THE GOVERNMENT
Decree No. 30/2013/ND-CP dated April 08, 2013 of the Government on air transportation and general air operation
Pursuant to the Law on Government Organization dated December 2001;
Pursuant to the Law dated June 29, 2006 on Civil Aviation of Vietnam
At the proposal of the Minister of Transport,
The Government issues a Decree on air transportation and general air operation
GENERAL PROVISION
Article 1. Scope of regulation and subject of application
1. This Decree stipulates that:
a) Conditions and procedures in granting the air transportation permit and the general air operation permit for commercial purposes, the general air operation registration certificate for non-commercial purposes;
b) The use of brand and franchise in air transportation enterprises and non-commercial air business enterprises.
2. This Decree is applicable to all organizations and individuals involved in granting, re-granting and annulling the of air transportation permit, the general air operation permit for commercial purposes, general air operation registration certificate for non-commercial purposes; air transportation and general air operation.
3. In this Decree, the air transportation enterprises, the general air operation enterprise for non-commercial purposes are referred to as airline.
Article 2. Contents of air transportation and general air operation
1. The air transportation includes the air transport activities, advertising, marketing and product sale transported by on the market for profits.
2. General air operation includes types as follows:
a) General air operation for commercial purposes is the advertising, sales, performance of general air service’s performance for profit.
b) The general air operation for non-commercial purposes is the general air operation in service of activities for non-commercial purpose.
Article 3. Agency making and issuing development planning and appraising for granting Permit and Certificate
1. The Ministry of Transport shall assume the prime responsibility and coordinate with the relevant Ministries, sectors, individuals and organizations to make the development planning of Vietnamese airlines for submission to the Prime Minister for approval.
2. The Minister of Transport shall grant and re-grant the air transportation permit and the general air operation permit for commercial purposes, airline investment certificate with foreign invested capital after the Prime Minister’s permission.
3. Vietnam Civil Aviation Authority is an agency under the Ministry of Transport and verifies dossiers for granting the air transportation permit and the general air operation permit for commercial purposes.
4. Director of Vietnam Civil Aviation Authority shall grant and re-grant General air operation registration certificate for non-commercial purposes (not including the operation of unmanned aircraft and ultra-light flying vehicles).
Article 4. Foreign invested capital airlines
1. The foreign invested capital airlines have the rights and obligations prescribed by law on civil aviation, investment and enterprise.
2. Certificate of Investment for investment projects with foreign invested capital and also the air transportation permit, business aviation Permit for general commercial purposes and the general air operation permit for commercial purposes.
