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Official Gazette

Saturday, August 13, 2022

Bill on Civil Aviation

Updated: 10:38’ - 05/09/2005

The draft of a new Civil Aviation Law was presented on August 22 to the National Assembly Standing Committee (NASC) for discussion.

According to the Government’s report, the current Law contains many provisions no longer suitable to the current situation in Vietnam and international practices such as those on contracts for hiring professional flight crew, temporary detention of civil aircrafts, use of US dollar as a unit of calculation for compensation, environmental protection in civil aviation activities, and charter of civil aircrafts.

As compared with the current Law, the draft law has three new chapters on aviation security, common aviation, and liability for compensation. It annuls two chapters of the current Law on aviation inspectorate and handling of violations and dispute settlement as these issues have been provided for in other laws.

Of note, the Bill allows all economic sectors to take part in the aviation domain, saying that all organizations and individuals are encouraged to invest in airport development, set up new air carriers or engage in different forms of aviation services.

However, as aviation is seen as a special sector, any new player in the field should meet requirements under Vietnamese laws and regulations.  

The Bill further says that all organizations and individuals taking part in projects on building airports must comply with approved plannings and legal documents on investment and construction so as to prevent waste. The management and operation of airports will be conducted on the principle that agencies, organizations or individuals having decided on the model of investment and construction will be entitled to control and operate airports.

The Bill stipulates that air carriers would have to compensate passengers for delayed flights. Nevertheless, it only mentions compensation in principle while detailed guidelines would be provided in sub-law documents.

Discussing State management work at airports, most NASC members agreed that regional airport authorities should not be assigned to perform the State management functions, but only deal in airport infrastructure.

Another issue that concerned most NASC members was airspace management. According to National Assembly (NA) Vice Chairman Nguyen Phuc Thanh, the Bill should clearly define the responsibilities of the Defense Ministry for airspace management.-  


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