Decision No. 02/2004/QD-BGTVT On Issuing the Civil Air Transport Charter Aircraft Regulation

Pursuant to …;

Regarding the issuance of the Civil Air Transport Aircraft Charter Regulations

_________________________

 

THE MINISTER OF TRANSPORTATION

Based on the Civil Aviation Law of Vietnam in 1991 and the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam in 1995;

Pursuant to Decree No. 34/2003/ND-CP dated April 4, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decision No. 267/2003/QĐ-TTg dated December 19, 2003 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the Civil Aviation Administration of Vietnam;

At the proposal of the Director of the Civil Aviation Administration of Vietnam,

Pursuant to …;:

Article 1: The Civil Air Transport Aircraft Charter Regulations are hereby promulgated along with this Decision.

Article 2: This Decision shall take effect fifteen days after its publication in the Official Gazette. Decisions No. 2485/1998/QĐ-CHK dated September 1, 1998, issued by the Director of the Civil Aviation Administration of Vietnam on temporary regulations for ensuring aircraft charters in the civil aviation sector, and Decision No. 25/2000/QĐ-CHK dated September 7, 2000, issued by the Director of the Civil Aviation Administration of Vietnam on amending and supplementing certain contents of the temporary regulations for ensuring aircraft charters in the civil aviation sector, are hereby repealed.

Article 3: The Heads of the Ministry's Office, Department Heads under the Ministry, the Head of the Ministry's Inspectorate, the Director of the Civil Aviation Administration of Vietnam, and the Heads of relevant agencies and units are responsible for implementing this Decision./.

 

REGULATIONS

CIVIL AIR TRANSPORT AIRCRAFT CHARTER

(Issued together with Decision No. 02/2004/QĐ-BGTVT dated February 23, 2004)

of the Ministry of Transport)

__________________

 

Chapter 1:

GENERAL PROVISIONS

Article 1: Scope of regulation and applicable subjects

1. These regulations stipulate the standards for aircraft charters, methods of charter assignment and implementation of domestic and foreign aircraft charters in the Vietnamese civil aviation sector.

2. These regulations apply to organizations and individuals in Vietnam and foreign organizations and individuals related to the implementation of aircraft charters in the Vietnamese civil aviation sector.

Article 2: Definitions

In this Regulation, the following terms shall be understood as follows:

1. An aircraft charter flight is a flight of Vietnam or a foreign country used exclusively or combined with commercial transport, confirmed or notified by the competent authority according to regulations serving aircraft charters.

2. A foreign aircraft charter is an aircraft charter flight organized and implemented by a foreign country flying to, from, or over Vietnamese territory.

3. A Vietnamese aircraft charter is an aircraft charter flight organized and implemented by Vietnamese air transport enterprises within and outside Vietnamese territory.

4. The competent authority refers to Party, State, Government, and National Assembly authorities of Vietnam that have the authority to determine and assign tasks to ensure aircraft charters for the civil aviation sector.

5. Aircraft charter cargo refers to goods specified by the competent authority to be transported according to these regulations.

6. Aircraft charter passengers refer to leaders of the Party, State, National Assembly, and Government of Vietnam and individuals specified by the competent authority to be served according to these regulations.

Article 3: Principles for Ensuring Aircraft Charters

Aircraft charter flights are ensured according to the following principles:

1. Adherence to general and supplementary standards and requirements applicable to aircraft, aircraft engines, pilots, and directly participating cabin crew for Vietnamese aircraft charters and technical personnel accompanying the aircraft for Vietnamese aircraft charters;

2. Adherence to general and supplementary standards and requirements applicable to air traffic controllers directly managing aircraft charter flights; equipment and personnel participating in serving aircraft charter flights;

3. Adherence to procedures for assigning aircraft charter tasks, preparation, practice, and management of aircraft charter flights;

4. Adherence to requirements for serving aircraft charter passengers, transporting aircraft charter cargo, and other related requirements of the competent authority;

5. Ensuring the ceremonial reception and farewell procedures for aircraft charter passengers as prescribed by the competent authority;

6. Adherence to requirements and regulations for ensuring security and safety for aircraft charter flights;

7. Ensuring confidentiality as prescribed by law.

Chapter 2:

STANDARDS FOR AIRCRAFT CHARTERS

Article 4: Registered aircraft performing Vietnamese aircraft charter duties

1. Aircraft designed specifically for aircraft charter duties are operated and maintained according to the standards and requirements of the manufacturer for such aircraft.

