Resolution No. 01/2025/NQ-CP dated June 01, 2025 on investment in expansion of Phu Quoc international airport

RESOLUTION

INVESTMENT IN EXPANSION OF PHU QUOC INTERNATIONAL AIRPORT

THE GOVERNMENT

Pursuant to the Law on Government Organization dated February 18, 2025;

Pursuant to the Law on Local Government Organization dated February 19, 2025;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

Pursuant to the Law dated November 29, 2024 on amendments to the Law on Securities, the Law on Accounting, the Law on Independent Audit, the Law on State Budget , the Law on Management and Use of Public Property, the Law on Tax Administration,  the Law on Personal Income Tax, the Law on National Reserves , the Law on Penalties for Administrative Violations.

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law dated November 29, 2024 on amendments to the Law on Planning, the Law on Investment, the Law on Public-Private Partnership Investment  and the Law on Bidding;

Pursuant to the Government’s Decree No. 39/2022/ND-CP dated June 18, 2022 on working regulations of the Government;

At the request of the Ministry of Finance;

The Government promulgates Resolution on investment in expansion of Phu Quoc international airport.

Article 1. Investment in expansion of Phu Quoc international airport, serving APEC Summit in 2027

1. It is agreed that the investment in expansion of Phu Quoc international airport, serving the APEC Summit in 2027 is made in the form of business investment according to regulations in the Law on Investment.

2. The People's Committee of Kien Giang province is assigned to select domestic investors and organize the implementation of the Phu Quoc international airport expansion investment project, making sure that it is appropriate to the nature of a civil-military shared airport at the request of the People's Committee of Kien Giang province mentioned in the Document No. 1156/UBND-KT dated May 15, 2025.

3. The People's Committee of Kien Giang province is delegated to approve or adjust investment guidelines for the Phu Quoc international airport expansion investment project. Procedures for approving or adjusting investment guidelines for the Phu Quoc international airport expansion investment project shall be the same as those for a project of which investment guidelines are subject to the provincial People's Committee’s approval in accordance with regulations of the law on investment.

4. The People's Committee of Kien Giang province is delegated to organize appraisal and decide to approve the result of appraisal of the environmental impact assessment report of the Phu Quoc international airport expansion investment project; organize the fire safety appraisal, design approval and acceptance of work items of the Phu Quoc international airport expansion investment project in order to ensure fire safety according to regulations.

Article 2. Transfer of Phu Quoc international airport infrastructure asset invested and managed by the State

1. It is agreed that the Phu Quoc international airport infrastructure asset invested and managed by the State shall be withdrawn and transferred in its original condition from the Ministry of Construction to the People's Committee of Kien Giang province for management, disposal and implementation of the Phu Quoc international airport expansion investment project.

2. The Phu Quoc international airport infrastructure asset managed by Airports Corporation of Vietnam – JSC (ACV) and built in land used for national defense and security purposes or land managed by the military force (if any) according to the planning approved by the Ministry of Construction is not transferred to the local government for management and disposal.

3. The Minister of Construction shall decide to withdraw and transfer the Phu Quoc international airport infrastructure asset invested and managed by the State to the People's Committee of Kien Giang province for management and disposal in the following order:

a) Directing the organization of review and compilation of List of Phu Quoc international airport infrastructure assets under the management of ACV that are not recorded as state capital in enterprises;

b) Issuing a Decision to withdraw and transfer the Phu Quoc international airport infrastructure asset invested by the State to the People's Committee of Kien Giang province for investment in the Phu Quoc international airport expansion project, serving APEC Summit in 2027.

The asset transfer and withdrawal decision shall contain name of the enterprise assigned to manage the asset (ACV); name of the asset transferee (the People's Committee of Kien Giang province); list of transferred assets (asset name; year on which the asset is put into use; basic technical parameters (size/area/volume, etc.); historical cost, remaining value; civil or dual-use asset; rights to manage and use land attached to the asset;  asset use status; implementation organization responsibility.

Reasonable expenses directly related to the handover and receipt of the asset shall be covered by the asset transferee according to regulations.

The People's Committee of Kien Giang province is not required to pay the asset value to the Ministry of Construction when receiving the transferred asset for management and disposal.

