Circular No. 09/2020/TT-BGTVT Amending and supplementing certain Articles of Circular No. 19/2017/TT-BGTVT dated June 6, 2017 of the Minister of Transport on management and ensuring air traffic operations

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006, and the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated November 21, 2014;

Pursuant to Decree No. 12/2017/ND-CP dated February 10, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 125/2015/ND-CP dated December 4, 2015 of the Government detailing regulations on flight activity management;

Pursuant to the proposal of the Director of the Transport Department and the Director of the Civil Aviation Authority of Vietnam;

The Minister of Transport bhereby issues the Circular amending and supplementing certain provisions of Circular No. 19/2017/TT-BGTVT dated June 6, 2017 on flight activity management and assurance.

Article 1.Amend and supplement some đArticles of Circular No.19/2017/TT-BGTVT dated June 6, 2017 of the Minister of Transport on flight activity management and assurance.

1. Market management agencies at all levels include: the Department of Domestic Market Management and Development under the Ministry of Industry and Trade; the Market Management Business Unit under the Department of Domestic Market Management and Development; the Market Management Sub-department under the Department of Industry and Trade of provinces and centrally-administered cities; and the Market Management Team under the Market Management Sub-department.

"Article 2. Scope of Application

1. This Circular applies to organizations and individuals related to air traffic management activities, air traffic assurance activities in Vietnam and within the airspace controlled by Vietnam.

2. This Circular shall not apply to organizations and individuals related to flight activity management outside airways and special flight activities.

2. Amend and supplement Clause 46, Clause 47, Clause 63, Clause 64, and add Clause 75 of Article 3 as follows:

a) Amending and supplementing Clause 46 of Article 3 as follows:

"46. METAR (Routine aerodrome meteorological report): Routine weather report issued from the airport."

b) Amending and supplementing Clause 47 of Article 3 as follows:

"47. MET REPORT (Local routine aerodrome meteorological report): Local routine weather report issued within the airport area."

c) Amend and supplement Clause 63 of Article 3 as follows:

"63. SPECI (Special aerodrome meteorological report): Special weather report issued from the airport."

d) Amend and supplement Clause 64 of Article 3 as follows:

"64. SPECIAL (Local special aerodrome meteorological report): Special weather report issued within the airport area."

đ) Adding Clause 75 of Article 3 as follows:

"75. PAPI (Precision approach path indicator): System for indicating the precise glide path."

3. Amend and supplement Clause 13, Clause 29, Clause 38, Clause 52, and Clause 87; and add Clause 99 of Article 4 as follows:

a) Amend and supplement Clause 13 of Article 4 as follows:

"13. Data set is a recognizable collection of data."

b) Amend Clause 29 of Article 4 as follows:

"29. Airport control service is the air traffic control service provided for activities at the airport."

c) Amend Clause 38 of Article 4 as follows:

"38. Airport control tower is the air traffic control facility providing air traffic control services for activities at the airport."

d) Amending and supplementing Clause 52 of Article 4 as follows:

"52. Airport activities include all activities on the airport movement area and all flight activities within the airport airspace."

d) Amend and supplement Clause 87 of Article 4 as follows:

"87. Aviation information product is aviation data and information provided in standardized digital form or paper or electronic form, including:

a) AIP (AIP amendments and AIP supplements);

b) AIC;

c) Aeronautical charts;

d) NOTAM;

e) Digital data sets."

e) Add Clause 99 of Article 4 as follows:

"99. ICAO Annex means an annex to the Convention on International Civil Aviation of 1944."

4. Amend Clause 3 of Article 11 as follows:

"3. In addition to the provisions of Clause 2 of this Article, the flight crew must comply with one of the following rules:

a) Visual Flight Rules (VFR);

b) IFR."

5. Amend and supplement Clause 1 of Article 17 as follows:

"1. Air traffic personnel includes:

a) Airport, approach, and en route air traffic controllers;

b) Flight procedure officers;

c) Flight notification and coordination officers;

d) ATFM officers;

đ) Signalers;

e) Shortwave radio communication staff (HF A/G);

g) Air traffic control shift leaders (at positions detailed in Appendix XI attached hereto);

h) Flight planning procedure support staff;

i) Air traffic control trainers, ATFM trainers."

 

6. Amend and supplement Clause 2 and Clause 5 of Article 24 as follows:

a) Amend and supplement Clause 2 of Article 24 as follows:

"2. The minimum safe altitude for flying along airways is calculated relative to the highest point of terrain and artificial obstacles within a 25-kilometer protection zone on either side of the ATS route centerline, as follows:

a) At least 300 meters above flatland, midland, and water surfaces;

b) At least 600 meters above mountainous areas."

b) Amend and supplement Clause 5 of Article 24 as follows:

"5. For two navigation aids placed no more than 09 kilometers apart, the minimum safe altitude for each sector is the higher value of the two altitudes."