2. Commercial aircraft performing Vietnamese aircraft charter duties, in addition to complying with the general standards of the manufacturer, must also meet the following additional standards:

a) Belonging to a type of aircraft with two or more engines;

b) Having been used not more than two-thirds of the lifespan as defined by the manufacturer regarding age limit, hours flown, or number of takeoffs and landings as specified in the Appendix to these regulations;

c) Having a clear operational and maintenance history without repeated failures whose causes have not been identified;

d) Having a configuration capable of meeting diplomatic ceremony requirements when necessary;

đ) Having a rest area or comfortable seating for aircraft charter passengers during flights lasting four hours or longer;

e) Having means of communication with the ground available to aircraft charter passengers throughout the flight.

Article 5: Registered foreign aircraft performing Vietnamese aircraft charter duties

Foreign registered aircraft performing Vietnamese aircraft charter duties, in addition to meeting the standards prescribed in Article 4 of these regulations, must also meet the following additional conditions:

1. Such aircraft are leased and operated by Vietnamese air transport enterprises;

2. The Vietnamese air transport enterprise leasing and operating the aircraft must submit a written request to the Civil Aviation Administration of Vietnam to use the aircraft for Vietnamese aircraft charter duties;

3. Permission to perform Vietnamese aircraft charter duties is granted in writing by the Director of the Civil Aviation Administration of Vietnam.

Article 6: Engines installed on Vietnamese aircraft charters

1. Engines installed on aircraft designed specifically for aircraft charter duties are operated and maintained according to the standards and requirements of the aircraft manufacturer.

2. Engines installed on commercial aircraft performing Vietnamese aircraft charter duties, in addition to complying with the general standards of the manufacturer, must also meet the following additional standards:

a) Having been used not more than ninety percent of the lifespan specified for engine parts and components with a defined lifespan;

b) Having a clear operational and maintenance history without repeated failures of engine parts and components whose causes have not been identified;

c) Being permitted in writing by the General Director of the Vietnamese air transport enterprise for the engine to perform aircraft charter duties.

Article 7: Pilots of Vietnamese aircraft charters

1. Pilots of Vietnamese aircraft charters, in addition to meeting the general standards required of pilots, must also meet the following additional standards:

a) Hold Vietnamese nationality;

b) Have accumulated a total flight time of 2,000 (two thousand) hours or more;

c) Have accumulated flight time on the type of aircraft for special mission, in the permitted pilot position, of 300 (three hundred) hours or more;

d) Possess good moral character, work style, sense of responsibility, and organizational discipline awareness, with a clear record;

đ) During the course of their flying career, have not committed any violations that threaten safety at the level of reprimand or higher;

2. Only when it is impossible to arrange a pilot with Vietnamese nationality shall a pilot with foreign nationality be used to perform the special mission aircraft task. A foreign pilot participating in the special mission aircraft flight must meet the following conditions:

a) The pilot is hired by a Vietnamese air transport enterprise;

b) The Vietnamese air transport enterprise must submit a written request to the Civil Aviation Administration of Vietnam to use that foreign pilot to perform the special mission aircraft task and ensure that the pilot has the necessary professional competence, sense of responsibility, and organizational discipline awareness to complete the special mission aircraft task;

c) Meet the pilot standards specified in points b, c, đ of Clause 1 of this Article;

d) Perform the special mission aircraft task together with a Vietnamese pilot;

đ) Be authorized in writing by the Director of the Civil Aviation Administration of Vietnam to perform the special mission aircraft task;

Article 8: Cabin crew serving on Vietnamese special mission aircraft

Cabin crew serving on Vietnamese special mission aircraft, in addition to meeting the general standards set forth for cabin crew in aviation regulations, must also meet the following additional standards:

1. Hold Vietnamese nationality;

2. Have accumulated a total of 300 (three hundred) hours or more of cabin crew service time;

3. Have accumulated a total of 100 (one hundred) hours or more of cabin crew service time on the type of aircraft performing the special mission;

