---
title: Law on Civil Aviation of Vietnam of Vietnam 2025
date: 2026-02-15T06:02:23Z
modified: 2026-06-16T12:36:01Z
permalink: "https://vnlawfirm.vn/van-ban/law-on-civil-aviation-of-vietnam-of-vietnam-2025/"
type: sdl_document
status: publish
excerpt: Law on Civil Aviation of Vietnam of Vietnam 2025 comes into force from July 01, 2026.
wpid: 140301
language:
  - English
post_translations:
  - pll_6991616eebd04
sdl_doc_cat:
  - Law
featured_image: /wp-content/uploads/2026/02/law-on-civil-aviation-of-vietnam-of-vietnam-2025.jpg
featured_image_alt: Law on Civil Aviation of Vietnam of Vietnam 2025
author: VN LAW FIRM
timestamp: 2026-06-16T12:36:01Z
tags:
  - English
  - pll_6991616eebd04
  - Law
---

| **THE NATIONAL ASSEMBLY ——-** | **THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————** |
| --- | --- |
| Law No. 130/2025/QH15 | _Hanoi, December 10, 2025_ |

**LAW**

ON CIVIL AVIATION OF VIETNAM

_Pursuant to the Constitution of Socialist Republic of Vietnam amended and supplemented by the Resolution No. 203/2025/QH15;_

_The National Assembly hereby promulgates the Law on Civil Aviation of Vietnam._

**Chapter I**

**GENERAL PROVISIONS**

**Article 1. Scope**

This Law provides for civil aviation activities, including provisions on aircraft, airports, aviation personnel, air navigation, commercial air transport, specialized aviation, general aviation, aviation safety, aviation security, civil liability and other activities related to civil aviation.

**Article 2. Definitions**

For the purposes of this Law, the terms below shall be construed as follows:

1\. _“aviation security”_ means part of national security and a combination of measures, human and material resources intended to safeguard civil aviation activities, prevent and combat acts of unlawful interference.

2\. _“aviation safety”_ means the state in which risks associated with the operation of aircraft are reduced and controlled and meet the objectives of the Vietnam civil aviation safety program.

3\. _“airport”_ means a defined area, including an aerodrome, structures and equipment serving aviation activities.

4\. _“domestic flight”_ means a flight having take-off and landing points located within the territory of Vietnam.

5\. _“international flight”_ means a flight having a take-off or landing point located outside the territory of Vietnam.

6\. _“aviation obstacle”_ means any natural or man-made object (fixed or mobile) on land, on water, in the air or any man-made structure that may affect the air navigation safety.

7\. _“essential structures of an airport”_ means a system of structures necessary for the safe operation of the airport.

8\. _“aviation service”_ means any service directly related to the aircraft operation, air navigation and airport operation_._

9\. _“air navigation enterprise”_ means an enterprise which provides air navigation services.

10\. _“airport enterprise”_ means an enterprise which conducts investment and business in an airport.

11\. _“air transport enterprise”_ means an enterprise which conducts commercial or specialized air transport business.

12\. _“airway”_ means a controlled airspace of defined altitude and width.

13\. _“aviation security oversight”_ means an activity carried out by the Vietnam’s aviation security authority in order to make sure that organizations and individuals operating in the field of civil aviation comply with aviation security regulations.

14\. _“aviation safety oversight”_ means an activity carried out by the Vietnam’s aviation authority in order to make sure that organizations and individuals operating in the field of civil aviation comply with aviation safety regulations.

15\. _“airline”_ means an enterprise which provides or operates commercial air transport services.

16_. “cargo”_ means any property carried on an aircraft other than mail, equipment or stores of the aircraft or accompanied or mishandled baggage.

17\. _“baggage”_ means personal property of passengers or crew carried by agreement with the carrier.

18\. _“civil aviation activity”_ means the use of aircraft and related activities for the purpose of conducting commercial air transport, specialized aviation and general aviation.

19\. _“aviation infrastructure”_ encompasses airport structures, air navigation facilities, and take-off and landing areas.

20\. _“structure at an airport”_ (hereinafter referred to as “airport structure”) means any structure serving the operation of the airport, including aerodromes, aviation security structures, structures providing air navigation services, aviation services, and other structures at the airport.

21\. _“air navigation structure”_ means the structures serving the provision of air navigation services inside and outside an airport, including area control centers, approach control centers, air traffic control towers, communication, navigation and surveillance stations, and other air navigation structures.

22\. _“aeroplane”_ means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight.

23\. _“Sustainable Aviation Fuel (SAF)_ means a fuel that is highly effective in reducing CO2 emissions in civil aviation activities and is produced from waste or renewable feedstocks.

24\. _“airport operator”_ means an organization granted an airport certificate.

25\. _“carrier”_ means an enterprise which conducts air transport business, including actual carrier and contracting carrier.

26\. _“flight permission”_ means a written form or clearance which is issued by a competent person or competent agency and contain the conditions and limitations within which the operation of an aircraft is permitted.

27\. _“state of the aircraft operator”_ means the State in which the aircraft operator’s principal place of business is located or, if there is no longer such a business, the aircraft operator’s permanent residence.

28\. _“State of Registry”_ means the state in which the aircraft’s nationality is registered.

29\. _“aerodrome”_ means a defined area on land or water within an airport, which is intended to be used for the arrival, departure and surface movement of aircraft.

30\. _“aircraft”_ means any machine that can derive support in the atmosphere from the reactions of the air, including aeroplanes and helicopters, except:

a) Machines that can derive support in the atmosphere from the reactions of the air against the earth’s surface;

b) Unmanned aircraft and other aerial vehicles as prescribed by the Law on People’s Air Defense.

31\. _An aircraft is considered to be in flight_ from the moment its power is applied for the purpose of taking off until the moment its engine shuts down after landing.

32\. _“helicopter”_ means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes.

33\. _“IDERA (Irrevocable De-registration and Export Request Authorization)”_ means a document issued in accordance with the Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters Specific to Aircraft Equipment (hereinafter referred to as the “Cape Town Convention and Protocol”), which designates the person entitled to request the de-registration or export of an aircraft.

34\. _“low altitude air transport”_ means an organization or individual using unmanned aircraft and other aerial vehicles to conduct commercial air transport and specialized air transport.

35\. _“scheduled commercial air transport”_ means commercial air transport consisting of flights operated on a regular basis, in accordance with a published flight schedule, and open to use by the public.

36\. _“non-scheduled commercial air transport”_ means commercial air transport that does not possess all the characteristics of scheduled commercial air transport.

37\. _“flight information region”_ means an airspace of defined dimensions within which flight information service and alerting service in air navigation are provided.

38_. “aerodrome airspace”_ means an airspace with defined lateral and vertical limits appropriate to the characteristics of each aerodrome, serving aircraft take-off, landing, and holding in the aerodrome.

**Article 3. Application of laws**

1\. Civil aviation activities shall comply with this Law, relevant laws and treaties to which Socialist Republic of Vietnam is a signatory.

2\. Where a law or resolution of the National Assembly promulgated after the effective date of this Law needs to stipulate a special regulation on civil aviation activities which is different from the regulations of this Law, the law or resolution must specify the contents to be implemented or not to be implemented as per the regulations of this Law, and the contents to be implemented as per the regulations of such law or resolution.

3\. In the event of a conflict of laws, the application of laws shall be carried out in accordance with the following principles:

a) The laws of the State of Registry apply to social relations arising on board an aircraft in flight and are employed to determine rights in such aircraft;

b) The laws of the State where the rescue or preservation of an aircraft is carried out apply to the payment of remuneration for the rescue or preservation of such aircraft;

c) The laws of the State where an accident occurs as a result of collision of aircraft or interference with each other or due to an aircraft in flight causing damage to the third parties on the surface apply to the compensation for damage.

**Article 4. Principles of civil aviation activities**

1\. Respect independence, sovereignty, unity and territorial integrity of the Socialist Republic of Vietnam; ensure national defense and security; effectively exploit civil aviation potential for national socio-economic development.

2\. Ensure safety, regularity and efficiency in air navigation services management within the territory of Vietnam and the flight information regions managed by Vietnam.

3\. Ensure compliance with regulations and standards on aviation safety and aviation security; ensure close and comprehensive cooperation in state management of civil aviation.

4\. Conform with strategies and orientations for transport development; seamless development of airports, air navigation, means of transport and other resources; environmental protection and adaptation to climate change for sustainable development.

5\. Affirm the role of the State in managing and regulating the market in the field of civil aviation.

6\. Facilitate the use of air transport services by persons with disabilities, the elderly, children, pregnant women and persons with meritorious services to the revolution.

7\. Expand international cooperation in the field of civil aviation.

8\. Prepare plans, forces, equipment, and make other necessary preparations to promptly respond to acts of unlawful interference with civil aviation activities.

**Article 5. Policies on development of civil aviation**

1\. Ensure the freedom of business and fair competition among all economic sectors in accessing business opportunities and resources of the economy; protect rights and lawful interests of Vietnamese organizations and individuals, overseas Vietnamese, foreign organizations and individuals participating in civil aviation activities.

2\. Mobilize resources at the maximum and diversify forms and methods of investment, construction, management, operation, exploitation, and maintenance in civil aviation in order to develop modern airports that are synchronously connected with other modes of transport and improve investment efficiency.

3\. Provide support for investment in and development of civil aviation in extremely disadvantaged areas, remote and isolated areas and mountainous areas, and on islands.

4\. Support the development of Vietnam’s aviation industry and aviation supporting industries; encourage research into, development, application of science and technology, and digital transformation in the field of civil aviation; research into and development of low-altitude air transport.

5\. Provide tax, credit, and land incentives for investment, research into, production, import, distribution, and use of sustainable aviation fuels, as well as for investment in the construction and operation of sustainable aviation fuel infrastructure.

6\. Provide resources for increasing capacity for airspace management and utilization; build, maintain, develop, and implement systems for aviation safety and aviation security oversight and for the investigation of aviation incidents and accidents in accordance with the standards of the International Civil Aviation Organization (hereinafter referred to as “ICAO”), which ensure practicality and suit the needs for development of the aviation market.

7\. Support and encourage the development and training of high quality human resources for civil aviation activities.

**Article 6. Research into, development, application of science and technology, digital transformation, technology transfer in civil aviation activities**

1\. Research into, development, application of science and technology, digital transformation, technology transfer in civil aviation activities shall be carried out as follows:

a) Ensure the use of advanced and modern technologies, ensure aviation safety and aviation security, environmental protection, and reduction of greenhouse gas emissions;

b) Match the development trends of international civil aviation;

c) Give priority to the application of advanced technologies recommended by ICAO and international organizations of which Viet Nam is a member;

d) Encourage the study and application of national standards, international standards, regional standards, foreign standards, and guidelines, procedures, and technologies for the related industries and sectors.

2\. Research into, development and application of science, advanced technologies, means, equipment and materials in civil aviation activities, roadmaps and solutions for digital transformation and application of artificial intelligence in the construction, management, and operation of civil aviation activities shall be carried out in conformity with civil aviation development policies and plans.

**Article 7. Aviation industry development**

1\. The aviation industry includes:

a) Research into, design, fabrication, production, and design modification of aircraft, engines, propellers, aircraft equipment, components, and equipment of air navigation systems and airports;

b) Maintenance of aircraft, aircraft engines, aircraft propellers, aircraft equipment, components and equipment of air navigation systems and airports;

c) Research into, production and application of aviation fuels;

d) Research into, production, fabrication, and application of aviation materials;

dd) Research into, production, and application of digital technologies, artificial intelligence, software, and automation in the field of aviation.

2\. Organizations, enterprises, and individuals engaged in aviation industry activities are entitled to the following policies:

a) Organizations presiding over science and technology activities using state capital or other lawful capital may decide limited bidding, direct contracting, order placement or assignment of tasks to select suppliers of products, services, and goods, Sequence and procedures for limited bidding, direct contracting, order placement or assignment of tasks for selection of suppliers of products, services, and goods shall comply with law;

b) Enterprises are entitled to the same incentives as those for hi-tech enterprises in accordance with the law on high technology;

c) For organizations and individuals participating in science and technology activities that receive support from the state budget for the procurement and operation of machinery and equipment serving the performance of their tasks, the law on high technology shall be complied with.

3\. Organizations and individuals participating in training and development of human resources for the aviation industry are entitled to policies in accordance with the law on high technology.

4\. The State introduces policies to make sure Vietnam’s aviation authorities are capable of evaluation and approval of the design, fabrication, production, and use of aviation industry products; areas for flight training and testing of aerial vehicles.

5\. The State introduces policies to support the development of the aviation industry through international cooperation, market information, communication, investment linkage, tax incentives, commercialization of scientific research findings, technology development, and other necessary support in accordance with the law on science, technology, and innovation.

**Article 8. Civil aviation database**

1\. The civil aviation database is a specialized database serving state management of civil aviation and other purposes; is connected with and shared among national databases and other relevant databases.

2\. The competent state agency shall preside over organizing the establishment, management and operation of the civil aviation database. Enterprises operating in the field of civil aviation shall provide data for the establishment of the civil aviation database.

3\. Data sharing shall be carried out via digital platforms, ensuring connectivity and synchronization, and compliance with the laws on data, personal data protection, cybersecurity, and other relevant laws.

