In the context of deepening global integration, the aviation sector has become one of the most globalized industries, requiring a high level of harmonization between national legal systems and international legal standards. Compliance with international legal regulations in air transport is not only a legal obligation stemming from Vietnam’s membership in international treaties but also a fundamental prerequisite for aviation enterprises to operate lawfully, safely, and sustainably within a globally competitive environment.

Against this backdrop, identifying international legal obligations, establishing internal compliance systems, and ensuring operational consistency with legal requirements are strategic imperatives for Vietnamese aviation enterprises. This article aims to provide a detailed legal analysis of the international legal framework governing air transport operations, while offering practical legal guidance for air transport operators in Vietnam to effectively implement compliance measures, thereby ensuring legal integrity, enhancing competitiveness, and mitigating legal risks in cross-border business activities.

For a broader legal context, please also refer to the Comprehensive Guide to Vietnam’s Civil Aviation Law 2025.

1. ICAO Standards and Recommended Practices (SARPs)

Core Obligations under ICAO

The International Civil Aviation Organization (ICAO), a specialized agency of the United Nations, plays a pivotal role in developing and coordinating the global legal framework for civil aviation. As an official member since 1980, Vietnam is legally bound to comply with the Standards and Recommended Practices (SARPs) promulgated by ICAO, currently codified in 19 Annexes to the 1944 Chicago Convention—the foundational treaty governing international civil aviation.

SARPs serve as authoritative international legal norms, establishing a harmonized legal framework for global civil aviation. In order to comply with international law, aviation operators in Vietnam must prioritize the following legal obligations:

• Flight safety and air traffic management are detailed in Annex 6 (Operation of Aircraft) and Annex 11 (Air Traffic Services).
• Environmental standards and emissions control: outlined in Annex 16 (Environmental Protection), covering aircraft noise, engine emissions, and greenhouse gases;
• Training, licensing, and certification of aviation personnel are governed by Annex 1 (Personnel Licensing).
• Aviation security and unlawful interference prevention are prescribed in Annex 17 (Security), including controls on passengers, cargo, and restricted airport areas.

Compliance with these Annexes is not only a legal obligation under international law but also a crucial criterion for safe, efficient, and globally recognized flight operations.

Implementation Guidance

Establish and Maintain a Safety Management System (SMS) in accordance with Annex 19

Operators must establish a Safety Management System (SMS) as mandated by Annex 19 issued by ICAO. Under the Vietnamese Civil Aviation Law 2006 (amended in 2023), Article 5(1) and Article 8(9) set forth obligations regarding aviation safety and risk management.

Conduct Regular Risk Assessments

In line with Annex 19, operators are required to periodically assess operational risks, systematically update evaluations in response to changes in procedures, equipment, or work environments, and utilize findings to make informed management decisions that enhance safety.

Maintain and Archive Professional Documentation

Operators must ensure timely updates, secure storage, and traceable access to all technical documentation, operational records, incident reports, and safety-related materials, as mandated by Annex 6, Annex 19, and Appendix I of the Aviation Security Program under Circular No. 42/2023.

Continuous Training and Competency Assessment

Regular competency assessments must be conducted through examinations, practical tests, and performance evaluations to ensure that personnel meet job requirements and can handle unexpected scenarios. Annexes 1 and 19 provide standards on personnel qualifications, training, and evaluation.

2. Bilateral Air Services Agreements (BASAs)

Legal Framework

Bilateral Air Services Agreements (BASAs) between Vietnam and other countries serve as legal instruments regulating air transport rights between contracting states, in accordance with the Chicago Convention and Vietnam’s Civil Aviation Law (amended 2023).

Core Provisions

• Traffic rights, routes, and destinations: BASAs specify granted freedoms (air traffic rights), designated routes, airport entry/exit points, and operational conditions. For example, the Bilateral Air Transport Agreement between Vietnam and the Republic of Seychelles.
• Capacity and frequency: Determination of flight frequencies, seat capacities, and cargo payload allowances during a specific timeframe.
• Fare and tax regulations: BASAs govern the level of pricing autonomy and tax obligations between the parties based on the Chicago Convention.
• Safety, security, and insurance obligations: ICAO Annex 6 outlines mandatory security measures to protect aviation against unlawful interference. Partner countries may require carriers to comply with ICAO standards and maintain appropriate civil liability insurance coverage.

3. Air Traffic Rights and Freedoms of the Air

In international civil aviation law, traffic rights and the “freedoms of the air” are fundamental legal concepts derived from the principle of national airspace sovereignty and governed by international treaties, most notably the 1944 Chicago Convention. These freedoms range from the right to overfly a foreign country (First Freedom) to the right to carry domestic passengers within another country (Ninth Freedom).

First Freedom: Sovereignty over Airspace and Overflight Limitations

According to Article 1 of the Chicago Convention: “Every state has complete and exclusive sovereignty over the airspace above its territory.” Therefore, any overflight or landing activity within a sovereign state requires prior consent through bilateral or multilateral agreements.