4. Possess good moral character, work style, sense of responsibility, and organizational discipline awareness, with a clear record;

5. Not have committed any violations at the level of "reprimand" or higher within one year prior to the selection date for special mission aircraft service;

Article 9: Technical personnel accompanying special mission aircraft

Technical personnel accompanying special mission aircraft, in addition to meeting the general standards set forth for technical personnel in aviation regulations, must also meet the following additional standards:

1. Hold a flight authorization certificate (CRS) level B or higher for the type of aircraft they accompany and serve;

2. Possess good moral character, work style, sense of responsibility, and organizational discipline awareness, with a clear record;

3. Not have committed any violations at the level of "reprimand" regarding professional matters or higher within six months prior to the selection date for special mission aircraft service;

Article 10: Air traffic controller

Air traffic controllers directly managing special mission aircraft flights, in addition to meeting the general standards set forth for air traffic controllers, must also meet the following additional standards:

1. Hold Vietnamese nationality;

2. Have the professional expertise and experience in handling emergency situations during flight management;

3. Have at least five years of direct air traffic control experience at air traffic control agencies;

4. Possess good moral character, work style, sense of responsibility, and organizational discipline awareness, with a clear record;

5. Not have committed any violations during their air traffic control career that threaten flight safety;

Article 11: Issuance, renewal, revocation, suspension of special mission aircraft duties

The Director of the Civil Aviation Administration of Vietnam, based on the results of inspections of compliance with the standards and requirements stipulated in this Regulation, decides on the issuance, renewal, revocation, or suspension of the performance of special mission aircraft duties;

Article 12: Management of the Special Mission Aircraft Fleet, Engine List, and Crew Lists

1. The Civil Aviation Administration of Vietnam establishes and manages the Special Mission Aircraft Fleet and Crew Lists of pilots, air traffic controllers, cabin crew, and technical personnel accompanying special mission aircraft who are authorized to perform special mission aircraft duties;

2. Vietnamese air transport enterprises establish and manage the engine list installed on Vietnamese special mission aircraft;

Chapter 3:

RESPONSIBILITY FOR ENSURING SPECIAL MISSION AIRCRAFT

Article 13: Vietnam Civil Aviation Administration

The Civil Aviation Administration of Vietnam is the central point for receiving special mission aircraft tasks from competent authorities and is responsible for:

1. Fully, comprehensively, and promptly implementing special mission aircraft tasks to relevant agencies and units within the industry;

2. Commanding and promptly addressing any abnormal situations during the implementation of special mission aircraft tasks;

3. Reporting the implementation status of special mission aircraft tasks to competent authorities and the Ministry of Transport;

Article 14: Regional Airport Complex

The General Director of the Regional Airport Complex is the central point for receiving special mission aircraft tasks from the Civil Aviation Administration of Vietnam and is responsible for:

1. Organizing, monitoring, and directing the implementation of special mission aircraft tasks at subordinate airports where special mission aircraft take off, land, and stand by;

2. Maintaining a thorough understanding of the implementation status of special mission aircraft tasks in the region and regularly reporting all developments to the Civil Aviation Administration of Vietnam;

3. Issuing plans for ensuring and serving special mission aircraft flights at subordinate airports;

Article 15: Airport

The Director of the airport where special mission aircraft take off and land is responsible for:

1. Coordinating the security assurance for special mission aircraft, special mission passengers, and luggage of the special mission passenger group within the airport area;

2. Allocating a separate parking area and arranging security guards to protect the special mission aircraft and coordinating the guarding of the special mission aircraft;

3. Creating favorable conditions for all service and preparation activities for the special mission aircraft to ensure its departure and arrival schedule;

4. Coordinating the organization of appropriate welcoming and farewell ceremonies suitable for the nature of the special mission aircraft task, as required by competent authorities;

Article 16: Vietnamese Air Transport Enterprise

The Director of the Vietnamese Air Transport Enterprise is responsible for:

1. Developing a special mission aircraft service plan including: identifying the aircraft to perform the special mission, flight route, list of countries requesting permission to fly through, arrive at, entry points, exit points of countries, details related to operation and technical assurance, and reporting to the Director of the Civil Aviation Administration of Vietnam.