4\. The funding for establishment, maintenance, and operation of the civil aviation database system shall be covered by the state budget and raised from enterprises operating in the field of civil aviation or other lawful funding sources.

**Article 9. Environmental protection in civil aviation activities**

1\. Civil aviation activities shall ensure the minimization of adverse impacts on the environment; reduction of emissions; limitation of noise generated by aircraft operations.

2\. Aircraft, aircraft engines, propellers, air navigation equipment, airport equipment, and other ground equipment shall comply with requirements, standards, and technical regulations on environmental protection.

3\. A plan shall be promulgated for the implementation of Vietnam’s international commitment to carbon offsetting and reduction for international aviation and to sustainable aviation fuels in accordance with law.

**Article 10. Principles of international cooperation in civil aviation**

1\. Ensure independence, sovereignty, territorial integrity, and national interests; meet the requirements for international integration on the basis of equality and mutual benefit.

2\. Fulfill the responsibilities of a member State in international organizations of which Viet Nam is a member in the field of civil aviation.

3\. Promote the development of Vietnam’s civil aviation sector in accordance with international standards and practices.

**Article 11. Aviation facilitation**

1\. Aviation facilitation refers to activities intended to facilitate the operation of international flights and prevent unnecessary delays to aircraft, crews, passengers and cargo, especially in the administration of the laws relating to immigration, transit, quarantine, customs and clearance.

2\. Facilitation in civil aviation shall be implemented through the National Program for Simplification of Aviation Procedures, including the following basic contents:

a) Risk management in the accomplishment of border control procedures for the release and clearance of cargo; and the implementation of measures for the disease prevention and control, natural disaster management, and in other emergency situations;

b) Developing effective information technology to increase the efficiency and effectiveness of aviation procedures;

c) Establishing appropriate communication mechanisms enabling ICAO Member States and aircraft operators to submit requests and recommendations on issues related to border control, prophylaxis, and customs.

**Article 12. Prohibited acts in civil aviation activities**

1\. Releasing devices, items, or other objects into the airspace, thus jeopardizing the flight safety.

2\. Willfully damaging signal systems, equipment, radio beacons, air traffic services units, other equipment at airports, systems and equipment for air navigation located outside airports or operating or allowing the operation of ground vehicles that fail to meet technical requirements at aerodromes.

3\. Unauthorized alteration, replacement, installation or removal of communication devices, unauthorized deactivation or change of configurations of communication devices causing obstructions to aviation activities.

4\. Constructing structures or installing other equipment that affects flight safety or operation of equipment at airports; conducting activities that generate excessive smoke, dust, fire, or emissions within airports and their vicinity, thus adversely affecting safe operation at airports.

5\. Installing and using lighting systems, signals or objects within airports and their vicinity, thereby affecting the aircraft takeoff and landing at airports or the identification of airports.

6\. Raising or releasing animals within airports.

7\. Introduction on board an aircraft, at an airport or in an restricted area of any dangerous article in violation of regulations.

8\. Destroying, damaging, deforming, displacing markers, separators, signal-bearing objects and protective objects at airports; damaging signs and equipment used for the identification of airports.

9\. Threatening or jeopardizing the safety of flights, thus endangering the life, health and property of other persons on board aircraft.

10\. Destroying aircraft, aircraft engines, aircraft propellers and aircraft equipment.

11\. Unlawfully revealing information of passengers or users of air transport services.

12\. Buying, selling, giving, or receiving air traffic rights; using any brand, including trade names or trademarks, that may cause confusion with those of another aviation enterprise.

13\. Making false entries, forging, or intentionally falsifying records of aircraft maintenance, aircraft operation or aviation personnel training.

14\. Performance of duties by aviation personnel under the influence of alcohol or banned stimulants in accordance with the law and competent authorities’ regulations.

15\. Unlawfully using unmanned aerial vehicles at airports and their vicinity.

16\. Willfully concealing or failing to report aircraft incidents or accidents; falsifying information, damaging or destroying inspection equipment and other evidence related to aircraft incidents or accidents.

**Chapter II**

**AIRCRAFT**

**Article 13. Registration, management and deregistration of Vietnamese nationality aircraft**

1\. An aircraft is permitted to have Vietnamese nationality registered or temporarily registered only when it does not have the nationality of any country or has its foreign nationality de-registered.

2\. An aircraft is permitted to have Vietnamese nationality registered or temporarily registered and recorded in the aircraft register of Vietnam.

3\. Upon registration or temporary registration, the aircraft shall bear a nationality mark and registration mark in accordance with law.

4\. A Vietnamese nationality aircraft shall be de-registered in the following cases:

a) It is deemed missing;

b) It has been damaged beyond repair or recovery;

c) It fails to meet the provision specified in clause 1 of this Article;

d) The de-registration is requested by the authorized party under the IDERA in case the IDERA has been registered with the Vietnam’s aviation authority;

dd) The de-registration is requested by the applicant for aircraft registration or aircraft owner. Where the IDERA has been registered, the applicant for aircraft registration and the aircraft owner may only exercise the right to request de-registration of the aircraft nationality in case the authorized party under the IDERA has issued a written notice of revocation of the IDERA or the IDERA has been revoked;

e) A judgment or decision of the Court or an arbitral decision requesting the de-registration of Vietnamese nationality aircraft that has taken legal effect has to be executed.

5\. The de-registration of Vietnamese nationality aircraft as prescribed in clause 4 of this Article shall be subject to the consent of the person having right(s) in the registered aircraft in accordance with Article 17 of this Law, unless the aircraft is disposed of for the execution of a judgment or decision of the Court or an arbitral award having legal effect, or in the case prescribed in point d clause 4 of this Article.

**Article 14. Type certificates, airworthiness certificates**

1\. Any aircraft, aircraft engine or aircraft propeller manufactured in Vietnam or imported into Vietnam must have a type certificate or comply with technical standards issued or recognized by a competent Vietnamese state agency. An aircraft, aircraft engine or aircraft propeller will be granted or have its type certificate recognized if its design meets the design standard issued or recognized by the competent Vietnamese state agency.

2\. The airworthiness certificate or aircraft radio equipment installation certificate must be issued or recognized by the State of Registry.

3\. An aircraft is permitted to operate within the territory of Vietnam only when it has an effective airworthiness certificate issued or recognized by the Vietnam’s aviation authority.

4\. Organizations and individuals shall be granted approval or recognition by the Vietnam’s aviation authority to design, manufacture, test or maintain aircraft, aircraft engines, aircraft propellers and aircraft equipment in accordance with the law.

5\. Aircraft bearing Vietnamese nationality, engines, propellers and equipment of aircraft bearing Vietnamese nationality must be maintained at maintenance facilities and in accordance with the maintenance program approved or recognized by the Vietnam’s aviation authority.

6\. The provision of aircraft, aircraft engine, aircraft propeller and aircraft equipment design, manufacturing, maintenance and testing services is a conditional business line in the field of civil aviation.

**Article 15. Import and export of aircraft and their engines, propellers and equipment**

1\. The import of aircraft and their engines, propellers and equipment must ensure national defense and security, aviation safety and compliance with the provision on age limits for used aircraft.

In cases where aircraft, aircraft engines, aircraft propellers and aircraft equipment are imported as learning materials or for exhibition or scientific research, the provision on the age limits for used aircraft is not required to be complied with.

2\. An authorized party under the IDERA registered with the Vietnam’s aviation authority has the right to request the export of aircraft in accordance with the Cape Town Convention and Protocol.

3\. An export certificate of airworthiness is not required for aircraft exported from Vietnam, except where an organization or individual requests the issuance of an export certificate of airworthiness in order to meet the requirements of the importing State.

**Article 16. Aircraft operators**

1\. Aircraft operator means an organization or individual engaged in or offering to engage in an aircraft operation.

2\. An aircraft operator may provide commercial air transport services or specialized air transport services only after being issued with an air operator’s certificate by the Vietnam’s aviation authority.

3\. A foreign aircraft operator that holds an aircraft operator’s certificate issued by another ICAO Member State may operate the aircraft to and from Vietnam only after its aircraft operator’s certificate is recognized by the Vietnam’s aviation authority.

**Article 17. Rights in aircraft and registration of rights in aircraft**

1\. Rights in aircraft include:

a) Ownership;

b) Rights to possession and operation of aircraft by through definite-term lease or hire-purchase;

c) Mortgage and pledge of aircraft;

d) Other rights as per the law and treaties to which the Socialist Republic of Viet Nam is a signatory.

2\. Rights in aircraft specified in clause 1 of this Article include those airframe, engines, propellers, radio apparatus and other equipment intended for use in the aircraft, irrespective of whether they have been installed on board the aircraft or temporarily removed therefrom.

3\. All registered rights of the same aircraft must be recorded in the aircraft register of Vietnam. The registration of rights in respect of an aircraft shall take effect from the time such rights are recorded by the registration authority in the aircraft register of Vietnam.

**Article 18. Notification of auction of aircraft bearing Vietnamese nationality**

Prior to the auction of an aircraft bearing Vietnamese nationality, the owner of the property to be auctioned shall publicly disclose and notify in writing the auction of the aircraft to the Vietnam’s aviation authority, the owner, and all persons with interests recorded in the aircraft register of Vietnam at least 01 month before the date of the auction.

**Article 19. Payment for aircraft rescue and preservation**

1\. An organization or individual undertaking aircraft rescue and preservation shall be given priority right to payment for aircraft rescue and preservation and reimbursements for relevant costs.

2\. Within 90 days from the end of the aircraft rescue and preservation, the organization or individual undertaking aircraft rescue and preservation shall register their priority right to payment.

3\. After the deadline specified in clause 2 of this Article, the priority right to payment for aircraft rescue and preservation shall not be recognized, except for the following cases:

a) The priority right to payment for aircraft rescue and preservation has been registered as prescribed in clause 2 of this Article;

b) The organization or individual undertaking aircraft rescue and preservation and the organization or individual obliged to make payment have reached an agreement on the sum payable;

c) The organization or individual undertaking aircraft rescue and preservation has initiated a lawsuit regarding the payment for aircraft rescue and preservation.

**Article 20. Priority debts**

1\. Priority debts shall be paid in the following order:

a) Court fees and costs of judgment enforcement;

b) Remuneration for aircraft rescue and preservation and related costs;

c) Other debts.

2\. Debts specified at point b clause 1 of this Article shall be paid in the order that the last debt shall be paid first. Debts specified at point c clause 1 of this Article shall be paid in the order prescribed by relevant laws.

**Article 21. International interests in aircraft and aircraft equipment registered with the international registry**

1\. International interests in aircraft and aircraft equipment shall be governed by the provisions of the Cape Town Convention and Protocol.

2\. When exercising remedies at the request of an authorized party under an IDERA that has been registered with the Vietnam’s aviation authority in accordance with Articles IX and XIII of the Cape Town Protocol, the Vietnam’s aviation authority is not be required to obtain consent, approval, order or decision of a Vietnamese Court before, during or after the revocation of the certificate of aircraft nationality registration or certificate of airworthiness for aircraft and to effect the de-registration of the aircraft nationality.

3\. Courts, aircraft registry authority, customs authorities, and other relevant state management agencies shall cooperate with and assist the authorized party under the IDERA in exercise of the remedies prescribed in Articles IX and XIII of the Cape Town Protocol.

**Article 22. Lease and purchase of aircraft**

1\. Vietnamese organizations and individuals may lease or purchase aircraft to conduct commercial air transport and other civil aviation activities in Vietnam

2\. The introduction of an aircraft to Vietnam for operation shall be subject to the approval of the Vietnam’s aviation authority by way of assessing the following contents:

a) Technical requirements for aircraft operated in Vietnam; organization responsible for the operation and maintenance of the aircraft;

b) The plan for fleet development for operation in Vietnam; aviation infrastructure; capacity of the Vietnam’s aviation authority for aviation safety oversight;

c) Lease term, age and number of aircraft;

d) Requirements for purchase of civil liability insurance for passengers, baggage, cargo and third parties on the surface.

3\. When using a leased aircraft, the lessee is not permitted to let the lessor or any other person related to the lessor to enjoy the lessee’s economic benefits or to exercise the lessee’s air traffic rights.

4\. The Vietnamese air transport enterprise shall formulate a plan for fleet development for operation in Vietnam and notifying the Vietnam’s aviation authority thereof.

**Article 23. Transfer of obligations between the State of Registry and the State of the aircraft operator**

1\. Where a Vietnamese organization or individual leases or exchanges an aircraft bearing foreign nationality for operation and use in Vietnam, the Vietnam’s aviation authority shall enter into an agreement with the competent authority of the State of Registry to assume part or all of the obligations of the State of Registry in accordance with clause 4 of this Article.

2\. Where a Vietnamese organization or individual leases out or exchanges an aircraft bearing Vietnamese nationality for operation and use in a foreign country, the Vietnam’s aviation authority shall enter into an agreement with the competent authority of the State of the aircraft operator to transfer part or all of the obligations of the State of Registry in accordance with clause 4 of this Article.

3\. The assumption or transfer of obligations of the State of Registry of the aircraft must comply with the laws of Vietnam and treaty to which the Socialist Republic of Viet Nam is a signatory.

4\. The agreement specified in clauses 1 and 2 of this Article shall be notified to ICAO and relevant aviation authorities; such agreement shall cover part or all of the obligations related to the implementation of the following regulations:

a) Provisions on air navigation;

b) Provisions on the certificate of airworthiness;

c) Provisions on crew members;

d) Provisions on installation and use of radio equipment on board aircraft.

