It is necessary to develop and promulgate the draft Law on Civil Aviation of Vietnam (amended).

(Chinhphu.vn) – At a plenary session at the Hall this morning (October 22), the National Assembly listened to a report on the draft Law on Civil Aviation of Vietnam (amended).

The National Assembly heard a report on the draft Law on Civil Aviation of Vietnam (amended)

Overcoming difficulties and shortcomings arising from practice

Presenting the Proposal on the draft law, Minister of Construction Tran Hong Minh said that the development of the draft Law on Civil Aviation of Vietnam (amended) is necessary to promptly institutionalize the Party's guidelines and policies in: Documents of the 13th National Congress of Delegates, Resolution No. 24-NQ/TW of the 11th Party Central Committee on proactively responding to climate change, strengthening resource management and environmental protection; Resolution No. 08-NQ/TW of the Politburo on developing tourism into a spearhead economic sector; Resolution No. 12-NQ/TW of the 12th Party Central Committee on continuing to restructure, innovate and improve the efficiency of state-owned enterprises; Resolution No. 18-NQ/TW of the 12th Party Central Committee on continuing to innovate and reorganize the apparatus of the provincial political system to be compact, effective and efficient; Resolution No. 55-NQ/TW of the Politburo on the orientation of Vietnam's national energy development strategy to 2030, with a vision to 2045... overcomes difficulties and shortcomings arising from practice, and implements international commitments that Vietnam participates in the field of civil aviation.

The Law was built to institutionalize the Party and State's guidelines and policies, perfect mechanisms and policies in the field of civil aviation; implement Vietnam's commitments to the international community; enhance the effectiveness and efficiency of state management in the field of civil aviation; overcome difficulties and shortcomings; propose solutions to new and emerging issues; clear bottlenecks, create new momentum for socio -economic development, international integration, and ensure national defense and security in the new era - the era of national development.

Approval of comprehensive amendments to the draft law

Examining the draft law, the Committee on Law and Justice (UBPLTP) agreed with the comprehensive amendment of the draft law; stating that the provisions of the draft law ensure constitutionality and compatibility with relevant international treaties to which Vietnam is a member; and basically ensure consistency with relevant laws. The draft law dossier submitted to the National Assembly has been received and completed according to the opinions of the National Assembly Standing Committee and preliminary examination opinions, and is qualified to be submitted to the National Assembly for consideration and decision.

Regarding investment in the construction of airports and works at airports (Article 30): The People's Committee for Land Law basically agrees with the provisions of this Article in order to: Create a legal corridor to mobilize non-State resources to participate in the investment and exploitation of airports and works at airports, both serving the goal of socio-economic development and strengthening the national defense and security potential; to remove difficulties and obstacles in investing in new construction, upgrading, expansion, maintenance and exploitation of works at airports on national defense and security land. At the same time, agree with the proposal to amend and supplement Clause 1, Article 201 of the Land Law as in Point c, Clause 5, Article 107 of the draft Law to ensure the consistency of the legal system.

Regarding the rights and obligations of airport enterprises (Article 34): The People's Committee for Civil Aviation approves the regulation allowing airport enterprises to be proactive in organizing investment in construction, upgrading, renovation, and expansion of airports and works at airports according to the planning to ensure timeliness, synchronization, maximizing potential, advantages, and improving the efficiency of airport exploitation.

In addition, it is recommended to review the provisions in Clause 1, Article 34 of the draft Law to cut down some investment procedures, creating favorable conditions for businesses in accordance with the policies of the Party and State.

The People's Committee of Civil Aviation proposes to study and revise the regulation in Clause 6, Article 88 on "Flight safety supervisors are civil servants who are entitled to sign contracts with aviation enterprises to accumulate experience according to ICAO regulations and enjoy benefits and regimes according to the contract", ensuring strictness, feasibility and consistency with the provisions of the Law on Cadres and Civil Servants.

Regarding service prices and fees in the aviation sector (Article 106), the majority of opinions in the Law on Aviation agreed with the regulation that "Vietnam Aviation Authorities, Vietnam Aviation Security Authorities... are allowed to retain part or all of the collected fees to support the improvement of human resource quality, international cooperation, investment in development, modernization to improve the capacity to monitor aviation safety and security according to ICAO standards" in Clause 2, Article 106 to ensure sufficient resources for these agencies to perform their tasks associated with the goal of absolutely ensuring aviation safety and security, meeting the development needs of domestic aviation, ICAO requirements, in accordance with the provisions of the Chicago Convention and international practices.

Some opinions suggested not to regulate the above content, because according to the provisions of the Law on Fees and Charges and the Law on State Budget, all fees collected from service activities performed by state agencies must be paid into the state budget.

Hai Lien

Source: https://baochinhphu.vn/can-thiet-xay-dung-va-ban-hanh-du-an-luat-hang-khong-dan-dung-viet-nam-sua-doi-10225102213402216.htm