National Assembly Chairman Tran Thanh Man delivers the opening speech at the meeting. (Photo: Doan Tan/VNA)

Discussing the draft Law on Vietnam Civil Aviation (amended) on the morning of September 5, the National Assembly Standing Committee requested agencies to closely coordinate with the Government to complete the draft Law with the highest quality, and submit it to the National Assembly for consideration and approval according to the 1-session process.

Presenting the Government's Proposal, Minister of Construction Tran Hong Minh said that the development of the Law project aims 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.

Implementing the spirit of innovation in law-making thinking, the draft Law only regulates framework issues of principle and contents under the authority of the National Assembly; it is rearranged and restructured to include 11 Chapters and 107 Articles (95 articles less than the current Law).

Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung, representing the examining body, said: The Standing Committee of the Committee agrees with the comprehensive amendment of the Law on Civil Aviation of Vietnam. However, the content of the draft Law is related to many laws in the current legal system and many international treaties to which Vietnam is a member.

Therefore, the review agency recommends continuing to review to ensure compatibility with international treaties and ensure the consistency of the legal system; in cases where it is really necessary to have regulations different from current laws to meet the requirements of civil aviation activities, it is necessary to amend the regulations in relevant laws to ensure consistency.

Regarding investment in the construction of airports and facilities at airports (Article 31), the Standing Committee of the Committee basically agrees with the provisions of the draft Law to overcome difficulties and obstacles in investing in new construction, upgrading, expanding, maintaining and exploiting dual-use facilities at airports at present. However, the Land Law stipulates that units and enterprises using national defense and security land in combination with production and economic construction activities “are not allowed to transfer, donate or lease land use rights.”

Therefore, the appraisal agency proposed to clarify the form of use of defense and security land by investors and enterprises to carry out investment projects to avoid problems during implementation; if necessary, propose to amend and supplement the provisions of the Land Law to ensure consistency and uniformity.

Regarding investment in airport construction using non-state capital (Article 32), the Standing Committee of the Committee agrees to supplement this provision to institutionalize the Party's viewpoints and policies on enhancing socialization and mobilizing non-state resources to participate in investment in transport infrastructure; ensuring that the private economy competes equally with other economic sectors in accessing business opportunities.

In addition, there is a proposal to amend the regulation at Point b, Clause 2, Article 32 in the direction that when the project's operating period expires and the investor wishes to continue implementing it and meets the conditions prescribed by law, the project's operating period will be considered for extension to ensure the investor's rights.

Vice Chairman of the National Assembly Nguyen Khac Dinh speaks. (Photo: Doan Tan/VNA)

Concluding this content, Vice Chairman of the National Assembly Nguyen Khac Dinh requested the drafting agency to advise the Government to continue reviewing and clarifying the scope of the draft Law on some types of unmanned aircraft and other flying vehicles, ensuring that there is no duplication or overlap with the provisions of the Law on People's Air Defense, but also not leading to a legal gap in regulating related types of vehicles.

The Vice Chairman of the National Assembly also requested the drafting agency to coordinate with other agencies to continue to carefully review the provisions of the draft Law, ensuring compatibility with international treaties to which Vietnam is a member and ensuring the consistency of the legal system. In cases where it is really necessary to have provisions in this Law that are different from the current law to meet new requirements of civil aviation activities, it is necessary to amend and supplement relevant laws immediately to ensure the consistency and uniformity of the law (such as the Land Law, the Law on Management and Use of Public Assets; other specialized laws such as the Law on Taxation, the Investment Law, the State Budget Law, etc.); continue to research to more specifically institutionalize the Central Committee's resolutions.

Members of the National Assembly Standing Committee requested the drafting agency to coordinate with relevant agencies to study, carefully review, propose, revise and perfect specific regulations on financial investment, prices and payments related to the exploitation of airports and works at airports to remove current difficulties and obstacles; create a legal corridor to mobilize non-state resources to invest in the aviation sector, well serve the goals of socio-economic development, strengthen national defense and security potential while ensuring the consistency of the legal system./.

According to vietnamplus.vn

Source: https://huengaynay.vn/chinh-tri-xa-hoi/phap-luat-cuoc-song/huy-dong-nguon-luc-ngoai-nha-nuoc-dau-tu-vao-linh-vuc-hang-khong-157478.html