How are international air transport rights regulated?

International air transportation rights are stipulated in Article 114 of the Vietnam Civil Aviation Law 2006' target='_blank'>Article 114 of Vietnam Civil Aviation Law 2006. Accordingly:

1. International air transportation is transportation by air through the territory of more than one country.

The exchange of air transport rights between Vietnam and other countries must ensure fairness and equality in exploitation opportunities, rights and obligations between Vietnamese and foreign airlines.

2. Regular international air transportation rights to and from Vietnam are granted based on market demand, airline capabilities, and balanced development of the flight network; on the basis of and in accordance with the provisions of international treaties on air transport to which the Socialist Republic of Vietnam is a member. In cases where Vietnam is not yet a member of an international treaty on air transport, the Minister of Transport may allow airlines to temporarily operate scheduled international air transport to and from Vietnam.

3. Irregular international air transportation rights to and from Vietnam are granted based on market demand and must not adversely affect regular transportation.

The basis for granting air transport rights is guided by Article 17 of Circular 81/2014/TT-BGTVT' target='_blank'>Article 17 Circular 81/2014/TT-BGTVT. Accordingly:

1. Market demand:

a) For new routes that are not yet operated by any airline, air transportation rights are granted based on the request of the airline intending to operate that route;

b) For currently operating routes, air transportation rights are granted based on the results of operations on these routes at the time the airline requests permission.

2. Airline capabilities:

a) Financial capacity, aircraft fleet, human resources;

b) Feasibility of the operation plan at the time the airline requests permission.

3. Balance flight network and economic development goals:

a) Responsive capacity of airport and aerodrome infrastructure;

b) Stable and reasonable development of flight routes;

c) Balance air transport between regions, taking into account factors that stimulate demand and encourage operations to airports in areas with particularly difficult socio-economic conditions, mountainous areas, remote areas with essential needs for air transport (essential routes), airports with low operations, and airlines actually exploit essential routes;

d) Reasonable load distribution for Vietnamese airlines on the route network.
Above is the advice of the Law Secretariat Editorial Board on international air transportation rights. To understand this issue in more detail, please refer to the Vietnam Civil Aviation Law 2006.

Best regards!