The Ministry of Transport of Vietnam ("MOT") recently released a draft of the new decree on the management and operation of airports and airfields in Vietnam ("Draft Decree") to replace Decree No. 102 ("Decree No. 102").1 The Draft Decree provides for, among other things, new regulations on investment and construction of airport infrastructure projects.
In the context of the global shift from government ownership and operation to private control in the airport and aviation infrastructure sector, and increasing demands to promote private sector investments at airports in Vietnam, the Draft Decree proposes new mechanisms to facilitate new opportunities for private investment at airports in Vietnam.
However, there are legal issues that will need to be considered in relation to airport concessions in Vietnam depending on the legal and contractual frameworks involved, whether under public-private partnership ("PPP") or private investment structures on a project-by-project basis.