2. Apply for permission for flights of Vietnamese special aircraft in accordance with the provisions of Government Decree No. 25/2000/NĐ-CP dated August 1, 2000 on the management of civil aviation activities in Vietnam;

3. Take the lead in coordinating to ensure safety, security, and flight schedules for Vietnamese special aircraft throughout the mission execution process;

4. Specify the aircraft configuration, service procedures, seating positions, and passenger selection when serving both special and regular passengers, and organize the implementation thereof;

5. Take the lead in coordinating to provide meticulous, safe services to special passengers in accordance with the requirements of authorized agencies. Lead in guiding and maintaining order on board the special aircraft when it carries attendants and other individuals flying alongside the special passengers;

6. Coordinate to ensure safety and security for goods, luggage, documents, and property of the special passenger delegation.

Article 17: Civil Aviation Air Traffic Management Center

The General Director of the Civil Aviation Air Traffic Management Center shall be responsible for:

1. Ensuring smooth communication between the Vietnam Civil Aviation Administration and units involved in managing special aircraft flights;

2. Coordinating smoothly the command and control of flights with the military air traffic control agency;

3. Coordinating the implementation of regulations regarding restrictions on operations at international airports or closure of local airports;

4. Taking the lead in coordinating to maintain separation between special aircraft and other aircraft, flight corridors, and communication methods during the management of special aircraft flights;

5. Ensuring the continuous operation of air traffic control equipment throughout the management of special aircraft flights;

6. Being ready to handle abnormal flight situations.

Chapter 4:

HANDOVER OF SPECIAL MISSIONS

Article 18: Handover of special missions

1. Upon receiving special missions from authorized agencies, the Director of the Vietnam Civil Aviation Administration organizes the assignment of tasks for the implementation of Vietnamese and foreign special aircraft to:

a) Vietnamese air transport enterprises;

b) Related airport clusters;

c) Civil Aviation Air Traffic Management Center.

2. The Vietnam Civil Aviation Administration issues permits and clearly states this in the flight permit, notifying the special mission for flights of foreign special aircraft transiting Vietnam to:

a) Civil Aviation Air Traffic Management Center;

b) Related airport clusters.

3. The content of special missions is managed under confidentiality rules.

Article 19: TIME LIMIT FOR ASSIGNING SPECIAL MISSIONS

1. The time limit for assigning special missions is stipulated as follows:

a) For flights of Vietnamese special aircraft;

i) Domestic special aircraft: at least 24 hours before the scheduled takeoff and landing time;

ii) International special aircraft: at least 15 days before the scheduled departure date.

b) For flights of foreign special aircraft departing from or arriving in Vietnam: at least 48 hours before the scheduled takeoff and landing time.

c) For flights of foreign special aircraft transiting Vietnam: at least 72 hours before entering Vietnam's airspace notification area.

2. The Director of the Vietnam Civil Aviation Administration promptly informs relevant agencies and units about the suspension or change of takeoff and landing times, and transit times for special aircraft flights.

Article 20: RECORDING AND STORING THE IMPLEMENTATION OF SPECIAL MISSIONS

Each agency and unit participating in the implementation of special missions must record and store all details of the handover, preparation, deployment, implementation of special missions, and handling of incidents in accordance with state storage regulations.

Chapter 5:

PREPARATION FOR SERVING SPECIAL FLIGHTS

Article 21: Parking of special aircraft

1. Aircraft preparing for special missions are arranged to park separately, at least 50 meters away from other aircraft on the apron throughout the preparation and waiting period, except in special cases using tunnels.

2. Only those directly preparing the special aircraft, holding Special Service Cards, are permitted to enter and exit the special aircraft protection zone.

3. The apron area for special aircraft must be fully secured with barriers, lighting, protective walkways surrounding it, and other necessary conditions.

Article 22: Special Service Card

1. Airports issue Special Service Cards to individuals directly preparing the special aircraft, inspecting, supervising, and recovering the cards after completing their tasks.

2. The issuance and recovery of Special Service Cards are recorded in the Airport's Special Service Logbook with contents including: name of the person issued, workplace, task performed, card number used, issuance time, card recovery time, signature of the issuer, and signature of the card user.

3. The format of the Special Service Card is uniformly issued by the Vietnam Civil Aviation Administration.

Article 23: Technical Preparation of Special Aircraft

1. Pre-flight preparations for special aircraft include routine pre-flight preparations and ground engine run-up tests if conditions permit.