**Article 24. Suspension of flights**

1\. An aircraft that has not yet taxied shall be suspended from making a flight under the decision of a competent state agency or competent person when one of the following cases occurs:

a) There is an urgent circumstance necessitating the performance of the task of safeguarding national sovereignty and security; it is detected that the aircraft shows signs of violation against regulations on assurance of national defense and security;

b) There is any violation of regulations on airworthiness standards, aircraft operation, aviation safety, flight formalities, formulation and implementation of flight schedules or observance of flight permission are violated and there are other signs that jeopardize aviation safety;

c) There is any threat to aviation security or violation of aviation security regulations.

2\. Pilot-in-command and aircraft operators shall comply with flight suspension decisions and may request competent state agencies and persons to clarify the suspension reasons.

3\. The aircraft suspended from making its flight may resume its flight after the competent state agency or competent person decide to permit the flight resumption.

**Article 25. Requesting aircraft landing**

1\. An aircraft which is in flight within the Vietnamese territory may be requested to land at a location designated by a competent state agency or competent person when it is suspected that there exists a threat to the flight safety and security or in other cases at the request of the by the competent state agency or competent person.

2\. The aircraft requested to land may resume its flight after the competent state agency or competent person decides to permit the flight resumption.

**Article 26. Arrest of aircraft**

1\. The arrest of an aircraft means a measure effected by a Court in favor of a creditor, owner or third party on the surface suffering damage or of other persons with rights and interests in the aircraft as prescribed in clause 2 of this Article, except for arrest of an aircraft for enforcement of a legally effective court judgment or decision or coercive decision of the competent state agency. The arrest may apply to any aircraft of the same owner.

2\. The People’s Court of the area with the airport at which the arrested aircraft is requested to land has the authority to issue a decision to arrest the aircraft in the following cases:

a) Upon written request of its owner or creditor in case the aircraft is collateral for debt to the creditor;

b) Upon written request of a third party that suffers damage on the surface caused by the aircraft in flight or of persons with rights and interests in the aircraft.

3\. The person that requests the arrest of the aircraft shall provide financial guarantee in the form and with the value fixed by the People’s Court which is equivalent to the damage possibly caused to the aircraft when it is arrested.

4\. In case of arrest of an aircraft, the carrier and the aircraft operator shall still perform their contractual obligations.

5\. The arrest of an aircraft terminates in the following cases:

a) All debts have been completely paid off;

b) Substitute guarantee measures have been applied;

c) The person who requests the arrest of the aircraft requests its release.

6\. The aircraft arrest procedures shall comply with the regulations laid down by the Standing Committee of National Assembly.

**Article 27. Compensation liability**

1\. Any competent state agency or competent person that issues a flight suspension decision or requests aircraft landing or aircraft arrest in contravention of the law shall pay compensations for damage caused to the aircraft operator or carrier.

2\. The compensation shall be paid as prescribed by law.

**Chapter III**

**AIRPORTS**

**Article 28. Airport classification**

1\. Airports are classified into the following categories:

a) International airports, which serve international flights and domestic flights;

b) Domestic airports, which serve domestic flights;

c) Specialized airports, which serve general aviation, specialized air transport or non-scheduled commercial air transport.

2\. Limit of the vicinity of an airport shall be determined in order to ensure aviation safety, aviation security, and search and rescue in civil aviation activities.

3\. Domestic airports are be permitted to receive international flights in certain cases as decided by competent state agencies.

4\. An airport may be converted for military use in emergency cases to undertake national defense and security tasks in the state of war or state of emergency concerning national defense and security.

The Minister of National Defense and the Minister of Public Security shall decide definite-term repurposing of dual-use structures serving national defense and security purposes as those serving civil aviation purposes.

5\. An aerodrome within an airport may be operated on a dual-use basis for civil aviation and for the people’s armed forces. The owner of a national defense or security structure shall decide to put such structure into dual-use operation and shall cooperate with relevant agencies, units and local authorities in managing and operating the structure in accordance with this Law and other relevant laws.

**Article 29. Airport planning schemes**

1\. Airport planning schemes comprise:

a) National airport system planning scheme, which is a sectoral planning scheme determining orientations for development of the national airport system as a basis for orienting the formulation of a detailed airport planning scheme. The national airport system planning scheme does not cover specialized airports;

b) Detailed airport planning scheme, which is a sectoral detailed planning scheme determining orientations for spatial development and organization of an airport.

2\. The planning period of a detailed airport planning scheme shall be consistent with that of the national airport system planning scheme; the detailed airport planning scheme be reviewed on a periodic or ad hoc basis to be adjusted in a manner that suits socio-economic development conditions in each period.

3\. The formulation, appraisal, approval, and adjustment of a planning scheme shall be carried out in accordance with the planning law and the law on civil aviation.

**Article 30. Investment in construction of airports and airport structures**

1\. The investment in construction of airports and airport structures shall adhere to the following principles:

a) Comply with the detailed airport planning scheme;

b) Suit socio-economic development needs;

c) Ensure synchronous connection of airport infrastructure, connection between airports and other public passenger transport infrastructure, transport connection among airports within a region;

d) Satisfy requirements for management and operation of dual-use structures for both national defense and security purposes and civil purposes;

dd) Comply with regulations on capacity of investors, market access conditions applicable to foreign investors; and conditions for transfer of projects, project enterprises, capital and assets formed during and after investment to foreign investors or foreign-invested organizations.

2\. The State makes investment or assigns state-owned enterprises to make investment or organize the selection of investors in accordance with law to construct new airports.

3\. With respect to an airport structure on national defense or security land and public property, any competent authority may decide investment and permit every investor or enterprise to:

a) Invest in the construction, upgradation, expansion, maintenance, and operation of structures for dual-use purposes at airports on national defense or security land without having to transfer land use rights or repurpose land;

b) Invest in the upgradation, expansion and maintenance of airport structures being public property without having to transfer the property ownership and have the costs of investment and maintenance allocated and reimbursed;

c) In cases where the enterprise or investor transfers their project or changes the operator or user of a structure specified in point a or b of this clause, such transfer or change shall be subject to a competent authority’s decision.

4\. For any structure that affects the operational safety or is no longer usable or does not match the planning scheme, the competent authority may decide a plan for dismantling or relocation and pay compensation in accordance with law.

5\. Every airport investor or airport enterprise shall make investment and sublease land for investment in construction of airport structures in a public, transparent and fair manner.

6\. An airport investor or airport enterprise implementing a project on investment in expansion or upgradation of an airport structure on the area of land leased out by the State is not required to follow the procedures for investment policy approval.

**Article 31. Investment in construction of airports using non-state capital sources**

1\. The State shall organize the selection of investors in the construction of airports in the form of public-private partnership or business investment. Prior to deciding the form of investment, the competent state agency shall reach a consensus of opinion from the Ministry of National Defense and the Ministry of Public Security to ensure national defense and security.

2\. The investment in an airport in the form of public-private partnership shall be made as per the law on public-private partnership investment. The investment in an airport in the form of business investment shall be made as per the law on investment and the following regulations:

a) The transfer of public property to an investor for investment in airport construction and the determination of the value of public property to be returned to the State shall be carried out in accordance with regulations of the Government;

b) The investor shall transfer the entire aviation infrastructure assets formed from their project to the State upon the expiry of the project’s operating duration, including the extension period (if any) on the basis of the compensation which shall be equal to the carrying amounts of the invested assets at the time of transfer in accordance with regulations of the Government.

3\. The investment in expansion and upgradation of an airport shall be made as follows:

a) According to the proposal of the investor that has invested in the construction of the airport; in this case, the competent authority shall reach an agreement with the investor to organize the implementation of the project;

b) According to the competent authority’s decision in case no agreement can be reached with the investor as prescribed in point a of this clause or the investor fails to perform or improperly performs the obligations prescribed in clause 1 Article 34 of this Law.

**Article 32. Investment in construction of offices of state agencies and air navigation structures at airports**

1\. The investment in the construction of offices of state authorities at airports shall be made by the State or airport investors.

2\. The investment in construction of air navigation structures at airports shall be made by the State, enterprises providing air navigation services and airport enterprises or airport investors.

3\. Where an airport investor makes investment in accordance with clause 1 or 2 of this Article, such investor shall transfer the structure to the State after the investment and construction and shall receive a payment for the invested structure in accordance with relevant laws.

4\. Agencies and enterprises that own and manage offices of state agencies and air navigation structures at airports shall be responsible for investment in the upgradation, renovation and expansion of such structures.

**Article 33. Business activities at airports**

1\. Business activities at airports comprise:

a) Airport business;

b) Provision of aviation services at airports;

c) Provision of other services.

2\. The business lines specified in points a and b clause 1 of this Article are conditional business lines in the field of civil aviation. The provision of other services specified in point c clause 1 of this Article shall comply with relevant laws.

**Article 34. Rights and obligations of airport enterprises**

1\. Upon investment in construction of an airport or airport structure, an airport enterprise has the following rights and obligations:

a) Organize the investment in, construction, upgradation, renovation and expansion of the airport or airport structure in accordance with the planning scheme, except for structures within the scope of management and operation of the air navigation enterprise and cases where the State decides the investment plan;

b) Invest in and procure equipment, technology and software supporting and serving the control, management and exploitation of the airport and the airport collaborative decision making.

2\. Upon conduct of business activities at an airport, an airport enterprise has the following rights and obligations:

a) Organize the operation of an airport in the following forms: direct management and operation; assigning or hiring a person to operate the airport;

b) Directly provide or organize the provision of aviation services at the airport and other services at the airport; ensure the quality of aviation services at the airport;

c) Transfer rights to render services at the airport to organizations and individuals providing services on the list of services in the price bracket established by the State; transfer rights to use shared technical infrastructural constructions at the airport to other organizations and individuals providing services at the airport.

3\. Cooperate with relevant agencies and enterprises in the investment in, construction and operation of infrastructure, and provision of services by other modes of transport at airports.

4\. Where an airport enterprise directly operates an airport as prescribed in point a clause 2 of this Article, it must satisfy the requirements applicable to airport operators specified in clause 1 Article 35 of this Law; where it directly provides aviation services at the airport and other services at the airport as prescribed in point b clause 2 of this Article, it must also comply with relevant laws.

**Article 35. Management of airport operation**

1\. The management of airport operation must satisfy the following requirements:

a) Maintain a uniform, synchronous, continuous, and efficient operation chain;

b) Comply with the provisions of law; meet ICAO standards, technical regulations, and applicable standards;

c) Ensure quality of services and facilitate civil aviation activities at airports;

d) Meet requirements for operation of dual-use structures;

dd) Airport structures, aviation vehicles and equipment shall undergo periodic and ad hoc inspection and maintenance to ensure their compliance with applicable design standards, operation standards and operations manual promulgated.

2\. At each airport, the competent authority shall grant an airport certificate to one airport operator when all conditions prescribed by the Government are satisfied.

3\. Upon management and operation of an airport, an airport operator has the following rights and obligations:

a) Maintain its satisfaction of the conditions specified in the airport certificate;

b) Directly manage, operate and maintain the airport, airport structures and equipment under its management;

c) Preside over coordinating activities of operating the airport and safety assurance;

d) Cooperate with agencies of the People’s Armed Forces in performing national defense and security assurance tasks at the airport in accordance with the requirements and plans of competent state agencies;

dd) Be subject to inspection and oversight by the Vietnam’s aviation security authority, Vietnam’s aviation security authority, and other competent state agencies;

e) Monitor and produce statistics on its adherence to departure and arrival times at airports, propose solutions for the efficient use of departure and arrival times at airports.

4\. Every airport operator shall have its airport certificate revoked by a competent authority in accordance with the Government’s regulations. Where the airport operator has its airport certificate revoked, the State shall decide an airport operation plan.

**Article 36. Putting into operation and suspending airports, airport structures, part of airport structures**

1\. An airport shall be put into operation when having an airport certificate.

2\. A structure or part of the structure at an airport shall be put into operation as decided by a competent authority when operation conditions and standards are fully satisfied.

3\. The competent authority shall decide to suspend an airport, airport structure or part of the airport structure in the following cases:

a) An aviation disaster, incident or accident or another abnormal situation jeopardizes the aviation safety or aviation security;

b) Aviation infrastructure is upgraded, renovated, expanded or repaired;

c) Operation conditions fail to be met.

**Article 37. Coordination of departure and arrival times at airports**

1\. Coordination of departure and arrival times means the management and allocation of departure and arrival times of flights at an airport.

2\. The Vietnam’s aviation authority shall organize the coordination of departure and arrival times at airports in accordance with the following principles:

a) Within the limits and operational capacity of airports;

b) Assurance about transparency and non-discrimination, except for national defense and security reasons;

c) Convenience and efficiency, enhancement of operational capacity, expansion of route network;

d) Conformity with international practices.

**Article 38. Landing areas**

1\. Landing area means a defined area on land, water within or artificial structures, which is used for the landing and takeoff of aircraft but does not belong to the airport.

2\. A landing area shall be put into operation after being licensed by a competent state agency.

**Chapter IV**

**AIR NAVIGATION**

**Article 39. Air navigation services management**

1\. Air navigation services management shall cover the following:

a) Organization, operation and use of airspace;

b) Grant of flight permission;

c) Air navigation;

d) Cooperation in air navigation services management.

