Chapter VI
SELLING, MORTGAGING, LEASING, CONTRIBUTING PROPERTY ON AIRPORT/AIRFIELD LAND AS CAPITAL, EXCEPT FOR SPECIALIZED AIRFIELDS
Article 25. Cases in which property on airport/airfield land may be sold, mortgaged, leased out, contributed as capital
1. Property on leased land at the airport/airfield invested by state budget and other capital sources may be leased out.
2. Property on leased land at the airport/airfield invested by state budget and other capital sources may be mortgaged.
3. Property on leased land at the airport/airfield invested by capital sources other than state budget may be sold.
4. Property on leased land at the airport/airfield invested by capital sources other than state budget may be contributed as capital.
Article 26. Cases in which property on airport/airfield land must not be sold, mortgaged, leased out, or contributed as capital
1. Infrastructure of the airfield must not be sold, mortgaged, leased out, or contributed as capital.
2. Construction works serving provision of air traffic control services, aeronautical information notification, search and rescue, aviation security must not be sold, mortgaged, leased out, or contributed as capital.
3. Infrastructure of an airport invested by state budget must not be sold or contributed as capital.
Article 27. Rules for selling, mortgaging, leasing, contributing property on airport/airfield land as capital
1. The sale, mortgage, lease, contribution of property on land mentioned in Article 25 of this Decree may only be done within the right to property and right to do business of the seller/mortgagor/lessor/contributor, and must not change the functions of the construction works according to the approved airport/airfield planning or land use purpose, not interrupt or affect the operation of the airport/airfield; not affect the right to use and do business of other enterprises as prescribed by law.
2. The buyer/lessee/recipient of the property must be able to maintain the operation of the construction work, provide services consistently with functions of the construction work, satisfy requirements in terms of aviation security and safety, environmental safety, conform with the plan for upgrade, extension of the airport/airfield as prescribed by law; comply with regulations of law on aviation service pricing. Do not take advantage of the monopoly to exercise unhealthy competition.
3. The seller/lessor/contributor must maintain the provision of aviation services until the buyer/lessee/recipient of the property is capable of operating the construction work and granted the license to provide corresponding aviation services as prescribed by law.
4. The seller/lessor/contributor shall send the concluded contract to Civil Aviation Authority of Vietnam within 03 working days from the conclusion date.
5. The sale, lease out, contribution of property on airport/airfield land shall comply with this Decree and relevant regulations of law. In case the buyer/lessee/recipient of the property fails to satisfy the requirements, the Ministry of Public Security shall consider dismiss such entity from management and operation of the construction work in order to rearrange the management and operation of the construction work as prescribed. The decision of the Ministry of Transport is the basis for the parties to conclude and finalize the contract as prescribed by law.
Article 28. Criteria for selecting buyer/lessee/recipient of leased land at the airport/airfield
The buyer/lessee/recipient of leased land at the airport/airfield must:
1. Be an enterprise that has a legal status as prescribed by law.
2. Have financial capacity suitable for the provision of corresponding aviation services.
3. Have a plan that meets requirements for management, operation of the construction work, and provision of corresponding aviation services.
Article 29. Plan for leasing out property on leased land at the airport/airfield invested by state budget
1. The person assigned by the State to manage property shall make a plan for property lease and submit it to the Ministry of Transport for appraisal.
2. Contents of the plan for property lease:
a) Name of the lessor;
b) List and technical characteristics of the construction work;
c) Value of the construction work;
d) Lease duration;
dd) Rent;
e) Conditions for leasing;
g) Ability to recoup investment;
h) Rights and obligations of the lessor and the lessee;
i) Conditions and methods for selection of lessee;
k) Time for selection of lessee;
l) Plan for maintaining operation of the construction work and provision of corresponding aviation services;
m) Roadmap for renovation, upgrade of the construction work.
Article 30. Procedures for approving the plan for leasing out property on leased land at the airport/airfield invested by state budget
1. An application for approval of the plan for property lease consists of:
a) A written request for approval that contains name, address of the applying organization, Name of the airport/airfield; name and location of the construction work;
b) The leasing plan.
2. The lessor shall send 08 sets of the application to the Ministry of Transport, whether directly or by post or another appropriate manner.
3. Within 45 days from the day on which the satisfactory application is received, the Ministry of Transport shall cooperate with the Ministry of National Defense, the Ministry of Planning and Investment, and the Ministry of Finance in appraising, and request the Prime Minister to decide.
If the application is not satisfactory, the Ministry of Transport shall send a written notification and instruct the applicant to complete it.
Article 31. Rents for property on leased land at the airport/airfield invested by state budget
1. The rents shall be determined in accordance with this Decree and regulations of law on pricing;
2. Rents include:
a) Fixed rent which is calculated according to annual depreciation of the construction work, loan repayment plus interest (if any), cost of management and operation of the construction work, and other costs as prescribed;
b) Variable rent is a percentage of annual revenue from the operation of the construction work.