Summary of Freedoms of the Air

• Second Freedom: Technical landings (e.g., for refueling) without commercial purposes.
• Third Freedom: Right to carry passengers/cargo from home country to another state.
• Fourth Freedom: Right to carry passengers/cargo from another state back to home country.
• Fifth Freedom: Right to carry passengers/cargo between two foreign states if the service originates or ends in the carrier’s home country.

Extended Freedoms (Sixth to Ninth)

• Sixth Freedom: Transport between two foreign countries via the airline’s home country.
• Seventh Freedom: Right to operate flights between two foreign countries without passing through the home country.
• Eighth Freedom (Consecutive Cabotage): Domestic transport within a foreign country as part of an international flight.
• Ninth Freedom (Stand-alone Cabotage): Domestic flights within another country entirely as a foreign carrier—rarely permitted.

Compliance with Aviation Safety Standards

1. International Air Transport Business License

Airlines operating international routes must obtain an International Air Transport Business License from the Ministry of Transport of Vietnam via the Civil Aviation Authority, as regulated under the amended 2023 Civil Aviation Law and Decree No. 89/2019/ND-CP.

2. Compliance with ICAO SARPs

As an ICAO member, Vietnam and its airlines must comply with SARPs under the Annexes to the Chicago Convention 1944, including

• Annex 6: Safe operation, maintenance, and technical personnel requirements;
• Annex 17: Aviation security against unlawful interference;
• Annex 19: Establishment of internal SMS systems.

Additionally, operators must comply with partner countries’ regulations on immigration, data protection, health quarantine, and environmental policies.

Non-compliance may result in denial of traffic rights, suspension of operations, or loss of international certifications such as IOSA (IATA Operational Safety Audit).

3. Periodic Reporting Obligations

Airlines must periodically report to competent authorities. This enables legal risk assessment, compliance verification, and operational transparency.

Legal basis: Annex 6 provisions on maintaining operational records and safety reports; Article 64(4) of the 2023 amended Civil Aviation Law, requiring periodic and ad hoc reports to the Civil Aviation Authority of Vietnam.

4. Fulfillment of Insurance and Financial Requirements

Meeting all insurance and financial requirements is a legal obligation and essential condition for lawful and stable operations in international air transport.

For more, refer to Aviation Safety Standards: Mandatory Requirements for Enterprises.

4. Implementation Guidelines for Compliance Procedures

Basic Steps

Legal Status Assessment

The initial step is to conduct a comprehensive legal compliance assessment of the organization. This includes reviewing operational processes, organizational structure, licenses, documentation, and relevant air transport activities to evaluate compliance with applicable international (ICAO Annexes) and domestic legal provisions (Vietnamese Civil Aviation Law and relevant circulars). Identified gaps or risks should form the basis for corrective action planning.

Compliance Planning

Based on the legal review, the organization should formulate a detailed compliance plan addressing

• Budget: Estimated costs for training, legal consultation, process adjustments, and compliance technologies;
• Timeline: Clear milestones for implementation stages, allowing flexibility for regulatory updates;
• Human Resources: Task assignments and selection of personnel responsible for compliance activities;
• Processes: Development or revision of internal procedures, forms, and manuals aligned with legal requirements.

Implementation of Compliance Measures

Once the plan is approved, organizations must implement practical measures. A dedicated legal-compliance unit should be established to oversee compliance activities, advise management on legal risks, liaise with regulatory authorities, and coordinate across departments. External legal consultants may be engaged for specialized evaluations or technical support.

Periodic Monitoring and Evaluation

Compliance systems must function as ongoing control mechanisms. Engaging independent auditors can offer objective evaluations, especially for enterprises within global supply chains or seeking international certifications (e.g., IOSA). Regular monitoring not only sustains compliance but also enhances legal credibility and adaptability.

5. Common Challenges and Legal Solutions

Conclusion

Air transport is a highly specialized sector that is strictly regulated by both international and domestic legal systems to ensure safety, security, and operational efficiency. Full compliance with international regulations—especially the ICAO Annexes such as Annex 19 on Safety Management—is not only a legal obligation for member states of the 1944 Chicago Convention, but also a necessary condition to ensure the legitimacy and international recognition of civil aviation activities.

Proper and thorough implementation of requirements from ICAO, bilateral agreements, and national legal frameworks will help enterprises

• Minimize legal and financial risks
• Enhance international operational capabilities
• Build brand credibility in the global market

Therefore, each enterprise should establish a professional, flexible, and continuously updated compliance system to adapt to the evolving landscape of global aviation integration.

Related articles to help you better understand the aviation sector:

• Regulations on Investment and Business in Vietnam’s Aviation Industry
  

Conditions and Licensing Procedures for Air Transport Business in Vietnam

Harley Miller Law Firm

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