2. Technical preparation of special aircraft must be completed at least one hour before the scheduled takeoff time. This regulation does not apply to charter flights or special passengers traveling with regular passengers.

Article 24: Preparation Work of the Special Aircraft Crew

1. Before executing the mission, the crew must thoroughly study the flight mission, unify the method of implementing the mission within the team, review emergency situation handling procedures, and understand the characteristics of communication and navigation aids, weather conditions along the route, destination airports, and alternate airports.

2. The crew must have at least six hours of rest before performing the special aircraft mission.

Article 25: Fuel for Vietnamese Special Aircraft

1. The fuel of special aircraft, including remaining fuel on board and additional refueling, must be quality-checked within ten days prior to the aircraft's takeoff for the mission.

2. Remaining fuel that does not meet requirements must be removed from the aircraft. Fuel tanks must be cleaned before refueling. The entire process of inspection, handling, and refueling is the responsibility of the air transport enterprise.

3. Refueling of special aircraft can only be carried out when the following conditions are met:

a) There is a suitable quality check certificate for that batch of fuel;

b) The presence of the Head of the Aircraft Preparation Technical Team, representatives of the Airport, and representatives of the fueling unit for the special aircraft must be present.

4. Fuel for the special aircraft and on the last fuel truck loaded onto the special aircraft must be kept separately until the special aircraft safely lands at the next airport within 48 hours.

5. Each sample of fuel stored must have a minimum volume of 01 liter and must be preserved in a container made of material that does not alter the characteristics of the fuel and sealed according to regulations. On each sample, the following information must be clearly marked: aircraft number being fueled, fuel truck number, sampling time, sampler's name, sealing date, sealer's name.

6. Quality inspection certificates and special aircraft fuel samples must be kept between the fueling airport and the fueling unit.

Article 26: Technical approval for aircraft performing special aircraft duties

In addition to the specific regulations regarding permission to fly, the Director of Vietnam Air Transport Enterprise, or the authorized representative, must sign to confirm the technical preparation results of the aircraft in the Special Aircraft Flight Preparation Logbook.

Article 27: Special Aircraft Flight Preparation Logbook

1. Vietnam Air Transport Enterprise must have its own Special Aircraft Flight Preparation Logbook.

2. The content recorded in the Special Aircraft Flight Preparation Logbook is similar to the content of the regular flight preparation logbook but in the section confirming the qualification to perform special aircraft duties, it includes the signature of the authorized representative of the Vietnam Air Transport Enterprise.

3. The pages of the Special Aircraft Flight Preparation Logbook include the number of copies as stipulated by the Vietnam Air Transport Enterprise and an additional copy for the Vietnam Civil Aviation Administration to keep.

Article 28: Preparing air traffic control for special aircraft flights

1. The Civil Aviation Management Center of Vietnam shall undertake the technical preparation, assignment of air traffic controllers, operational methods for special aircraft flights, notification, and coordination with domestic and foreign airspace management agencies for international flights, and preparation of contingency plans.

2. Prepare air traffic control equipment based on the hot standby principle.

3. All air traffic control preparations, notifications, and coordination for air traffic control, and granting permission for international flights must be completed before the special aircraft takes off, lands, or passes through.

4. The air traffic control preparation scenarios and the list of air traffic controllers participating in the special aircraft flight control are registered in the Special Aircraft Service Logbook of the Civil Aviation Management Center of Vietnam and the Special Aircraft Service Logbook of units directly responsible for controlling the special aircraft.

Article 29: Ensuring security for special aircraft flights

1. For Vietnamese special aircraft flights:

a) The airport organizes guarding and monitoring of the aircraft from the time it prepares for special aircraft duties until takeoff;

b) The airport coordinates with the Security Command - Ministry of Public Security to implement security checks for passengers and luggage of the special aircraft delegation;

c) Vietnam Air Transport Enterprise coordinates with the Security Command - Ministry of Public Security to ensure security for the special aircraft, special aircraft passengers, cargo, and luggage of the special aircraft delegation abroad.