4. The People's Committee of Kien Giang province shall receive the Phu Quoc international airport infrastructure asset invested and managed by the State for management and disposal and implementation of the Phu Quoc international airport expansion investment project. To be specific:

a) The People's Committee of Kien Giang province shall direct a professional authority to receive the asset for management and disposal; produce a logbook and depreciate the transferred asset from the time of receipt of the asset until the complete disposal of the asset as per by law.

b) The People's Committee of Kien Giang province shall agree with the Ministry of Construction that ACV will continue to maintain and operate the Phu Quoc international airport infrastructure asset (received by the People's Committee of Kien Giang province) according to the mechanism specified in the Decision No. 2007/QD-TTg dated December 07, 2020 of the Prime Minister from the date on which the People's Committee of Kien Giang province receives the asset until the complete selection of the investor and the airport-operating enterprise eligible for operation of the Phu Quoc international airport in accordance with the specialized law on aviation and relevant laws.

c) The People's Committee of Kien Giang province shall consider deciding to transfer the airport infrastructure asset attached to land to the person who is allocated land or leased out land by the State in accordance with regulations in the land law and is not required to return the asset value to the State.

The People's Committee of Kien Giang province shall hire a valuation enterprise to determine the asset value which serves as a basis for consideration of the decision of the value of asset to be returned to the State.

Based on the asset accounting record, the dossier on current state of the asset, the orientation to investment in construction and expansion of the Phu Quoc international airport according to the planning in the period of 2021-2030, with a vision to 2050, the valuation certificate and the valuation report prepared by the valuation enterprise, the People's Committee of Kien Giang province shall consider deciding the value of asset to be returned to the State. The determination of the value of asset to be returned excludes the determination of the advantage over right to operate the asset.

d) The person who is allocated land or leased out land for implementation of the Phu Quoc international airport expansion investment project shall be responsible for returning the asset value to the State as decided by the People's Committee of Kien Giang province.

dd) The allocation or lease of land for implementation of the Phu Quoc international airport expansion investment project shall comply with regulations of the land law, the law on investment and other relevant laws.

e) The amount collected (from the remaining difference on the basis revenue minus maintenance and operation costs) according to the mechanism prescribed in point b of this clause shall be remitted to the Kien Giang province’s budget to invest in infrastructure serving the APEC Summit in 2027.

g) The amount of asset value returned by the person who is allocated land or leased out land according to point d of this clause shall be remitted to the Kien Giang province’s budget to invest in the project on infrastructure serving the APEC Summit in 2027.

Article 3. Implementation organization

1. The Ministry of Construction is assigned to:

a) Transfer the Phu Quoc international airport infrastructure asset invested and managed by the State to the People's Committee of Kien Giang province and agree with the People's Committee of Kien Giang province on time limit for the asset transfer, thereby ensuring that the Phu Quoc international airport expansion investment project is punctually implemented so as to serve the APEC Summit in 2027.

b) During handover and receipt of the asset, cooperate with the People's Committee of Kien Giang province in management, use and operation of the asset (including use, maintenance, operation, use of funding for management and maintenance of the asset, etc.) according to regulations of the law, making sure that air transportation operations are safely and uninterruptedly conducted.

c) Give guidance on and inspect the investment in development of the Phu Quoc international airport expansion investment project in order to ensure that the investment is conformable to regulations of law within its jurisdiction.

d) Cooperate with the Ministry of National Defense, the Ministry of Public Security, the People's Committee of Kien Giang province and the investor in organization of the operation of the Phu Quoc international airport in accordance with regulations on security, defense and flight safety.

dd) Direct Vietnam Air Traffic Management Corporation to invest in facilities for ensuring flight operations under the approved planning so as to ensure synchronization with the progress in completion of the Phu Quoc international airport expansion investment project.

2. Airports Corporation of Vietnam – JSC (ACV) is assigned to:

a) Conduct review and compile a list of Phu Quoc international airport infrastructure assets invested and managed by the State and not recorded as state capital in enterprises under the direction of the Minister of Construction.

b) Take responsibility for maintenance and operation of the Phu Quoc international airport infrastructure asset in accordance with point b clause 4 Article 2 of this Resolution, thereby ensuring that air transportation operations are safely and uninterruptedly conducted until the complete transfer of the Phu Quoc international airport infrastructure asset to the new airport enterprise approved by the state authority; determine the amount to be remitted according to point b clause 4 Article 2 of this Resolution and remit the amount to state budget as per by law.

c) Proactively and urgently review and determine list of assets and the asset value (historical cost, remaining value) and organize the valuation of the asset invested by the enterprise at Phu Quoc international airport to serve as a basis for the asset disposal according to regulations of law.