2\. An aircraft operating within the territory of Vietnam and flight information region managed by Vietnam shall observe the following regulations:

a) Take off, fly and land according to the journey, airway, altitude, traffic zone, flight procedures and entry/exit points stated in the flight permission, unless otherwise permitted by the air traffic service unit in accordance with regulations;

b) Comply with regulations on air navigation, rules of the air; regulations on pre-flight preparation, in-flight and post-flight actions.

3\. The pilot-in-command shall promptly report the following cases to the air traffic service unit:

a) His/her aircraft cannot fly according to the designated journey, airway, altitude, traffic zone, flight procedures or entry/exit points or cannot land at its intended destination stated in the flight permission;

b) Emergency situations require the aircraft to make a forced landing;

c) Other critical situations.

4\. Air traffic service enterprises and units, and military agencies managing airspace shall promptly notify each other and cooperate in applying priority measures to provide necessary assistance and instructions, share data and information serving air navigation services management among agencies and units in the cooperation in air navigation.

5\. Each air traffic service enterprise shall provide air traffic services to all aircraft operating within the designated airspace. Aircraft operating within a defined airspace shall be controlled by only one air traffic service unit.

6\. Aircraft operating within the flight information region managed by Vietnam shall be provided with air navigation services appropriate to the classified airspace.

7\. An aircraft must not be flown for demonstration and training purposes over densely populated areas, unless otherwise permitted by competent state agencies.

**Article 40. Organization, operation and use of airspace**

1\. The organization, operation, and use of airspace serving civil aviation activities shall be carried out on the principle of flexibility, regularity, efficiency and safety.

2\. Airspace shall be organized as follows:

a) Civil aviation airspace means airspace used for civil aviation purposes and classified in accordance with ICAO regulations;

b) Joint-use aerodrome airspace means aerodrome airspace serving both civil aviation activities and air navigation of the armed forces;

c) Prohibited area means an airspace of defined dimensions within which civil aviation activities are prohibited, unless otherwise licensed by a competent authority;

d) Restricted area means an airspace of defined dimensions within which civil aviation activities are restricted in accordance with certain specified conditions;

dd) Danger area means an airspace of defined dimensions within which activities dangerous to civil aviation may exist at specified times.

**Article 41. Grant of flight permission**

1\. Aircraft operating within the Vietnamese territory shall be granted flight permission by Vietnamese competent authorities.

2\. The grant of flight permission must adhere to the following principles:

a) Meet the requirements for national defense, security and foreign relations;

b) Ensure aviation safety and aviation security;

c) Be appropriate to the operational capacity of airports and air navigation service provision system.

**Article 42. Coercion of violating aircraft**

Any aircraft that illegally enters a prohibited or restricted area or regulations on air navigation services management or management and use of airspace may be subject to interception, escorting or forced landing at an airport or other coercive measures applicable to the aircraft.

**Article 43. Management of obstacles for safety of air navigation**

The management of obstacles for safety of air navigation includes the following activities:

1\. Determining obstacle clearance height and obstacle limitation surfaces;

2\. Publicly disclosing obstacle limitation surfaces and height of structures related to obstacle limitation surfaces in aerodromes that involve civil aviation activities; restricted areas ensuring the normal operation of aeronautical radio stations; obstacle clearance limits within airport vicinity;

3\. Producing statistics on, marking and publishing a list of natural and man-made obstacles that might affect air navigation safety.

4\. Managing the installation of markings and identification devices for high-rise buildings, bridge towers, cable car lines, tower cranes, power transmission lines, aeronautical radio equipment, and other structures and equipment that affect air navigation safety.

**Article 44. Use of radio frequencies**

1\. Radio frequency bands used for aeronautical radio stations and communication, navigation, and surveillance systems shall be exclusively reserved for civil aviation activities.

2\. The use of radio frequencies specified in clause 1 of this Article shall comply with the provisions of this Law and the law on radio frequencies.

**Article 45. Fuel dumping and dropping of baggage, cargo or other objects from aircraft**

An aircraft in flight shall not dump fuel or drop baggage, cargo or other objects from the aircraft. The aircraft may, by reason of the flight safety or performance of a rescue mission in emergency case or other flight missions in the public interest, dump fuel or drop baggage, cargo or other objects therefrom into the areas specified by the competent authority.

**Article 46. Aeronautical information**

Aeronautical data and aeronautical information shall be managed and announced in accordance with civil aviation law and ICAO standards.

**Article 47. Air navigation**

1\. Air navigation services are public utility services, including the following services:

a) Air traffic management;

b) Communication, navigation, and surveillance;

c) Aeronautical meteorology;

d) Aeronautical information;

dd) Aeronautical search and rescue.

2\. The State shall establish and organize enterprises to provide the services specified in clause 1 of this Article. The services specified in point a and point d clause 1 of this Article shall be provided by enterprises in which the State of which 100% charter capital is held by the State.

3\. Air navigation services must satisfy requirements for safety, continuity, regularity, and efficiency, and comply with regulations on the management, use, and protection of airspace, national defense, national security, cyberinformation security and cybersecurity.

4\. The establishment of air navigation structures, technical equipment, technical standards, operations manuals, aeronautical charts and aeronautical maps must conform to ICAO standards and guidance and the National Air Navigation Program.

5\. Facilities supplying air navigation services, air navigation structures, technical equipment, operations manuals, aeronautical charts and aeronautical maps must be licensed and approved before putting them into operation.

6\. The National Air Navigation Program shall be promulgated to organize and operate a uniform air navigation system in conformity the ICAO’s Air Navigation Program.

**Article 48. Aeronautical search and rescue**

1\. An aircraft is considered to be in distress when the aircraft or persons on board the aircraft are in a danger which the crew members are unable to control or when the aircraft has lost communication and its position has not been identified.

2\. An aircraft is considered to be in accident if it has sustained significant damage during taxiing, take-off, flight and landing or it has been completely destroyed or if it has been forced to land outside an aerodrome.

3\. An aircraft is considered to be missing from the date on which a decision on search termination is issued.

4\. Enterprises and facilities providing air traffic services, aeronautical search and rescue services, airport operators, competent forces and state agencies shall cooperate in applying all necessary and timely measures to conduct search and rescue and to assist the aircraft, passengers, crew and property.

5\. The search and rescue of an aircraft bearing Vietnamese nationality in distress or in accident in a foreign territory shall be conducted in accordance with the laws of the country where the aircraft is in distress or in accident.

In the case where an aircraft bearing foreign nationality is in distress or in accident in Vietnam, the State of Registry and the aircraft owner may participate in search and rescue operations in Vietnam and shall comply with Vietnamese laws.

6\. The cooperation and participation in search and rescue assistance between Vietnam and other countries must comply with the treaty to which the Socialist Republic of Viet Nam is a signatory.

**Chapter V**

**AIR TRANSPORT AND GENERAL AVIATION**

**Article 49. Air transport**

1\. Air transport is a conditional business line in the field of civil aviation, including commercial air transport and specialized air transport.

2\. Commercial air transport means an aircraft operation to transport passengers, cargo or mail for business purposes, including scheduled commercial air transport and non-scheduled commercial air transport.

3\. Specialized air transport means an aircraft operation for the purpose of business in industrial production, agriculture, forestry, fisheries, construction, training, and other economic sectors, and for the purpose of search and rescue, medical emergency, healthcare, scientific research, culture, sports, calibration flights, aerial survey, photography, filming, and other aerial work.

**Article 50. Conditions of Carriage**

1\. The Conditions of Carriage shall constitute an integral part of a contract of carriage, stipulating conditions met by air carriers for the transport of passengers, baggage, cargo and mail by air.

2\. Vietnamese airlines shall issue and publish their Conditions of Carriage and notify competent authorities thereof.

**Article 51. Air traffic rights**

1\. Air traffic rights mean the rights to conduct commercial air transport granted to airlines.

2\. An airline may carry out trade promotion activities and provide scheduled commercial air transport services after being granted air traffic rights by a competent authority.

3\. Domestic air traffic rights shall only be granted to Vietnamese airlines. Non-scheduled international air traffic rights and domestic air traffic rights shall be granted together with flight permission.

4\. A foreign airlines may conduct domestic air transport when permitted by competent authorities in the following cases:

a) Incident or disaster prevention, response or recovery;

b) Emergency humanitarian relief;

c) Serving the specific needs or purposes of organizations or individuals;

d) Other special cases as requested by competent state agencies.

5\. The transfer of air traffic rights between Vietnam and other countries shall be made through the treaty to which the Socialist Republic of Viet Nam is a signatory. Where the Socialist Republic of Viet Nam is yet to accede to the treaty, the competent state agency may permit airlines to temporarily conduct scheduled international air transport to and from Vietnam.

**Article 52. Sale and purchase of commercial air transport services**

1\. Vietnamese airlines and foreign airlines are permitted to sell or issue passenger tickets, baggage tickets, and air waybills directly at their branches or sales agents on the basis of agency appointment agreements or through electronic transactions.

2\. A foreign airline may establish its branch or representative office in Vietnam and shall register it with competent state agencies in accordance with law.

3\. A foreign airline providing commercial air transport services in Vietnam is entitled to make payments, convert and transfer foreign currencies abroad in accordance with Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a signatory.

**Article 53. Transport of passengers and baggage**

1\. A carrier transporting passengers and baggage by air must enter into a contract with passengers for such transport. Passenger tickets, baggage tickets, conditions of carriage, air tariff and other written agreements between the two parties constitute documents of a contract for passenger and baggage carriage.

2\. Upon transporting passengers, a carrier has the following obligations:

a) To transport passengers and their baggage to the place of destination as agreed and deliver the checked baggage to persons entitled to receive it;

b) To publicly disclose commercial air transport service standards;

c) To promptly notify passengers of information about the flight; take care of passengers, especially the disabled or persons who are in need of care during the transport;

d) In the case of a passenger with a confirmed reservation, the flight delay, flight cancellation or denied boarding is not attributable to the passenger’s fault, the carrier shall promptly notify the passenger thereof, apologize to the passenger, provide meals, accommodation, rest facilities and travel arrangements to the passenger and pay all directly related expenses relevant to the waiting time at the airport;

dd) In the case of a passenger with a confirmed reservation, the flight delay, flight cancellation or denied boarding is attributable to the carrier’s fault, apart from performing the obligations prescribed points c and d of this clause, the carrier shall arrange an appropriate journey for the passenger or refund an air fare equivalent to the unused portion of the ticket at the request of the passenger without collecting any related fees;

e) Where, due to the carrier’s fault, a passenger with a confirmed reservation is denied boarding or his/her flight is cancelled or delayed for a long period of time, the carrier shall perform its obligations specified in points c, d and dd of this clause and pay a non-refundable advanced compensation to the passenger, either in cash or another instrument of equivalent value. If the carrier is required to pay a compensation for damage under its civil liability, such compensation shall be deducted from the amount of compensation under its civil liability;

g) The carrier shall be responsible for the accuracy of the information it publicly discloses or notifies in accordance with this clause.

3\. The Vietnam’s aviation authority shall supervise the performance of obligations by the carrier as specified in clause 2 of this Article.

**Article 54. Refusing carriage of passenger with a ticket and confirmed reservation or in the course of the journey**

A carrier reserves the right to refuse carriage of any passenger in the following circumstances:

1\. Due to the passenger’s health status that the carrier finds that the carriage or continuation of carriage will cause harm to the passenger themselves or to other persons in the aircraft or endanger the flight;

2\. Refusal of carriage is implemented to prevent the spread of disease;

3\. The passenger fails to comply with the regulations concerning aviation safety, aviation security, air transport;

4\. The passenger disturbs social order, endangers aviation safety or affects lives, health or property of other persons;

5\. The passenger is under the influence of alcohol or other stimulants, resulting in unruly behavior;

6\. For security reasons;

7\. At the request of competent state agencies.

**Article 55. Rights of passengers**

1\. Be carried together with their baggage to the place of destination and receive services of corresponding quality in accordance with the law and the contract of carriage.

2\. In the case where a passenger is denied boarding due to the carrier’s fault, the passenger is entitled to request the carrier to arrange an appropriate journey or to refund an airfare equivalent to the unused portion of the ticket or service.

3\. Be informed in writing of the limits of the carrier’s liability for damage compensation applied to death or injury of a passenger, damage to, loss or delay in the carriage of baggage.

4\. Be entitled to receive his/her airfare back or an amount equivalent to the unused portion of the ticket or the service after subtraction of a charge and fine as per the conditions stated in the ticket or the contract of carriage in the cases specified in clauses 1, 2, 6 and 7 Article 54 of this Law.

5\. Refuse the flight; in the course of his/her journey, a passenger is entitled to refuse continuation of the journey at any airport or place of forced landing, and is entitled to receive the fare back or an amount equivalent to the unused portion of the ticket or the service after subtraction of a charge and fine as stipulated by the airline.

6\. Be entitled to baggage allowance free of charge at the minimum level as stipulated in the airline’s published regulations or Conditions of Carriage.

7\. Children from 02 years of age to under 12 years of age must have their own seat and use the airline’s assistance service if not accompanied by an adult; children under 02 years of age do not have their own seat and must be accompanied by an adult.

**Article 56. Obligations of passengers**

1\. Observe regulations on assurance of aviation safety and security.

