Title: Decree 92/2016/ND-CP dated July 1, 2016 of the Government, providing for conditional business sectors or business in the civil aviation industry

Type: Decree

Issuing Agency: Government

Responsible Agency: Ministry of Transport

Issuing Date: 01-07-2016

Decree No. 92/2016/ND-CP provides for conditional business sectors and/or activities in the civil aviation industry, including: (i) air transport service business; (ii) airport or airdrome business; (iii) air service business; (iv) design, manufacture, maintenance or testing of aircraft, engines, propellers and equipment thereof in Vietnam; (v) air navigation service business; and (vi) aviation staff training, coaching and mentoring service business. For each business sector, it describes detailed eligbility requirements.

Regarding air transport service business, the Decree stipulates following eligibility  requirements for service providers: (i) to conform to the air transport development plan; (ii) to obtain an air transport business license; and (iii) to meet requirements concerning plans to ensure availability of aircraft for operations, organizational machinery, capital, business plans and product development tactics, which are described in details in this Decree. 

The procedures for issuance of a license for air transport service business and general aviation business are also described, with application dossier includes:

-  The written request in prescribed form;

-  The original copy of the capital confirmation;

-  The enterprise’s organizational machinery;

-  The authenticated duplicate of an appointment decision, employment contract, and the duplicate of a decree or professional certificate of the responsible person;

-  The agreement in principle or agreement on aircraft purchase, hire-purchase or charter;

-  The enterprise’s charter.

Within no more than 30 working days since the receipt of the stipulated dossier, the Civil Aviation Authority of Vietnam shall submit an evaluation report to the Ministry of Transport. Within 15  working days,  the Ministry of Transport shall consider and submit that report to the Prime Minister. Within 10 days, the Prime Minister shall consider and allow the Ministry of Transport to grant the license for air transport service business, or general aviation service business. Within 05 working days,  the Ministry of Transport shall grant the license in prescribed form.

The Decree becomes effective since July 1, 2016 and annuls the following documents:

- Article 5 through Article 19 of the Government’s Decree No. 30/2013/ND-CP dated April 8, 2013 on air transport business and general aviation operations;

- Article 36 and 37, Clause 1 Article 38, Clause 1 and 2 Article 39 of the Government’s Decree No.102/2015/ND-CP dated October 20, 2015 on management and operation of airport or airdrome.

 

Download Vietnamese: Decree 92/2016/ND-CP dated July 1, 2016 of the Government, providing for conditional business sectors or business in the civil aviation industry