2. For foreign special aircraft flights entering, exiting, or passing through Vietnamese territory: The airport coordinates with relevant agencies of the Ministry of Foreign Affairs and the Ministry of Public Security to enhance security for foreign special aircraft and passengers when requested by the foreign side.

Article 30: Chartering compartments, purchasing seats for special aircraft

For special aircraft flights chartering compartments or special aircraft passengers purchasing seats alongside regular passengers, Vietnam Air Transport Enterprise is responsible for implementing the following supplementary regulations:

1. Lead and coordinate with related agencies and units to effectively reduce risks of compromising the security and safety of special aircraft passengers;

2. Board regular passengers onto the aircraft first and then invite special aircraft passengers to board, and disembark special aircraft passengers before regular passengers.

Article 31: Ensuring security for meals served to special aircraft passengers

Vietnam Air Transport Enterprise is responsible for specifying and organizing the implementation of measures to strengthen security for meals served to special aircraft passengers.

Chapter 6:

PRACTICING SPECIAL AIRCRAFT FLIGHTS

Article 32: Receiving and seeing off special aircraft passengers

1. The Vietnam Civil Aviation Administration organizes the reception and farewell of special aircraft passengers at the airport.

2. Vietnam Air Transport Enterprise leads and coordinates to organize the reception and escort of special aircraft passengers on and off the aircraft, ensuring requirements of seriousness, respect, convenience, and safety.

Article 33: Limiting operations, closing airports when there are special aircraft activities and priority landing rights for special aircraft

1. When a special aircraft takes off or lands at an international airport in Vietnam, the operation of that international airport must be limited and dedicated areas on the surface of that international airport must be reserved for the special aircraft and special aircraft passengers. The limitation period before and after the scheduled takeoff or landing time of the special aircraft is 10 minutes, specifically:

a) For arriving special aircraft:

(i) Reserve the runway, taxiway, aircraft parking area, and VIP lounge area for the special aircraft;

(ii) If the special aircraft has landed and entered the designated parking area, reserve this area, adjacent areas as needed, and the route from the special aircraft parking area to the VIP lounge for the special aircraft. Other areas include the runway and taxiway (if they do not affect the reserved areas) and may resume normal operations.

b) For departing special aircraft:

(i) Reserve the VIP lounge, parking area, taxiway, and runway for the special aircraft flight.

(ii) In the case where the VIP aircraft has taxied to the main taxiway for departure from the runway, the areas of the VIP lounge, parking lots, and other taxiways may resume normal operations. After the VIP aircraft takes off, the main taxiway may resume normal operations. Ten minutes after takeoff, the runway may resume normal operations.

2. When a VIP aircraft takes off at a local Vietnamese airport, such airport must be closed. The closure period shall be fifteen minutes before and after the scheduled time of the VIP aircraft's takeoff or landing.

3. The International NOTAM Room (NOF) - Contracting Center - Command and Control Center under the Civil Aviation Management Center is responsible for issuing NOTAMs regarding restrictions on operations at international airports and the closure of local airports when there is VIP flight activity. The content issued shall include that flights may be delayed due to VIP flight activities.

4. In the event that the actual takeoff or landing time of the VIP flight differs from the planned schedule, the following procedures shall apply:

a) For arrivals: The Director of the Regional Air Traffic Management Center shall notify the Director of the relevant airport of the revised estimated arrival time to adjust operational restrictions or airport closures.

b) For departures: The Director of the airport shall notify the Director of the relevant Regional Air Traffic Management Center of the revised departure time to coordinate air traffic separation within the region.

c) If the time difference exceeds fifteen minutes: the air traffic control authority at the airport shall draft a revised NOTAM, immediately submit it to the NOF room for review, and promptly issue the revised NOTAM.

5. In cases where multiple types of aircraft operate simultaneously at an airport, priority order shall be implemented according to the Rules on Flight, Management, and Air Traffic Control in the airspace of the Socialist Republic of Vietnam promulgated together with Decision No. 232/1998/QĐ-BQP dated February 27, 1998, of the Minister of National Defense, specifically as follows:

a) On takeoff: The VIP aircraft has the right to take off after combat aircraft, joint training exercise aircraft, and search and rescue aircraft.

b) On landing: The VIP aircraft has the right to land after emergency landing aircraft and aircraft with remaining fuel sufficient for less than the required flying time.