3. Rent is determined according to:
a) Value of the construction work;
b) Functions and technical characteristics of the construction work;
c) Conditions for leasing;
d) Rights and obligations of the parties;
dd) Other conditions.
4. The rent on the lease contract must not fall below the approved pricing scheme.
5. The rent in the lease contract may be adjusted:
a) every five years;
b) when the inflation rate of Vietnam exceeds 15% per year;
c) Other cases proposed by the parties and accepted by the regulatory body that approved the pricing scheme.
6. The Ministry of Finance shall consider approving rents and rent adjustment at the request of the Ministry of Transport.
Article 32. Procedures for selecting the lessee of property on leased land at the airport/airfield invested by state budget
1. The lessor shall send 08 sets of the application for approval of the bidding documents sent to lessees to the Ministry of Transport, whether directly or by post or another appropriate manner.
2. The application consists of:
a) A written request for approval that contains name, address of the applying organization, Name of the airport/airfield; name and location of the construction work;
b) The bidding documents according to the template provided by the Minister of Transport.
3. Within 45 days from the day on which the satisfactory application is received, the Ministry of Transport shall approve the bidding documents.
If the application is rejected, the Ministry of Transport shall send a written notification to the applicant and provide explanation.
4. The lessee shall be selected in accordance with this Decree and relevant regulations of law on bidding.
5. The lessee must follow procedures for issuance of the license to provide aviation services as prescribed.
Article 33. Contract for lease of property on leased land at the airport/airfield invested by state budget
1. The lease contract is conclude and executed on the basis of the plan for leasing and result of lessee selection.
2. Main content of the lease contract:
a) Names, addresses, account numbers of the parties;
b) The rent;
c) Conditions and methods of payment;
d) List of construction works;
dd) Rights and obligations of the parties;
e) Conditions and procedures for contract revision;
g) Regulations that the plan for leasing approved by competent authorities is an integral part of the contract;
h) Effective date and duration of the contract;
i) Dispute settlement.
3. The duration of a lease contract shall not exceed 30 years and may be extended for up to 20 more years by the Minister of Transport.
4. Revenue from the lease shall be used for the following purposes:
a) Construction, maintenance, repair, upgrade, extension of infrastructure of the airport/airfield;
b) Covering the cost of making and executing the plan for leasing.
5. The Ministry of Transport shall decide the plan for collecting, transferring, the using the revenue from lease of property on leased land at the airport/airfield invested by state budget after reaching an agreement with the Ministry of Finance.
Article 34. Mortgaging property on leased land at the airport/airfield invested by state budget
1. The person assigned as property manager by the State shall send 08 sets of the application for approval of the mortgaging plan to the Ministry of Transport, whether directly or by post or another appropriate manner.
2. The application consists of:
a) A written request for approval that contains name, address of the applying organization, Name of the airport/airfield; technical characteristics of the construction work;
b) A written explanation for: value of the construction work, conditions and method for selection of the credit institution that receives the mortgage; mortgaging duration; reasons for mortgaging; conditions for mortgaging, rights and obligations of the mortgagor and mortgagee; plan for maintenance of the operation of the construction work and provision of corresponding aviation services; roadmap for renovation, upgrade, and extension of the construction work.
3. Within 45 days from the day on which the satisfactory application is received, the Ministry of Transport shall approve the plan.
If the application is rejected, the Ministry of Transport shall send a written notification to the applicant and provide explanation.
4. According to the approved mortgaging plan, the property manage shall take the mortgage as prescribed by relevant regulations of law. The content of the mortgaging contract must not contravene the approved mortgaging plan and regulations of this Decree.
Article 35. Selling, mortgaging, leasing out, contributing property on leased land at the airport/airfield invested by capital sources other than state budget
1. The property owner shall send 08 sets of the application for approval for the selling, mortgaging, leasing, contribution plan to the Ministry of Transport, whether directly or by post or another appropriate manner.
2. The application consists of:
a) A written request for approval that contains name, address of the applying organization, Name of the airport/airfield; technical characteristics of the construction work;
b) A written explanation and evidence for fulfillment of conditions prescribed in Article 27, Article 28, and Article 37 of this Decree.
3. Within 45 days from the day on which the satisfactory application is received, the Ministry of Transport shall approve the plan.
If the application is rejected, the Ministry of Transport shall send a written notification to the applicant and provide explanation.
4. According to the approval by the Ministry of Transport, the property owner shall sell, mortgage, lease out, contribute the property as prescribed by relevant regulations of law. The content of the contract for sale, mortgage, lease, contribution of property must not contravene regulations of this Decree.
5. The buyer/lessee/recipient of property shall follow procedures for issuance of the license to provide aviation services as prescribed.
Tìm kiếm
Nghị định 102/2015/NĐ-CP (Bản Word)
Nghị định 102/2015/NĐ-CP (Bản Pdf)