers in the aviation sector, such as: the right to information, support, and compensation in case of flight delays, cancellations, and lost luggage; conditions for ticket refunds; establishing a mechanism for quick complaints and conciliation through the digital platform of the state aviation management agency, and supplementing regulations on personal data protection in the aviation sector in accordance with current laws.

National Assembly Delegate Dang Thi My Huong (Khanh Hoa) speaks at the discussion group. Photo by Ho Long

Regarding this issue, Minister Tran Hong Minh emphasized that the Ministry of Construction determined that in the coming time, it will focus on investing in the synchronous development of three strategic areas: aviation - maritime - underground infrastructure, ensuring that new airports meet international standards, have full terminals, independent runways and auxiliary works to meet economic development requirements.

Minister Tran Hong Minh also affirmed that recently, the Ministry of Construction has coordinated with the Ministry of Finance to amend regulations related to the aviation industry in the current Law on Public Investment and Investment. The proposal to amend and supplement Clause 1, Article 201 of the Land Law as in Point c, Clause 5, Article 107 of the draft Law has also been accepted by the Ministry of Agriculture and Environment during the process of researching and developing a resolution to remove obstacles and difficulties in implementing the Land Law.

“The Law on Civil Aviation of Vietnam and many related laws are being amended and supplemented at the same time to create the most favorable and open conditions for investors to participate,” Minister Tran Hong Minh affirmed.

Source: https://daibieunhandan.vn/du-thao-luat-hang-khong-dan-dung-viet-nam-sua-doi-tach-bach-giua-dau-tu-ha-tang-va-kinh-doanh-de-co-co-che-mo-hon-10392997.html