
According to the meeting agenda this morning, the Committee on Law and Justice will examine the draft Law on Civil Aviation of Vietnam (amended).

Presenting the Draft Law, Deputy Minister of Construction Le Anh Tuan said that the Law is aimed at institutionalizing the Party and State's guidelines and policies, perfecting mechanisms and policies in the field of civil aviation; implementing Vietnam's commitments to the international community; enhancing the effectiveness and efficiency of state management in the field of civil aviation; overcoming difficulties and shortcomings; proposing solutions to new and emerging issues; clearing bottlenecks, creating new momentum for socio-economic development, international integration, and ensuring national defense and security in the new era.

The Draft Law consists of 11 chapters and 109 articles; it regulates civil aviation activities, including regulations on aircraft, airports, aviation personnel, flight operations, commercial air transport, general aviation, specialized aviation, aviation safety, aviation security, civil liability and other activities related to civil aviation.

The draft Law abolishes the following contents: planning of flight information areas; temporary detention of aircraft, search of aircraft; registration of rights to aircraft to comply with international practices, international treaties on civil aviation; provisions of the Civil Code and laws on handling of administrative violations. At the same time, the provisions on business of flight assurance services are removed from the list of conditional investment and business sectors to comply with the provisions of the law on investment.

The Committee on Law and Justice approved the comprehensive amendment of the Law on Civil Aviation of Vietnam for the reasons stated in the Government 's Submission; found that the provisions of the draft Law are consistent with the Party's policies and guidelines, and at the same time, have basically met the requirements of innovation in thinking in law-making.
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The Committee on Law and Justice recommends that the drafting agency review the prohibited acts in civil aviation activities stipulated in Article 12 of the draft Law to ensure that the prescribed acts are specific and common in civil aviation activities and are not yet stipulated in current laws.
Delegates also suggested that the draft Law should have more specific regulations on airlines having to compensate passengers for damages in case of flight cancellation, delay or change, or have a provision assigning the Government to regulate this content in detail.
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Regarding the regulation "Vietnam Aviation Authorities and Aviation Security Authorities are entitled to monthly support of up to 80% of the current salary coefficient (excluding allowances) from the retained fee source" in Clause 2, Article 106 of the draft Law, some opinions expressed their agreement with the above regulation, because this is one of the contents of the special financial mechanism that has been allowed by the Prime Minister to be applied to the Civil Aviation Authority of Vietnam under Decision No. 51/2016/QD-TTg dated November 29, 2016. This regulation aims to ensure that Vietnam Aviation Authorities attract and retain high-quality human resources, especially the team of aviation safety supervisors.

However, some delegates suggested that the agency submit a report and seek opinions from the Party's competent authority to have a basis for regulating this content in the draft Law.
In his concluding remarks, Chairman of the Law and Justice Committee Hoang Thanh Tung stated that the Committee acknowledged the Government's efforts, attempts, and seriousness in preparing the draft Law dossier to ensure it meets the conditions to be submitted to the National Assembly for consideration and comments at the 10th Session.
Opinions at the meeting also basically agreed with the provisions in Article 30 of the draft Law on investment in construction of airports and works at airports. However, because it is still related to a number of provisions of the Land Law, Chairman of the Committee Hoang Thanh Tung suggested that the drafting agency coordinate with ministries and branches to handle and design these contents appropriately, ensuring the consistency of the legal system.

The Chairman of the Law and Justice Committee suggested that the drafting agency as well as the research team of the Standing Committee continue to review and clarify the scope of the draft Law on civil aviation activities in the airspace and territory of Vietnam.
Source: https://daibieunhandan.vn/uy-ban-phap-luat-va-tu-phap-hop-phien-toan-the-lan-thu-8-10390185.html
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