Urgently complete the draft Law on Civil Aviation of Vietnam (replacement).
The announcement stated: The current Law on Civil Aviation of Vietnam was issued in 2006, which has been 19 years, and the most recent amendment and supplement was in 2014, which is also 11 years. In the context of many changes in the domestic and international socio-economic conditions, policy responses must be very timely and effective. However, the research to propose amendments to the Law on Civil Aviation of Vietnam is slow, causing many difficulties and inadequacies, hindering development and requiring the application of specific policies to handle them.
The Government Standing Committee requested the Ministry of Construction to proactively evaluate, review, and amend and supplement mechanisms and policies according to management areas to promptly overcome shortcomings and limitations in practice.
At the same time, the Ministry of Construction shall fully absorb the opinions of relevant agencies and the conclusions of the Government Standing Committee to complete the draft Law; the content of the Government report must be concise, of high quality, complete, easy to understand, easy to access, ensuring "6 clarity" in the following contents: (i) omitted contents; (ii) amended and completed contents; (iii) supplemented contents; (iv) contents of reduction and simplification of administrative procedures; (v) contents of decentralization and delegation of power; in which it is necessary to clearly state the reasons for the proposal; (vi) issues with different opinions and other issues that need to be reported to the Government for direction.
Absolute guarantee of aviation security and safety
According to the Government Standing Committee, the Draft Law needs to ensure the following principles:
- Regarding aviation-related contents, in case of conflicts or inconsistencies between laws, the provisions of the Law on Civil Aviation of Vietnam shall be implemented and it is necessary to propose amendments, supplements, abolitions or regulations for immediate application in the Law on Civil Aviation of Vietnam.
- The Law only regulates contents under the authority of the National Assembly, contents that are not stable or volatile, and contents on implementation organization, assignment of tasks among agencies, and implementation procedures are assigned to the Government to regulate.
- Absolutely ensure aviation security and safety; strictly implement ICAO regulations and international treaties to which Vietnam is a member; at the same time, supplement regulations specific to Vietnam.
- Ensure openness and create conditions to mobilize maximum economic sectors to invest in aviation infrastructure; the state only invests in areas that the private sector does not do.
Ensuring equality among airlines
The Ministry of Construction reviews the draft Law to ensure the following requirements:
- Fully institutionalize the Party's policies such as promoting decentralization and delegation of power in the direction of assigning ministries, branches and localities to decide, implement and take responsibility; cut down and simplify administrative procedures to the maximum;
- Inheriting regulations that have been proven to be correct and effective in practice.
- Issues related to prices and fees are implemented according to market rules, with state regulation; specific prices are not stipulated in the Law.
- In planning work: The Prime Minister approves the overall planning of the national airport and seaport system; the Minister of Construction approves the detailed planning.
- Regulations on land and property management, and valuation of public assets at airports need to be studied to overcome current difficulties, without having to submit to multiple levels of approval, creating convenience in mobilizing resources to invest in airport infrastructure in the direction of assigning the Ministry of Finance to decide on this issue.
- Ensure equality among airlines in accessing aviation operating conditions.
- Clearly define the state management function of aviation. The state is responsible for managing flight operations.
- All airports are dual-use, except for airports used exclusively by the armed forces, as determined by the Government.
- Regarding the selection of investors, the Government shall prescribe standards and criteria; ministries, branches and localities shall decide to assign investors or select investors.
- Handle transitions to avoid problems with ongoing projects and work.
- Comprehensively review legal regulations related to civil aviation, clearly identify problematic and inappropriate contents for amendment, supplementation or determine a suitable roadmap for amendment and supplementation.
- For prohibited acts in civil aviation activities, it is necessary to review and carefully research to ensure regulations are comprehensive, complete and comprehensive.
- Research with open regulations, assign the Government to pilot regulations on management of unmanned aerial vehicles to ensure strict management, absolutely not affecting or causing insecurity to civil and military aviation activities.
The Government Standing Committee requested the Ministry of Construction to urgently complete the draft Law and report to the Government at the Special Session on Law Making in July 2025.
Phuong Nhi
Source: https://baochinhphu.vn/khan-truong-hoan-thien-du-thao-luat-hang-khong-dan-dung-viet-nam-thay-the-102250715170332515.htm
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