2\. Follow the instructions of the carrier during the flight.

3\. Compensate for damage caused due to their fault to the carrier or aircraft operator.

**Article 57. Carriage of cargo**

1\. Contract of cargo carriage is an agreement between the carrier and the consignor in which the carrier is obliged to carry cargo to the place of destination and deliver the cargo to the consignee entitled to the cargo; and the consignor is obliged to pay for the carriage service price.

2\. Air waybills, other written agreement between the two parties, the Conditions of Carriage and air tariff are documents of the contract of cargo carriage.

3\. In respect of the carriage by air of cargo, an air waybill shall be delivered. The air waybill is a cargo transport document which evidences the contract, cargo acceptance and contract conditions.

**Article 58. Refusing carriage of cargo**

A carrier reserves the right to refuse carriage of cargo in the following circumstances:

1\. Cargo to be carried is not the cargo as agreed;

2\. The consignor fails to comply with the conditions and instructions of the carrier regarding packaging, packing, markings and identification signs of cargo;

3\. The carriage of cargo is refused for national defense or security reasons.

**Article 59. Liability of the consignor for furnishing particulars**

1\. Be responsible for the correctness of the particulars and statements relating to the cargo inserted in the air waybill.

2\. Furnish necessary information and documents at the request of the customs authority, police authority and other competent agencies before the cargo can be delivered to the consignee. The carrier is under no obligation to verify the correctness and completeness of particulars or documents furnished by the consignor.

3\. Indemnify the carrier against all damage suffered by it or damage for which the carrier is liable, by reason of the incorrectness, incompleteness or irregularity of the particulars provided by the consignor by means of electronic data interchange.

4\. Deliver documents indicating the nature of the cargo at the request of the customs authority, police authority and other competent authorities.

**Article 60. Contracting carrier and actual carrier**

1\. Contracting carrier means any person who has entered into a contract of carriage by air with a passenger or consignor or with a representative of the passenger or consignor.

2\. Actual carrier means any person who, by virtue of authority from the contracting carrier, performs the whole or part of the carriage but who is not a successive carrier.

3\. Liability of contracting carrier and actual carrier is provided for as follows:

a) The contracting carrier shall take responsibility for the whole of carriage contemplated in the contract. The actual carrier shall take responsibility for the carriage which it performs;

b) The acts of the contracting carrier and of his/her servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act shall subject the actual carrier to liability exceeding the amounts referred to in Section 1 Chapter VI of this Law;

c) The acts of the actual carrier and of his/her servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier;

d) Unless agreed to by the actual carrier, the agreement of the contracting carrier shall not affect the liability of the actual carrier in the following cases:

d1) The agreement under which the contracting carrier assumes obligations not imposed by this Law;

d2) Waiver of rights conferred by this Law;

d3) Declaration of value of the cargo and checked baggage as per the Conditions of Carriage of the contracting carrier.

**Article 61. Carriage of dangerous goods**

1\. Dangerous goods are articles or substances which are capable of posing a hazard to human health or life, flight safety, property or the environment and which are shown in the list of dangerous goods in the field of civil aviation.

2\. The carriage of dangerous goods shall comply with the law on civil aviation and relevant laws.

3\. The carriage by air of weapons, munitions of war and radioactive materials may only be carried out with the approval of competent authorities.

**Article 62. Compulsory insurance covering liability for damage**

1\. Every carrier is required to maintain compulsory insurance covering its liability for damage or maintain other form of security up to the limit of the carrier’s liability in respect of:

a) Damage caused to the life and health of a passenger;

b) Loss or shortage of or damage to cargo or baggage;

c) Other damage due to delayed carriage.

2\. Every aircraft operator is required to buy compulsory insurance covering its liability for damage caused to the third party on surface or maintain other form of security up to the limit of its liability for damage.

**Article 63. General aviation**

1\. General aviation means an aircraft operation other than a commercial air transport or specialized air transport operation.

2\. General aviation activities must comply with regulations on aircraft, aircraft operation, air navigation, conditions concerning aviation safety, aviation security, environmental protection, and other relevant laws.

3\. Organizations and individuals conducting general aviation activities shall register such activities in accordance with law.

4\. Organizations and individuals conducting general aviation activities shall maintain compulsory insurance covering their liability for damage.

**Chapter VI**

**CIVIL LIABILITY**

**Section 1. RIGHTS AND CIVIL LIABILITY OF CARRIERS**

**Article 64. Liability of carrier for damage**

1\. The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

2\. The carrier is liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. The carrier is not liable if and to the extent that the damage resulted from the nature or inherent defect of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents.

3\. If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of 21 days after the date on which it ought to have arrived as per the contract, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.

4\. The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. The carriage by air comprises the period during which the cargo is in the charge of the carrier.

5\. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport.

If such carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, any damage is presumed to have been the result of an event which took place during the carriage by air, except where the fault lies with the carrier performing the carriage by land, by sea or by inland waterway.

If a carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage intended by the agreement between the parties to be carriage by air, such carriage by another mode of transport is deemed to be within the period of carriage by air.

6\. In case the compensation for the cargo or baggage has been paid but such cargo or baggage latter arrives at the place of destination, the consignee or passenger is still entitled to receive such cargo or baggage and shall refund the received compensation to the carrier.

7\. The carrier shall refund the consignor and the passenger the transport service charges with respect to the quantity of the damaged cargo and checked baggage.

8\. Levels of compensation for damage and limits of liability of the carrier for damage shall comply with the Government’s regulations.

9\. The carrier is only entitled to the limit of liability for damage to the life or health of a passenger if he/she proves that the damage is not due to his/her fault but due to the fault of a third party.

10\. The carrier is not entitled to other limits of liability if the damage resulted from an act of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result. In the case of such act of a servant or agent, it is proved that such servant or agent was acting within the scope of its employment.

**Article 65. Exoneration from liability for damage**

1\. If the carrier proves that the damage was caused by the fault of the person claiming compensation, the carrier shall be wholly or partly exonerated from its liability for the damage to the extent that such fault contributed to the damage.

2\. If the carrier proves that the damage in respect of death or injury of a passenger caused by the fault of the passenger, the carrier shall be wholly or partly exonerated from its liability for the damage to the extent that the fault contributed to the damage; the carrier shall not be liable for the death or injury of the passenger in the case where such damage was solely due to the state of health of the passenger.

3\. The carrier may be exonerated from its liability for damage if it proves that the destruction, or loss of, or damage to, the cargo resulted from one or more of the following:

a) Nature or inherent defect of that cargo;

b) Defective packing of that cargo performed by a person other than the carrier or its servants or agents;

c) An act of war or an armed conflict;

d) An act of the competent state agency carried out in connection with the receipt, delivery, entry, exit or transit of the cargo.

4\. The carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.

**Article 66. Agreement on limits of liability for damage**

1\. Any agreement between the carrier and the passenger, the consignor and the consignee tending to relieve the carrier of liability or fix a lower limit of the carrier’s liability shall be null and void.

2\. The carrier may reach an agreement with the passenger, the consignor and consignee to stipulate higher limits of liability than those provided for.

**Article 67. Compensation for damage to carrier**

1\. The passenger, consignor or consignee shall indemnify the carrier against the damage suffered by it or by any third party to whom the carrier is liable for damage.

2\. The third party shall indemnify the carrier against the damage caused by the third party to the passenger, consignor or consignee for which the carrier is liable.

**Article 68. Advance payments**

1\. In the case of aircraft accidents resulting in death or injury of a passenger, the carrier shall make advance payments without delay to the passenger or persons who are entitled to claim compensation.

2\. The advance payments referred to in clause 1 of this Article shall not constitute a recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier.

**Article 69. Complaints and lawsuits against the carrier**

1\. In the case of loss or shortage of, or damage to, or delay in the carriage of, cargo or checked baggage, the passenger, consignor or consignee or their legal representative reserves the right to initiate a lawsuit against the carrier in order to protect their rights and legitimate interests.

2\. Before initiating a lawsuit as prescribed in clause 1 of this Article, the passenger, consignor or consignee or their legal representative shall make a complaint in writing against the carrier within:

a) 07 days from the date on which the baggage has been received in the case of loss or shortage of, or damage to, the baggage;

b) 14 days from the date on which the cargo has been received in the case of shortage of, or damage to, the cargo; 21 days from the date on which the cargo has been delivered, in the case of loss of the cargo;

c) 21 days from the date the person entitled to delivery has received the baggage or cargo in the case of delay in carriage.

3\. If no complaint is made within the time limit specified in clause 2 of this Article, the passenger, consignor or consignee or their legal representative forfeits their right to file a lawsuit against the carrier, save in the case of a plausible reason or fraud on the part of the carrier.

4\. The carrier shall notify the complainant whether the complaint is accepted or not within 30 days after the date of receipt of such complaint. If the complaint is not accepted or no reply has been received within the time limit aforesaid, the complainant is entitled to lodge a lawsuit.

5\. The filing of a lawsuit over the carrier’s liability for damage is subject to the conditions and the limits of liability for damage specified in this Law.

**Article 70. Addressee of complaints**

In relation to the carriage performed by the actual carrier, an action for damages may be brought against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings.

**Article 71. Rights of carrier’s servants and agents against whom and which complaints are lodged**

1\. In case a complaint is lodged against a servant or agent of the carrier, in the course of their employment, about the compensation for damage, such servant or agent is entitled to the limits of liability of the carrier.

2\. The total sum of compensation payable by the carrier, its servants or agents shall not exceed the limits of liability.

**Article 72. Jurisdiction of Vietnamese court over international air transport disputes**

1\. A Vietnamese court has jurisdiction to settle any dispute arising from a contract of international carriage by air of passengers, baggage or cargo at the option of the plaintiff in the following cases:

a) The carrier has its principal office in Vietnam;

b) The carrier has its place of business in Vietnam and the contract of carriage has been concluded in Vietnam;

c) Vietnam is the place of destination.

2\. A contract of carriage shall be considered as a contract of international carriage by air specified in clause 1 of this Article in any of the following cases:

a) The place of departure and the place of destination are situated within the territories of two States;

b) Within the territory of a single State if there is an agreed stopping place within the territory of another State, whether or not there is a break in the carriage or a transfer.

3\. In respect of a dispute resulting from the death or injury of a passenger, apart from regulations of clause 1 of this Article, the dispute may be submitted to a Vietnamese court if the passenger has his/her principal and permanent residence in Vietnam at the time the accident occurs and any of the following conditions is satisfied:

a) The carrier operates services for the carriage of passengers by air from or to Vietnam, either on its own aircraft or on another carrier’s aircraft pursuant to an agreement made between these two carriers relating to the provision of their joint services for carriage of passengers;

b) The carrier uses its office or another carrier’s office pursuant to the agreement on provision of joint services in order to operate services for carriage of passenger by air in Vietnam.

**Article 73. Settlement of disputes by arbitration**

1\. The parties to the contract of carriage for cargo may agree that any dispute arising therefrom shall be settled by arbitration. Such arbitration agreement shall be made in writing.

2\. Regarding any dispute arising from a contract of international carriage for cargo relating to the carrier’s liability for damage, the settlement thereof by Vietnamese arbitration may only be effected in the cases specified in clause 1 and clause 2 Article 72 of this Law.

3\. The provisions of clause 2 of this Article shall be deemed to be part of every arbitration clause or agreement. Any term of such clause or agreement which is inconsistent therewith shall be null and void.

**Article 74. Prescriptive time limit for initiation of lawsuits about carrier’s liability for damage**

The prescriptive time limit for initiation of lawsuits concerning the carrier’s liability for damage caused to the passenger, baggage, cargo shall be 02 years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped, whichever comes later.

**Section 2. LIABILITY FOR DAMAGE TO THIRD PARTIES ON THE SURFACE**

**Article 75. Right to claim damages**

Agencies, organizations and individuals on the surface that suffer from damage caused by an aircraft in flight or by any person, object or substance therein (hereinafter referred to as “third parties on the surface”) are entitled to compensation if they prove that the in-flight aircraft or any person, object or substance falling therefrom directly causes such damage.

**Article 76. Liability for damage**

1\. The aircraft operator that is liable for damage sustained by third parties on the surface is a person that was directly making use or his servants that were making use of the aircraft in the course of their employment at the time the damage was caused.

2\. A person who unlawfully makes use of an aircraft and causes damage to any third party on the surface shall be liable for damage. The person who possesses the aircraft shall be jointly liable with the unlawful user of the aircraft causing the damage, unless he/she proves that he/she took all necessary measures to prevent such unlawful use.

3\. In the case the damage was caused by collision of two or more in-flight aircraft or interference with each other to any third party on the surface, the operator of each aircraft shall be jointly liable for damage to the extent that their fault contributed to that damage.

4\. The person that is liable for damage is entitled to file a lawsuit against an organization or individual involved in the causing of damage to claim indemnification.

5\. Any sums or other security provided for in clause 2 Article 62 of this Law shall be exempt from seizure and execution by creditors of the aircraft operator.

**Article 77. Exoneration from liability for damage**

1\. If damage was caused by the fault of person who suffers damage, the compensation shall be reduced to the extent to fault of the person who suffers damage; if damage was caused solely by fault of the person who suffers the damage, the person causing the damage shall not be liable for damage.

2\. The aircraft operator shall be exonerated from liability if the damage is the direct consequence of war or armed conflict or the aircraft has been requisitioned by a competent state agency.