6. Detailed provisions on restricted operation zones, dedicated zones, and airport closures are set forth in the Airport's VIP Flight Assurance and Service Plan.

Article 34: Air Traffic Separation Between VIP Aircraft and Other Aircraft

1. Within the airport control area:

a) Takeoff-to-takeoff separation: Apply a ten-minute separation between the VIP aircraft and another aircraft taking off from the same runway of the airport.

b) Landing-to-landing separation: Apply a ten-minute separation between the VIP aircraft and another aircraft landing from the same runway of the airport.

c) Takeoff-to-landing separation: Apply a ten-minute separation between the VIP aircraft taking off and another aircraft landing, or between the VIP aircraft landing and another aircraft taking off from the same runway of the airport.

2. Within the approach control area:

a) Air traffic separation between the VIP aircraft and other aircraft within the approach control area must apply at least one of the following two types of separation:

(i) Vertical separation;

(ii) Radar separation.

b) The minimum separation value between the VIP aircraft and other aircraft within the approach control area shall be applied as follows:

(i) For vertical separation: 600 meters (2000 feet);

(ii) For radar separation: 10 nautical miles.

c) Within the approach control area, the practice of overtaking the VIP aircraft along the same route or track is not allowed.

3. Within the en-route control area:

a) Air traffic separation between the VIP aircraft and other aircraft must apply at least one of the following three types of separation:

(i) Vertical separation;

(ii) Radar separation.

(iii) Time-based separation.

b) The minimum separation value between the VIP aircraft and other aircraft within the en-route control area shall be applied as follows:

(i) For vertical separation: 600 meters (2000 feet);

(ii) For radar separation: 20 nautical miles.

(iii) For time-based separation: thirty minutes. However, for aircraft equipped with and holding valid RNAV/RNP certification, the standard separation can be reduced to twenty minutes.

c) Maximum limitations on changes in altitude, heading, and speed of the VIP aircraft. Under no circumstances shall the practice of overtaking the VIP aircraft from ahead be permitted.

Article 35: Reporting and Handling Incidents

In the event of technical, security, meteorological incidents, or other incidents affecting the execution of VIP missions, the heads of related agencies and units shall promptly report all relevant information accurately and comprehensively to the Civil Aviation Administration of Vietnam for unified handling and resolution plans; if beyond their authority, the Director of the Civil Aviation Administration of Vietnam shall report to the Ministry of Transport and the competent authority for timely handling.

Chapter 7:

IMPLEMENTATION

Article 36: Ensuring Compliance with Standards

1. The Civil Aviation Administration of Vietnam is responsible for organizing regular or spot checks on compliance with standards and requirements for executing VIP missions as stipulated in this Regulation.

2. The Director of the Civil Aviation Administration of Vietnam may suspend or revoke the right to execute VIP missions for aircraft, engines, and individuals involved when safety for the VIP flight is deemed compromised. In exceptional cases where permission must be temporarily granted to entities that do not fully meet certain standards and requirements specified in this Regulation, the head of the entity managing the relevant subject must report in writing to the Director of the Civil Aviation Administration of Vietnam for consideration and decision to allow execution of the VIP mission on a case-by-case basis.

3. Vietnamese air transport enterprises, the Civil Aviation Management Center, and related units shall regularly inspect and review to ensure that aircraft, engines, pilots, cabin crew, air traffic controllers, and technical personnel meet the standards for executing VIP missions.

Article 37: Implementation of the Regulation

1. Pursuant to the provisions of this Regulation, the Director of the Civil Aviation Authority of Vietnam and the Heads of related agencies and units shall establish internal procedures to implement in detail the contents ensuring the special aircraft within their respective agencies and units.

2. In addition to the entities required to comply with the standards set forth in Chapter 2 of this Regulation, agencies and units in the aviation sector have the responsibility to assign staff members who possess adequate professional qualifications, demonstrate a sense of responsibility, ethical conduct, good health, and strong organizational discipline to serve the special aircraft flight.

3. Upon receiving the special aircraft mission, the Heads of related agencies and units in the aviation sector shall be responsible for organizing the implementation of the special aircraft mission in accordance with their assigned duties and responsibilities promptly, comprehensively, safely, and within the specified timeframe./.