Laws of Vietnam

DECISION No.950-TTg OF DECEMBER 19, 1996 OF THE PRIME MINISTER ON ORGANIZATION, FUNCTION, TASKS AND POWERS OF AIRPORT AUTHORITIES

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

DECIDES:

Article 1.- To establish the Regional Airport Authorities under the Civil Aviation Department of Vietnam. They shall perform the task of specialized State management of civil aviation at airports and civil airfields in accordance with provisions of law and the authorization of the Director of the Vietnam Civil Aviation Department.

The Regional Airport Authority is a non-business unit, has the legal person status, its own seal and bank account, is entitled to collect revenues, use and remit to the State budget such revenues in accordance with the stipulations of the State. The Regional Airport Authority is composed of:

1. The Northern Airport Authority to administer the group of northern airports and airfields; it is headquartered at the Noi Bai International Airport, Hanoi city.

2. The Central Vietnam Airport Authority to administer the group of airports and airfields in Central Vietnam, it is headquartered at the Da Nang International Airport, Quang Nam-Da Nang province.

3. The Southern Airport Authority to administer the group of southern airports and airfields; it is headquartered at the Tan Son Nhat International Airport, Ho Chi Minh City.

Article 2.- The Regional Airport Authority has the following tasks and powers:

1. To draw up general plans, plans for the development and exploitation of the airports and civil airfields in the region and submit them to the Director of the Vietnam Civil Aviation Department and organize the implementation thereof after they are approved by the competent authority.

To invest in the upgrading, renovation, expansion and development of the infrastructure of the airports and airfields in accordance with prescriptions of the Government and the mandate of the Vietnam Civil Aviation Department.

2. To assume the main responsibility and coordinate with the civil aviation organizations, the specialized State management agencies at airports in ensuring security, safety, public order, environmental hygiene and in providing services in a convenient, civilized and courteous manner.

(The Government has already issued a Decree on the organization and coordination of State management of activities at airports and airfields).

With regard to the airfields managed by the Ministry of Defense, it shall coordinate with the defense units in performing the above said task.

3. To inspect and supervise the observance of the regulations on: the safety at airports, airfields and the adjoining areas, the suspension of the construction of structures, installation of equipment, planting of trees and grazing of cattle within airports, airfields and the adjoining areas which are likely to affect the safety or disturb flight operations.

4. In case of incidents that directly and instantly affect the security and safety at airports and airfields, the Director of the Airport Authority has the right to decide the temporary closure of such civil airport or airfield for no more than 24 hours and immediately report to the Director of the Vietnam Civil Aviation Department, and at the same time notify the concerned flight control agencies thereof.

5. To be responsible for managing all land area and water surface allocated by the Government for use in the construction and development of airport and airfield infrastructure; to organize and manage the construction of ground, on-water or underground structures in accordance with general plans and projects approved by the competent authority.

To organize the management of the airport and airfield exploitation in order to ensure the supply of aviation services and public services; to grant and withdraw permits to and from organizations and individuals conducting business or providing services within the airport and airfield areas; to supervise the operation of such organizations and individuals within its competence; collect fees and charges from the use and exploitation of civil airports and airfields and other revenues for remittance to the State budget and for use in accordance with the provisions of law and stipulations of the State. The Airport Authority shall not directly supply commercial services at the airports and airfields.

6. Basing itself on the directive of the Vietnam Civil Aviation Department to coordinate with the concerned State agencies and local administrations in drawing up plans and programs for aviation security and organizing the implementation thereof, guarding against illegal entries and organizing emergency and rescue work at the airports, airfields and adjoining areas.

7. Basing itself on the directives of the Prime Minister and the Director of the Vietnam Civil Aviation Department to negotiate with foreign and Vietnamese organizations and individuals to find capital sources for developing the airport and airfield infrastructure, and organize the implementation of the projects approved by the competent authority.

8. To cooperate with the central and local State agencies in performing the assigned functions, tasks and powers.

Article 3.- The organizational structure of the Regional Airport Authority and the attached airport authorities:

1. The Regional Airport Authority shall have its General Director and General Directors to assist the General Director.

- The General Director shall be appointed or dismissed by the Director of the Vietnam Civil Aviation Department and the Minister-Chairman of the Government Commission on Organization and Personnel. The General Directors shall be appointed or dismissed by the Director of the Vietnam Civil Aviation Department.

- The General Directors of the Northern, Central Vietnam and Southern Airport Authorities shall be concurrently the Directors of the Noi Bai, Da Nang and Tan Son Nhat International Airports. The organizational structures of the Noi Bai, Da Nang and Tan Son Nhat International Airports shall be also the organizational structures of the Regional Airport Authority.

2. Depending on the practical situation, an airport authority or representatives of the Regional Airport Authority may be established at an airport or airfield attached to the Regional Airport Authority. The establishment at such authorities shall be decided by the Director of the Vietnam Civil Aviation Department at the proposal of the General Director of the Regional Airport Authority.

Article 4.- Basing himself/herself on Articles 1, 2 and 3 above and current stipulations of the State, the Director of the Vietnam Civil Aviation Department shall specify the structures, functions, tasks and powers of the airport authorities attached to the Regional Airport Authority.

Article 5.- This Decision takes effect from the date of its signing. The earlier provisions which are contrary to this Decision are now annulled.

The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People’s Committees of the provinces and cities directly under the Central Government and the Director of the Vietnam Civil Aviation Department shall have to implement this Decision.

For the Prime Minister

Deputy Prime Minister