3\. The insurer, organization or individual providing security shall have their liability for damage exonerated in the following cases:

a) Cases specified in clauses 1 and 2 of this Article;

b) The damage occurred after the insurance contract or security ceased to be effective. If the insurance contract or security expires during a flight, it shall be continued in force until the next landing specified in the flight plan, but no longer than 24 hours, from the expiration of the insurance contract or security. The continuation in force of the insurance or security shall apply only for the benefit of the person suffering damage;

c) The damage occurred outside the territorial limits provided for by the insurance contract or security, except in the case of force majeure or emergency situations.

**Article 78. Application of provisions on compensation for damage to third parties on the surface**

1\. The provisions of this Section shall apply to in-flight aircraft which causes damage to ships and constructions of Vietnam in Vietnamese territorial waters, international territorial waters which do not fall under the sovereignty, sovereign rights and jurisdiction of any state.

2\. The court of the place where the damage occurs has jurisdiction to settle claims for compensation for damage suffered by third parties on the surface, unless otherwise prescribed by a treaty to which the Socialist Republic of Viet Nam is a signatory.

3\. Claims for compensation for damage sustained by third parties on the surface shall be subject to a period of limitation of 02 years from the date of the incident which caused the damage

**Chapter VII**

**AVIATION SAFETY**

**Section 1. AVIATION SAFETY MANAGEMENT**

**Article 79. Aviation safety**

1\. Activities relating to aircraft, aircraft operation, airports, air navigation and provision of aviation services shall comply with aviation safety regulations and shall be subject to the aviation safety management and oversight of the Vietnam’s aviation authority.

2\. Applicable aviation safety regulations and standards shall conform with ICAO standards.

3\. Aviation incidents and accidents shall be investigated to identify their causes with a view to implementation of necessary measures to work out timely solutions for prevention of aircraft incidents and accidents during flight, and prevention of future aviation incidents and accidents.

**Article 80. Vietnam civil aviation safety program**

1\. The Vietnam civil aviation safety program is an integrated set of regulations and activities aimed at maintaining and improving aviation safety, which is commensurate with the size and complexity of civil aviation.

2\. The Vietnam’s aviation authority shall implement, coordinate, inspect and supervise the implementation of the Vietnam civil aviation safety program; decide exemption from application of technical regulations, standards or mandatory requirements in the fields of aircraft, aircraft operation, airports and air navigation on the basis of a rigorous assessment of aviation safety risks.

**Article 81. Aviation safety management system**

1\. The aviation safety management system is a systematic approach to managing aviation safety built by an organization or individual, including organizational structure, functions, tasks, policies and procedures, which is established on the basis of the Vietnam civil aviation safety program.

2\. Organizations and individuals required to establish and implement an aviation safety management system include:

a) Aircraft pilot training and practical training organizations;

b) Aircraft operators;

c) Organizations responsible for the design, manufacture, testing and maintenance of aircraft, aircraft engines, aircraft propellers and aircraft equipment;

d) Air navigation enterprises;

dd) Airport operators;

e) Aviation service enterprises at airports.

3\. The organizations and individuals specified in clause 2 of this Article shall share aviation safety data and safety information with the Vietnam’s aviation authority through the aviation safety data collection, evaluation and processing systems prescribed in Article 82 of this Law.

4\. The Vietnam’s aviation authority shall supervise the building and implementation of aviation safety management systems by the organizations and individuals specified in clause 2 of this Article.

**Article 82. Aviation safety data collection, evaluation and processing systems**

1\. An aviation safety data collection, evaluation and processing system is a system including procedures and integrated mechanisms for collecting, storing, aggregating, analyzing, assessing and processing aviation safety data and aviation safety information. The aviation safety data collection, evaluation and processing system comprises aviation safety data and aviation safety information.

2\. Aviation safety data is a set of facts or set of safety values collected from aircraft accident or incident investigations, aviation safety occurrence reporting, safety oversight, safety studies and reviews and other sources related to aviation safety, which is used to maintain or improve aviation safety.

3\. Aviation safety data must be collected, aggregated, analyzed, evaluated, classified, and stored in accordance with ICAO guidance in order to effectively implement the Vietnam civil aviation safety program.

4\. Aviation safety information is the safety data evaluated and processed. Aviation safety data and aviation safety information shall be used for the purpose of maintaining and improving aviation safety and shall constitute a component of the civil aviation database.

5\. Aviation safety information and aviation safety data collected from aviation safety data collection, evaluation and processing systems must be protected in accordance with the law on data and the law on personal data protection. If requested by an authority competent to conduct proceedings, the Vietnam’s aviation authority shall transfer aviation safety data and aviation safety information in accordance with legal proceedings.

6\. The Vietnam’s aviation authority shall build an aviation safety data center to establish, manage and operate aviation safety data collection, evaluation and processing systems.

**Article 83. Responsibility for safety information sharing and exchange**

1\. The Vietnam’s aviation authority shall exchange and share aviation safety information and facilitate the exchange and sharing of aviation safety information among enterprises and organizations providing aviation services with a view to improving aviation safety.

2\. In the case of identifying safety matters considered to be of interest to other States, the Vietnam’s aviation authority shall exchange and share aviation safety information with the relevant States.

3\. The exchange and sharing of aviation safety information shall be subject to the law on data, the law on personal data protection and other relevant laws.

**Article 84. Development of aviation safety culture**

1\. Aviation safety culture encompasses how an organization or individual behaves in relation to safety in civil aviation activities.

2\. The development, practice, and promotion of aviation safety culture are responsibilities of agencies, organizations, and individuals participating in civil aviation activities.

3\. Organizations providing aviation services shall establish and organize the implementation of aviation safety culture standards within their organizations.

4\. The Vietnam’s aviation authority shall cooperate with relevant agencies and organizations to promoting the communication, dissemination and education in order to enhance public awareness of aviation safety.

**Article 85. Aviation safety inspectors**

1\. Aviation safety inspectors include safety inspectors in the fields of aircraft, aircraft operation, air navigation, airport operation and other civil aviation activities.

2\. An aviation safety inspector is an individual whose competence, experience and qualifications are approved by the Vietnam’s aviation authority

3\. Each aviation safety inspector has the following tasks and powers:

a) Inspect and oversee the compliance with the law on civil aviation safety;

b) Request documents and their copies, and have limited access to facilities and equipment of service providers in accordance with ICAO guidance for the purposes of safety inspection and oversight within his/her assigned scope and field;

c) Suspend flights, activities of organizations, individuals, and vehicles that violate aviation safety regulations or fail to meet technical standards and conditions concerning aviation safety within his/her assigned scope and field;

d) Recommend measures to handle and remedy violations arising from civil aviation activities; recommend the imposition of penalties for administrative violations;

dd) Receive aviation training and refresher training and accumulate experience in aviation to achieve sufficient competence;

e) Be provided with benefits for the performance of aviation safety oversight functions; be provided with means, equipment, technology and software supporting and serving the performance of his/her assigned tasks in accordance with the law.

4\. Where resources are insufficient to carry out aviation safety oversight, the Vietnam’s aviation authority may hire individuals or hire or summon qualified employees to serve as aviation safety inspectors. The hiring or summoning of aviation safety inspectors shall be carried out by agreement between the Vietnam’s aviation authority and individuals or enterprises and shall not be subject to bidding.

5\. The Vietnam’s aviation authority shall be provided with funding from the state budget to hire aviation safety inspectors in accordance with specific norms and shall allocate budget to pay hired or summoned aviation safety inspectors. Employers shall pay salaries to aviation safety inspectors summoned by the Vietnam’s aviation authority.

6\. The Vietnam’s aviation authority shall cooperate with aviation enterprises to provide training and professional training for, and share experience with aviation safety inspectors being civil servants in accordance with ICAO’s regulations. Aviation safety inspectors shall, upon participation in such training and professional training, and experience accumulation, be entitled to remuneration and other benefits as agreed.

7\. Enterprises providing aviation services shall cover the costs of and provide material facilities for provision of training, professional training for, and experience accumulation by civil servants acting as aviation safety inspectors.

**Section 2. AIRCRAFT ACCIDENT AND SERIOUS INCIDENT INVESTIGATION**

**Article 86. Aircraft accident and serious incident investigation**

1\. The aircraft accident and serious incident investigation is a mandatory investigation activity conducted in accordance with the Convention on International Civil Aviation 1944 for the purpose of determining the causes of serious aircraft incidents and accidents.

2\. The aircraft accident and serious incident investigation is not a criminal investigation activity as prescribed by the law on criminal procedure.

**Article 87. Organization, cooperation in investigation, notification, provision of documents relating to aircraft accidents and serious incidents**

1\. The investigation of aircraft accidents and serious incidents shall be conducted independently from the aviation safety oversight activities of the Vietnam’s aviation authority.

2\. The competent authority under the Ministry of Construction shall cooperate with relevant agencies and organizations in the conduct of investigation of aircraft accidents and serious incidents occurring within the territory of Vietnam. Where necessary, the investigation of an aircraft accident or serious incident may be delegated to an aircraft accident and serious incident investigation authority of another State investigation or to an international investigation organization.

3\. When an aircraft is involved in an accident or serious incident, the competent authority under the Ministry of Construction shall notify ICAO and the State of Registry, the State of the Operator, the State of Manufacture, the State of Design and other relevant States in accordance with the Convention on International Civil Aviation 1944.

4\. Agencies, organizations, and individuals shall promptly notify information on aircraft incidents and accidents and protect the evidence. The notification and provision of documents relating to aircraft accidents and serious incidents shall be carried out in accordance with ICAO guidance.

5\. In the course of conducting the investigation of aircraft accidents and serious incidents, if any violation of law is discovered, such violation shall be handled in accordance with law.

**Chapter VIII**

**AVIATION PERSONNEL**

**Article 88. Aviation personnel**

1\. Aviation personnel includes persons whose duties are directly related to the assurance of aviation safety. Where aviation personnel works under an employment contract, such employment contract shall be concluded in writing.

2\. Aviation personnel shall be trained and issued with professional certificates by aviation personnel training institutions licensed or recognized by competent authorities. The provision of aviation personnel training services is a conditional business line in the field of civil aviation.

3\. When assigning aviation personnel to perform duties, the employee shall ensure that such aviation personnel holds licenses issued or recognized by competent authorities or possesses appropriate professional certificates in accordance with regulations.

4\. Aviation personnel performing duties of a special nature shall comply maintain labor discipline and comply with regulations on working hours and rest periods as prescribed by the Government.

5\. Crew members and air traffic controllers shall undergo medical assessments at eligible medical establishments and shall be issued with certificates of fitness for flight.

6\. Flight crew members and air traffic controllers shall have their English language proficiency assessed by the Vietnam’s aviation authority in accordance with ICAO standards.

**Article 89. Crew**

1\. A crew consists of persons designated by the aircraft operator to perform their duties in an aircraft during flight time.

2\. Crew members must obey orders of the pilot-in-command and must not leave the aircraft without the order from the pilot-in-command.

3\. A flight crew member means a licensed crew member charged with duties essential to the operation of an aircraft and shall carry their aviation personnel licenses during a flight duty period.

4\. Flight crew members must carry their certificates of fitness for flight.

5\. An aircraft shall only be operated if it has a full flight crew in conformity with the laws of the State of Registry.

6\. A cabin crew member is a crew member who performs, in the interest of the safety of passengers, duties assigned by the operator or the pilot-in-command of the aircraft, but who shall not act as a flight crew member.

7\. Each aircraft operator is obliged to defend interests of flight crew members under employment contracts and Vietnamese laws.

**Article 90. Pilot-in-command**

1\. Pilot-in-command means the pilot designated by the aircraft operator, or in the case of general aviation, the aircraft owner, as being in command of a flight.

2\. The pilot-in-command shall have the supreme authority on board an aircraft and be responsible for the aviation safety and security of the aircraft, persons and property on board the aircraft during the flight as prescribed.

3\. A pilot-in-command has the right to:

a) Decide and take responsibility for the take-off, landing, flight cancellation, return to the place of departure or forced landing;

b) Deviate from the flight mission, flight plan or air traffic service instructions of an air traffic service unit when it is needed to avert an instant and direct danger to aviation activities and report such to the air traffic service unit without delay. In case of deviating the aircraft from the designated airway for the purpose of averting an instant and direct danger, the pilot-in-command and the air traffic service unit shall quickly apply every necessary measure to bring the aircraft back to its designated airway after the danger no longer exists.

c) While an aircraft is in flight, impose restraints on any person committing offences on board the aircraft as prescribed;

d) Consider and decide to land at any airport in order to prevent or terminate acts that jeopardize the safety or security of the flight; hand over the persons specified in point c of this clause to competent authorities upon landing;

dd) Decide the fuel dumping and dropping of baggage, cargo or other objects from the aircraft in accordance with Article 45 of this Law.

e) Issue necessary orders to persons on board the aircraft and continue to perform his/her duties and powers until competent state agencies start to take over the aircraft, persons and property on board the aircraft in case of a forced landing;

g) Perform other necessary tasks when he/she has not received any instructions or has received unclear instructions from the aircraft operator and notify the aircraft operator thereof without delay.