3. The People's Committee of Kien Giang province is assigned to:

a) Be entirely responsible for proposals mentioned in the Document No. 1013/UBND-KT dated April 26, 2025, Document No. 1014/UBND-KT dated April 27, 2025, Document No. 1141/UBND-KT dated May 14, 2025 and Document No. 1156/UBND-KT dated May 15, 2025.

b) On the basis of receipt of the Phu Quoc international airport infrastructure asset invested and managed by the State, agree with the Ministry of Construction on time limit for the asset transfer and agree that ACV will continue to maintain and operate the Phu Quoc international airport infrastructure asset in order to ensure that air transportation operations are safely and uninterruptedly conducted at the Phu Quoc international airport; manage and use the amounts specified in points e and g clause 4 Article 2 of this Resolution as per by law.

c) Approve or adjust investment guidelines (if such investment guidelines must be adjusted) for the Phu Quoc international airport expansion investment project specified in Article 1 of this Resolution within its jurisdiction in accordance with regulations of law.

d) Be entirely responsible for selection of the domestic investor capable of implementing the Phu Quoc international airport expansion investment project within its jurisdiction in a manner that is public and transparent, and avoids negativity or profiteering of interests of a particular group; direct and supervise the implementation to make sure that the project is efficiently and punctually implemented to serve the APEC Summit in 2027.

dd) Deal with related issues in accordance with regulations to ensure the harmony of interests of the State, the investor and relevant parties and  avoid corruption, loss and waste.

e) Cooperate with the Ministry of National Defense, the Ministry of Public Security and the Ministry of Construction in organizing, providing guidance and supervising the operation of the Phu Quoc international airport in accordance with regulations of law and those on security, defense and flight safety.

4. The Ministry of Finance is assigned to:

a) Give guidance for the People's Committee of Kien Giang province on transfer of the infrastructure asset and procedures for investment in expansion of the Phu Quoc international airport (if any problem occurs).

b) Monitor, urge, consolidate and report to the Government and the Prime Minister on results of implementation of this Resolution; advise the Government and the Prime Minister to report to the National Assembly at the nearest session on adjustment to the procedures and jurisdiction specified in clause 3, Article 1 and the measures stated in clause 1, point c, clause 4, Article 2 of this Resolution.

5. The Ministry of Public Security is assigned to provide guidance on and cooperate with the People's Committee of Kien Giang province, relevant authorities and organizations in maintenance of aviation security and safety at Phu Quoc international airport during the transfer of the asset, implementation of the project on investment in expansion, management and operation of Phu Quoc international airport; supervise the organization of the fire safety appraisal, design approval and acceptance of work items of the Phu Quoc international airport expansion investment project and advise the Government and the Prime Minister to report to the National Assembly at the nearest session on adjustment to procedures and jurisdiction (if any) specified in clause 4, Article 1 of this Resolution.

6. The Ministry of National Defense is assigned to review and operate essential works serving national defense and security purposes; supervise civil aviation operations in order to maintain national security, safety and sovereignty; cooperate with the Ministry of Construction, the People's Committee of Kien Giang province, and the investor to organize the operation for civil-military shared use.

7. The Ministry of Agriculture and Environment is assigned to provide guidance on and cooperate with the People's Committee of Kien Giang province in the implementation of the project on investment in expansion, management and operation of Phu Quoc international airport within their functions and tasks in state management in accordance with regulations of law; supervise the appraisal and the decision on approval for result of appraisal of the environmental impact assessment report of the Phu Quoc international airport expansion investment project and advise the Government and the Prime Minister to report to the National Assembly at the nearest session on adjustment to procedures and jurisdiction (if any) specified in clause 4, Article 1 of this Resolution.

Article 4. This Resolution takes effect from the date on which it is signed and until the end of the APEC Summit in 2027. Regulations on delegation stated in clause 3 and clause 4, Article 1 of this Resolution are allowed to be applied until the end of the project. During the implementation , if regulations of law are changed,  resulting in facilitation in investment procedures, the new ones shall apply.

Article 5. Ministers, Heads of ministerial authorities, Heads of Governmental authorities, Chairperson of the People's Committee of Kien Giang province shall be responsible for implementing this Resolution.