4\. A pilot-in-command has the obligation to:

a) Obey instructions of the aircraft operator;

b) Take all necessary measures to ensure the safety of the aircraft, persons and property on board the aircraft when it is in danger or in distress, and be the last to leave the aircraft;

c) When detecting any person, means of transport or other property in distress outside his/her aircraft, notify the air traffic service unit and provide assistance, to the possible extent, without causing danger to his/her aircraft, persons and property on board his/her aircraft;

d) Take all necessary measures to bring the aircraft back to the designated airway when it deviates therefrom.

**Chapter IX**

**AVIATION SECURITY**

**Article 91. Aviation security assurance**

1\. Aviation security assurance shall be subject to regulations of this Law, laws on national security, national defense, People’s Public Security, counter-terrorism, and other relevant laws.

2\. Aviation security assurance measures comprise:

a) Establishment of restricted areas at airports and locations of aviation structures and equipment for the safeguarding of the aircraft, structures and equipment therein;

b) Aviation security check, screening and oversight of aircrafts, vehicles, people, baggage, cargo, travel documents, access to, egress from, and activities within restricted areas in accordance with regulations; security searches of aircraft, vehicles, persons, baggage and cargo in case of signs of threats to aviation security;

c) Elimination of the possibility of the unlawful carriage of dangerous articles by air; application of special preventive measures upon permitting the carriage of dangerous articles and persons posing potential threats to aviation security; permanent or temporary ban on the carriage of troublemaking passengers and persons who commit acts of unlawful interference with civil aviation activities or in cases as requested by competent state agencies;

d) Supervise aviation oversight and order maintenance at airports and locations of aviation structures and equipment and on board aircraft;

dd) Terrorism prevention and control on board aircraft;

e) Application of special preventive measures when permitting the carriage of dangerous persons;

g) Internal security control of aviation personnel.

**Article 92. Establishment and protection of restricted areas**

1\. Restricted area is an area of an airport or a location of aviation structures and equipment to which the access shall comply with regulations of competent state agencies. The restricted area shall be subject to aviation security check, screening, oversight and search.

2\. The establishment of a restricted area at an airport or a location of aviation structures and equipment must be suitable for the objective of ensuring aviation security and the nature of civil aviation activities.

**Article 93. Pre-flight security check, screening, oversight and search**

1\. An aircraft shall undergo pre-flight aviation security check and oversight; in case there is any sign or information threatening the flight security and safety, an aviation security search shall be conducted.

2\. Passengers, crew members, flight attendants, other related persons, baggage, cargo, travel documents, mail and other objects shall undergo aviation security check, screening and oversight prior to boarding the aircraft; in case there is any sign or information threatening the flight security and safety, an aviation security search shall be conducted. The aviation security oversight and order maintenance on board the aircraft shall be carried out throughout the flight.

**Article 94. Response to acts of unlawful interference with civil aviation activities**

1\. Acts of unlawful interference with civil aviation activities are acts that potentially jeopardize the safety of civil aviation, including any of the following acts:

a) Unlawful seizure of aircraft;

b) Destruction of an aircraft in flight;

c) Hostage-taking on board aircraft or at airports;

d) Forcible intrusion on board an aircraft, at an airport, on the premises of a civil aviation structure or on civil aviation equipment;

dd) Introduction on board an aircraft, at an airport or other restricted area of a dangerous article intended for criminal purposes. Dangerous articles include weapons, ammunition, incendiary substances, flammable substances, explosives, explosive substances, chemical and biological toxins, radioactive materials, and other objects or substances capable of causing danger or used to endanger human life or health or the safety of a flight;

e) Use of an aircraft in flight for the purpose of causing death, serious bodily injury or significant property or environmental damage;

g) Communication of false information such as to jeopardize the safety of an aircraft or on the ground; the safety of passengers, crew, ground personnel or persons at an airport and civil aviation structures and equipment;

h) Willful commission of unlawful acts that jeopardize the safety of aircraft operations; airport operations; air navigation;

i) Other acts determined by competent state agencies as prescribed.

2\. All measures taken to respond to acts of unlawful interference with civil aviation activities shall prioritize the safety of aircraft and human life.

3\. An aircraft in flight that is the subject of unlawful interference shall be given priority in air navigation and other necessary assistance.

4\. In special cases beyond the competence of relevant ministries and central authorities, the Prime Minister shall decide to handle matters concerning assurance about the safety of aircraft, crew, passengers, baggage and cargo on board the aircraft.

5\. Airlines shall bear all costs incurred in connection with from the response to acts of unlawful interference with their aircraft.

**Article 95. Aviation security control force**

1\. An aviation security control force shall be organized to implement measures to ensure aviation security, public order and social safety according to its assigned functions and tasks.

2\. The aviation security control force’s operations shall cover the following: airports; on board aircraft; air traffic service units; organizations responsible for the design, manufacture, testing and maintenance of aircraft, aircraft engines, aircraft propellers and aircraft equipment; organizations responsible for the provision of aviation services at airports; organizations responsible for the handling of cargo and mail to be loaded onto aircraft.

3\. Every aviation security control force shall be recruited and trained to meet professional requirements; provided with uniforms, badges and insignias in accordance with regulations.

4\. Aviation security control forces shall be equipped with and entitled to use weapons, support instruments, equipment and vehicles to perform their duties as prescribed by law.

**Article 96. Aviation security inspector**

1\. An aviation security inspector is an individual who has appropriate competence, experience and qualifications and is appointed by the Vietnam’s aviation security authority to implement aviation security quality controls, including aviation security tests, checks and investigations.

2\. Persons conducting aviation security tests, checks and investigations shall hold an aviation security inspector card issued by the Vietnam’s aviation security authority. When performing their duties, an aviation security inspector shall present his/her card, have the right to access and enter any restricted area, vehicle, aviation equipment or aircraft, request information and documents necessary for the performance of their duties; suspend violations, make records, and revoke relevant documents, cards and licenses of violators.

3\. The Vietnam’s aviation security authority reserves the right to recruit, hire or summon aviation safety inspectors.

4\. Enterprises providing services in the field of aviation shall support and facilitate the training, refresher training and experience accumulation by personnel of the Vietnam’s aviation security authority for the performance of aviation security inspectors’ duties.

**Article 97. Aviation security program**

1\. Aviation security programs provide for responsibilities of agencies, organizations and individuals, procedures, processes and measures for ensuring aviation security, aviation security quality control, and aviation security training, consisting of:

a) Vietnam civil aviation security program;

b) Vietnam civil aviation security training program;

c) Vietnam civil aviation security control program.

2\. Airport operators, aircraft operators, Vietnamese and foreign airlines, air traffic service units, organizations responsible for the design, manufacture, testing and maintenance of aircraft, aircraft engines, aircraft propellers and aircraft equipment, organizations responsible for the provision of aviation services at airports, and organizations responsible for the handling of cargo and mail to be loaded onto aircraft shall develop an aviation security program under their management in accordance with clause 1 of this Article.

**Article 98. Responsibilities of organizations and individuals engaged in civil aviation activities for aviation security assurance**

1\. The Vietnam’s aviation security authority shall maintain aviation security, public order and social safety within the areas specified in clause 2 Article 95 of this Law.

2\. Airport operators, aircraft operators, Vietnamese and foreign airlines, air traffic service units, organizations responsible for the design, manufacture, testing and maintenance of aircraft, aircraft engines, aircraft propellers and aircraft equipment, organizations responsible for the provision of aviation services at airports, and organizations responsible for the handling of cargo and mail to be loaded onto aircraft shall develop and submit an aviation security program to the Vietnam’s aviation security authority for approval and organize the implementation thereof as prescribed.

3\. Any aircraft operator or foreign airline conducting commercial air transport to and from Viet Nam shall develop an aviation security program approved by the aviation security authority of the State of Registry, submit such program to the Vietnam’s aviation security authority for approval and undertake to implement supplementary security procedures at its point of operation in order to comply with the requirements of the Vietnam’s national civil aviation security program.

4\. Upon making an international flight to and from Vietnam, an airline or aircraft operator shall provide advance information on the flight, passengers and crew to competent state agencies.

5\. Other organizations and individuals engaged in civil aviation activities must comply with the provisions of law on aviation security.

**Chapter X**

**STATE MANAGEMENT OF CIVIL AVIATION**

**Article 99. Details of state management of civil aviation**

1\. State management of civil aviation shall cover the following details:

a) Promulgating and organizing the implementation of legislative documents, techno-economic norms, standards, technical regulations, rules and processes in relation to civil aviation;

b) Formulating and organizing the implementation of strategies, planning schemes, plans and policies for the development of the civil aviation sector, including low-altitude air transport operations, in accordance with law;

c) Managing civil air navigation in the Vietnamese territory and flight information regions managed by Vietnam; managing air navigation plan; managing investment in construction of air navigation structures, technical systems and equipment for air navigation.

d) Managing investment in construction of aviation infrastructure and organizing operation thereof;

dd) Managing commercial air transport, specialized air transport and general aviation; granting flight permission and air traffic rights; coordinating departure and arrival times at airports;

e) Registering aircraft and rights in aircraft;

g) Managing aviation industry development;

h) Granting, approving and recognizing certificates, licenses and other documents relating to civil aviation activities;

i) Managing the assurance of aviation safety and aviation security; stipulating the assurance of security and safety of VIP flights on private planes and VIP flights on commercial planes;

k) Managing search and rescue and investigation of aircraft incidents and accidents;

l) Management of aeronautical obstacles;

m) International cooperation in civil aviation;

n) Managing training and development of human resources for the civil aviation sector, giving health checks to aviation personnel;

o) Managing scientific and technological activities in the civil aviation sector; environmental protection, natural disaster management and adaptation to climate change in civil aviation activities;

p) Managing prices, charges and fees in civil aviation activities;

q) Conducting inspection, and handling complaints, denunciations and violations against regulations on civil aviation activities;

r) Recognizing and applying ICAO’s standards, procedures, regulations, guidance, technical instructions and recommended practices; aviation authorities and international civil aviation organizations’ advanced and modern standards, procedures, regulations, guidance, technical instructions and recommended practices that are widely applied worldwide;

s) Managing service quality in civil aviation activities.

2\. The Government shall perform uniform state management of civil aviation.

3\. The Ministry of Construction shall act as a conduit to assist the Government in performing uniform state management of civil aviation, and shall undertake the following tasks:

a) Preside over and cooperate with the Ministry of National Defense and the Ministry of Public Security in organizing the management and utilization of airspace serving civil aviation activities;

b) Assign affiliated agencies to carry out the functions of a specialized construction authority in accordance with the Law on Construction in respect of projects on investment in construction of aviation infrastructure nationwide;

c) Perform state management of assurance about safety of civil aviation activities;

d) Promulgate Vietnam’s civil aviation safety program;

dd) Manage vehicles, equipment and modes of transport used in civil aviation activities.

4\. The Ministry of National Defense has the responsibility to:

a) Uniformly organize the protection of airspace sovereignty; manage airspace and supervise civil air navigation;

b) Cooperate with the Ministry of Construction and the Ministry of Public Security in organizing the utilization of airspace serving civil aviation activities;

c) Manage and operate structures at airports under its management;

d) Decide temporary use of military airports as dual-use airports;

dd) Manage military-, security- and national defense-related vehicles and equipment, except for aerial vehicles under management of the public security force.

5\. The Ministry of Public Security has the responsibility to:

a) Perform state management of aviation security;

b) Cooperate with the Ministry of Construction and the Ministry of National Defense in organizing the utilization of airspace serving civil aviation activities;

c) Manage and operate structures at airports under its management;

d) Decide definite-term conversion of airports used for security purpose to dual-use airports;

dd) Manage vehicles, equipment and modes of transport used in civil aviation activities under management of the public security force;

e) Promulgate regulations on aviation security program.

6\. Within the bounds of their respective functions and powers, Ministries and ministerial agencies shall cooperate with the Ministry of Construction in performing state management of civil aviation in accordance with the Government’s regulations.

7\. Within the bounds of their respective functions and powers, People’s Committees at all levels shall perform state management of the vicinity of airports; protect the environment at airports; cooperate in search and rescue, investigation of aircraft incidents and accidents and management of aeronautical obstacles; manage investment in construction of airports.

**Article 100. Vietnam’s aviation authority**

1\. The Vietnam’s aviation authority is an authority affiliated to the Ministry of Construction, which fulfills the function of state management of aviation safety; perform other duties and powers in the field of civil aviation; issues, ratifies and recognizes certificates, licenses and other documents related to civil aviation activities in accordance with ICAO’s regulations and treaties to which the Socialist Republic of Viet Nam is a signatory, except the regulations laid down under clause 1 Article 101 of this Law.

2\. The head of the Vietnam’s aviation authority shall organize the performance of the duties and powers of the Vietnam’s aviation authority.

3\. An airports authority is an authority affiliated to the Vietnam’s aviation authority, which is established to perform certain duties and powers of the Vietnam’s aviation authority at an airport or specialized airport.

**Article 101. Vietnam’s aviation security authority**

1\. The Vietnam’s aviation security authority is an authority affiliated to the Ministry of Public Security, which is responsible for the formulation, development, implementation and maintenance of aviation security programs in order to prevent, detect, deter and suppress acts of unlawful interference with civil aviation activities; for the issuance of airport security permits/licenses, training certificates, certificates of competency and other licenses related to aviation security.

2\. The Vietnam’s aviation security authority shall coordinate activities among ministries and central authorities and other state organizations, airport and aircraft operators, air traffic service units and other relevant entities in the implementation of the provisions of the national civil aviation security programs through the mechanism of the national aviation security and facilitation committee.

3\. The Vietnam’s aviation security authority shall organize the assessment of compliance with ICAO’s aviation security standards at foreign airports operating flights to Vietnam; consider and decide suspension of flights or suspension of airlines operating flights from foreign States to Vietnam that fail to comply with or meet ICAO’s aviation security standards.

**Article 102. Cooperation in state management at airports**

1\. The airports authority and other agencies at an airport shall carry out professional activities and cooperate in the resolution of issues that arise within the bounds of their respective functions and powers to ensure safety, security, service quality and normal operation of the airport.

2\. Each airports authority shall preside over and coordinate activities of state management agencies at the airport; convene and chair regular or extraordinary joint meetings between state management agencies and organizations operating at the airport.

3\. When an airport is declared to be an area affected by a dangerous epidemic, the airports authority shall cooperate with agencies and organizations operating within the airport area in applying appropriate measures to prevent the spread of the epidemic and eradicate the epidemic under professional instructions of competent state agencies.

**Article 103. Service prices, fees and charges in the field of aviation**

1\. The management of service prices, fees and charges in the field of aviation shall comply with the law on prices, law on fees and charges, except the regulations set forth in clauses 2 and 3 of this Article. Prices of scheduled domestic air passenger transport services in the basic economy class shall be determined in accordance with market mechanism subject to price regulation by competent state authorities in line with market developments in order to protect consumer rights.

2\. The Vietnam’s aviation authority and Vietnam’s aviation security authority may retain a portion of collected fees in accordance with the Government’s regulations to finance the enhancement of human resource quality, international cooperation, development investment and modernization with a view to strengthening the capacity for aviation safety and aviation security oversight in compliance with ICAO’s standards.

3\. The organization assigned by a competent state agency to provide public services in the field of civil aviation may retain a portion of collected fees to finance the enhancement of human resource quality, international cooperation, development investment and modernization with a view to strengthening the capacity for aviation safety and aviation security assurance in compliance with ICAO’s standards.

4\. Prices of air passenger transport services collected by airlines on their behalf already include prices of passenger services at airports and passenger and baggage security fees.

**Chapter XI**

**IMPLEMENTATION CLAUSE**

**Article 104. Amending and supplementing some Articles of relevant laws**

<a name="khoan_1_104"></a>1. Sub-section 4.9 is added to section V part A in the Appendix 01 to the Law on Fees and Charges No. 97/2015/QH13 amended and supplemented by the Law No. [09/2017/QH14](https://vnlawfirm.vn/van-ban/law-on-tourism-of-vietnam-2017/ "Xem chi tiết: 09/2017/QH14"), Law No. 23/2018/QH14, Law No. [72/2020/QH14](https://vnlawfirm.vn/van-ban/law-on-environmental-protection-of-vietnam-2020/ "Xem chi tiết: 72/2020/QH14"), Law No. [16/2023/QH15](https://vnlawfirm.vn/van-ban/law-on-prices-of-vietnam-2023/ "Xem chi tiết: 16/2023/QH15"), Law No. [20/2023/QH15](https://vnlawfirm.vn/van-ban/law-on-electronic-transactions-of-vietnam-2023/ "Xem chi tiết: 20/2023/QH15"), Law No. 24/2023/QH15, Law No. [33/2024/QH15](https://vnlawfirm.vn/van-ban/law-on-archives-of-vietnam-2024/ "Xem chi tiết: 33/2024/QH15"), Law No. [35/2024/QH15](https://vnlawfirm.vn/van-ban/law-on-road-of-vietnam-2024/ "Xem chi tiết: 35/2024/QH15"), Law No. [47/2024/QH15](https://vnlawfirm.vn/van-ban/law-on-urban-and-rural-planning-of-vietnam-2024/ "Xem chi tiết: 47/2024/QH15"), Law No. [60/2024/QH15](https://vnlawfirm.vn/van-ban/law-on-data-of-vietnam-2024/ "Xem chi tiết: 60/2024/QH15"), Law No. [74/2025/QH15](https://vnlawfirm.vn/van-ban/law-on-employment-of-vietnam-2025/ "Xem chi tiết: 74/2025/QH15"), Law No. [89/2025/QH15](https://vnlawfirm.vn/van-ban/law-on-state-budget-of-vietnam-2025/ "Xem chi tiết: 89/2025/QH15"), Law No. [94/2025/QH15](https://vnlawfirm.vn/van-ban/law-on-atomic-energy-of-vietnam-2025/ "Xem chi tiết: 94/2025/QH15"), Law No. [95/2025/QH15](https://vnlawfirm.vn/van-ban/law-on-railway-of-vietnam-2025/ "Xem chi tiết: 95/2025/QH15"), Law No. [116/2025/QH15](https://vnlawfirm.vn/van-ban/law-on-cybersecurity-of-vietnam-2025/ "Xem chi tiết: 116/2025/QH15") and Law No. [118/2025/QH15](https://vnlawfirm.vn/van-ban/law-on-amendments-to-some-articles-of-10-laws-related-to-security-and-order-of-vietnam-2025/ "Xem chi tiết: 118/2025/QH15") as follows:



| 4.9 | Aviation security fees | Ministry of Finance |
| --- | --- | --- |

2\. Some Articles of the Land Law No. 31/2024/QH15 amended and supplemented by the Law No. [43/2024/QH15](https://vnlawfirm.vn/van-ban/law-on-amendments-to-land-law-no-31-2024-qh15-housing-law-no-27-2023-qh15-law-on-real-estate-business-no-29-2023-qh15-and-law-on-credit-institutions-no-32-2024-qh15/ "Xem chi tiết: 43/2024/QH15"), Law No. [47/2024/QH15](https://vnlawfirm.vn/van-ban/law-on-urban-and-rural-planning-of-vietnam-2024/ "Xem chi tiết: 47/2024/QH15"), Law No. [58/2024/QH15](https://vnlawfirm.vn/van-ban/law-on-public-investment-of-vietnam-2024/ "Xem chi tiết: 58/2024/QH15"), Law No. [71/2025/QH15](https://vnlawfirm.vn/van-ban/law-on-digital-technology-industry-of-vietnam-2025/ "Xem chi tiết: 71/2025/QH15"), Law No. [84/2025/QH15](https://vnlawfirm.vn/van-ban/law-on-inspection-of-vietnam-2025/ "Xem chi tiết: 84/2025/QH15"), Law No. [93/2025/QH15](https://vnlawfirm.vn/van-ban/law-on-science-technology-and-innovation-of-vietnam-2025/ "Xem chi tiết: 93/2025/QH15"), Law No. [95/2025/QH15](https://vnlawfirm.vn/van-ban/law-on-railway-of-vietnam-2025/ "Xem chi tiết: 95/2025/QH15") and Law No. [116/2025/QH15](https://vnlawfirm.vn/van-ban/law-on-cybersecurity-of-vietnam-2025/ "Xem chi tiết: 116/2025/QH15") are amended and supplemented as follows:

a) Point e clause 1 of Article 34 is amended and supplemented as follows:

“e) Sublease land use rights in the form of annual land rental payment for land on which infrastructure has been completely constructed in case they are permitted to construct and commercially operate infrastructure on land in industrial parks, industrial clusters, hi-tech parks or airports; sublessees of land use rights must use land for its intended purposes and discharge financial obligations in accordance with law.”;

b) Point dd clause 1 of Article 157 is amended and supplemented as follows:

“dd) Land is used for construction of airport structures and air navigation structures; land is used for parking lots and maintenance workshops in service of public passenger transport; land is used for construction of above-ground works serving the operation, exploitation and use of underground works;”;

c) Point c is added to clause 1 of Article 201 as follows:

“c) Enterprises and investors permitted by the Minister of National Defense or the Minister of Public Security to use national defense and security land to invest in the construction, upgradation, expansion, maintenance and exploitation of airport structures on national defense and security land for dual-use purposes.”;

d) Point h clause 3 of Article 201 is amended and supplemented as follows:

“h) Lease, mortgage or contribute property attached to land as capital according to plans approved by the Minister of National Defense or Minister of Public Security, for the subjects specified in point b clause 1 of this Article. The purchase and sale of property attached to land and handling of mortgaged property and property contributed as capital may only be carried out internally between the subjects specified in points a and b clause 1 of this Article according to the plans approved by the Minister of National Defense or Minister of Public Security;”;

dd) Article 208 is amended and supplemented as follows:

**“Article 208. Land used for airports**

1\. Land used for airports includes:

a) Land for construction of working offices of state agencies, people’s armed forces at airports, land for construction of state-owned aerodromes, other auxiliary structures and facilities therein;

b) Land for construction of air navigation structures;

c) Land for construction of structures other than those specified in points a and b of this clause, which still belong to airports.

2\. The management and use of airport land must conform to the detailed airport planning scheme approved by the competent authority.

3\. Provincial People’s Committees shall allocate and lease out land as per the following regulations:

a) Allocate land in the form of land allocation without collection of land levy in the cases specified in point a clause 1 of this Article;

b) Lease out land to air navigation enterprises of land levy in the form of land lease with annual collection of land rent for the land specified in point b clause 1 of this Article;

c) Lease out land to airport investors and airport enterprises in the form of land lease with annual collection of land rent for the remaining area of land of airports.

4\. Land is leased out to airport investors and airport enterprises in the form of land lease with annual collection of land rent according to the principle of publicity, transparency and fairness and the Government’s regulations.

5\. Where a civil airport is constructed under a public-private partnership (PPP) investment project using land, the use of land shall comply with Article 207 of this Law.

6\. The Government shall elaborate this Article.”;

e) Clause 9 of Article 260 is amended and supplemented as follows:

“9. Airport land that has been allocated or leased out by the State before July 01, 2026 may continue to be managed and used until the expiry of the land lease or allocation term as prescribed in the Land Law No. [45/2013/QH13](https://vnlawfirm.vn/van-ban/land-law-of-vietnam-2013/ "Xem chi tiết: 45/2013/QH13") and Land Law No. 31/2024/QH15. If the State adopts a policy on investment in upgradation or expansion which changes the planning scheme for construction of an airport or changes the entity that manages and uses such airport, the management and use of land must comply with this Law. For an airports authority that was leased out land before August 01, 2024, the land lease shall continue under the signed agreement; where the State still has yet to expropriate land upon the expiry of the land lease term, the State shall consider extending the land lease term for the structure owner in accordance with this Law.”.

**Article 105. Application of the Law on Civil Aviation of Vietnam to low-altitude air transport operations and to aircraft and operations of** **aircraft of the armed forces and other state agencies serving official purposes**

Based on the requirements for national socio-economic development, the Government shall stipulate the application of this Law to low-altitude air transport operations; stipulate the application of this Law in its entirety or of specific articles, clauses or points of this Law to aircraft and operations of aircraft of the armed forces and other state agencies serving official purposes.

**Article 106. Effect**

1\. This Law comes into force from July 01, 2026.

2\. The Law on Civil Aviation of Vietnam No. 66/2006/QH11 amended and supplemented by Law No. [45/2013/QH13](https://vnlawfirm.vn/van-ban/land-law-of-vietnam-2013/ "Xem chi tiết: 45/2013/QH13"), Law No. 61/2014/QH13, Law No. [16/2023/QH15](https://vnlawfirm.vn/van-ban/law-on-prices-of-vietnam-2023/ "Xem chi tiết: 16/2023/QH15"), Law No. [18/2023/QH15](https://vnlawfirm.vn/van-ban/law-on-civil-defense-of-vietnam-2023/ "Xem chi tiết: 18/2023/QH15"), Law No. 49/2024/QH15 and Law No. [81/2025/QH15](https://vnlawfirm.vn/van-ban/law-on-amendments-to-law-on-organization-of-peoples-courts-of-vietnam-2025/ "Xem chi tiết: 81/2025/QH15") shall cease to be effective from the effective date of this Law, except for the provisions set out under Article 107 of this Law.

3\. The Government shall elaborate Articles 8, 9, 11, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 57, 61, 63, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101 and 103; clause 8 of Article 64.

4\. The Supreme People’s Court shall instruct People’s Courts at all levels in implementing the provisions enshrined in clauses 2 and 3 Article 21 of this Law.

**Article 107. Transitional clauses**

1\. For civil airport structures permitted by competent authorities to be invested in and constructed on national defense and security land and on public property prior to the effective date of this Law, the provisions of point a clause 3 Article 30 of this Law shall be complied with.

2\. An enterprise owning an airport structure prior to the effective date of this Law may invest in upgrading, renovating or expanding such structure in accordance with the planning scheme in order to manage and operate it until the expiry of the land lease term.

3\. The master planning scheme for national airport and aerodrome system development and airport and aerodrome planning scheme approved by competent authorities prior to the effective date of this Law shall continue to be implemented until they are adjusted or replaced by competent authorities.

4\. Airport or aerodrome operator certificates, airport and aerodrome business licenses, air transport business licenses and general aviation business licenses issued by competent authorities prior to the effective date of this Law shall remain valid until they are revoked, invalidated or replaced.

_This Law was passed by the 15th National Assembly of the Socialist Republic of Vietnam on this 10th of December, 2025 during its 10th session._



| **CHAIRMAN OF THE NATIONAL ASSEMBLY** Tran Thanh Man |
| --- |

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