          7. Amend Article 47 as follows:

"Article 47. CDetails regarding air traffic control services, flight notifications, alerts, communication assurance, and information provision to ATS facilities, of individuals registered in accordance with the law continues to be updated into the information contact and provide information to the ATS facility

          Details regarding air traffic control services, flight notifications, alerts, communication assurance, and information provision to ATS facilities shall be carried out in accordance with Annex 11 of the ICAO on ATS."

          8. Amend Clause 2 of Article 48 as follows:

"2. AIS includes the following services:

a) NOTAM;

b) AIS airport;

c) AIP."

          9. Amend Clause 1 of Article 49 as follows:

"1. AIS facilities include:

a) NOTAM office;

b) Airport AIS facility;

c) AIP Room."

          10. Amend and supplement Clause 1 and Clause 2 of Article 50 as follows:

                 a) Amend and supplement Clause 1 of Article 50 as follows:

          “1. AIS staff includes:

          a) Airport AIS staff;

          b) NOTAM staff;

          c) AIP staff;

          d) NOTAM shift leader;

          đ) Airport AIS shift leader;

         e) Staff for operation and maintenance of automatic AIS/AIM systems.

          g) AIS trainer.”

                 b) Amend and supplement Clause 2 of Article 50 as follows:

          “2. The AIS staff specified in points a, b, c, d, đ, and e of Clause 1 of this Article when performing AIS provision tasks must have valid licenses and qualifications. Air navigation service providers must ensure sufficient AIS staff with valid licenses and qualifications that match their positions.”

          11. Amend and supplement Article 55 as follows:

          "Article 55. Content of aviation data and aviation information; including computer-based multiple choice tests, confirmation aviation data and aviation information:

          1. The content of aviation data and aviation information includes:

          a) Procedures and legal regulations;

          b) Airports and heliports;

          c) Airspaces;

          d) ATS routes;

          đ) Instrument flight procedures;

          e) Radio navigation aids systems and equipment;

          g) Obstacles;

          h) Terrain;

          i) Geographical information.

          2. Digital data sets include:

          a) AIP data set;

          b) Terrain data set;

          c) Obstacle data set;

          d) Airport mapping data set;

          đ) Instrument flight procedure data set.

          3. Data error detection

          Digital data error detection techniques must be used by AIS facilities during the transmission, storage of aviation data, and digital data sets.

          4. Checking and confirming aviation data and aviation information

          a) Documents used as the basis for compiling and issuing aviation information products must be carefully reviewed by relevant agencies and units responsible for providing aviation information and data before being sent to AIS facilities to ensure completeness and accuracy.

          b) AIS facilities must establish checking and confirmation procedures to ensure users receive aviation information and data meeting quality requirements for accuracy, resolution, integrity, traceability, timeliness, completeness, and data format.”

         12. Amend and supplement Clause 12 and Clause 20 of Article 60 as follows:

         a) Amend and supplement Clause 12 of Article 60 as follows:

         "12. The appearance of hazards affecting flight operations including: obstacles, military exercises, aerobatic flights, sports flying, fireworks, lantern releases, large-scale parachute jumps outside announced areas; plans for laser emission, laser projection, and searchlight operations if night vision of pilots may be impaired."

         b) Amend and supplement Clause 20 of Article 60 as follows:

         “20. Monitoring or forecasting weather phenomena in space, occurrence date and time, flight levels and airspace sections potentially affected.”

          13. Amend and supplement Point a and Point b of Clause 2 of Article 62 as follows:

          “a) Military activities outside prohibited, dangerous, and restricted airspace areas published in the Vietnamese AIP;"

          “b) Activities within prohibited, dangerous, and restricted airspace areas not complying with regulations published in the Vietnamese AIP;"

14. Amend and supplement Article 65 as follows:

          "Article 65. NOTAM Repeated

When the AIS entity issues an AIP amendment booklet or an AIP supplementary booklet according to the AIRAC cycle, it must issue a repeated NOTAM summarizing the content, effective date, and number of the AIP amendment booklet or the AIP supplementary booklet according to the AIRAC cycle.

15. Amend and supplement Clause 3 of Article 66 as follows:

"3. Detailed regulations on AIP shall be implemented in accordance with Annex 15 of ICAO on AIS."

16. Supplement Clause 3 and Clause 4 of Article 68 as follows:

"3. Agencies and units must strictly comply with the provision of aviation data and information, draft, and issue the Vietnam AIP supplementary booklet according to the AIRAC cycle for cases specified in Article 70.

4. In urgent situations or for contents not prescribed to be issued according to the AIRAC cycle, the issuance of the AIP supplementary booklet shall be applied as follows:

a) Agencies and units must send relevant documents related to the content to be published to the Civil Aviation Administration of Vietnam at least 28 days before the information becomes effective;

b) The AIS entity drafts a regular AIP supplementary booklet for the AIS service provider to submit to the Civil Aviation Administration of Vietnam for issuance at least 14 days before the information becomes effective."

17. Amend and supplement Article 70 as follows:

          “Article 70. Cases of issuing information according to the AIRAC cycle and provisions on issuing information according to the AIRAC cycleIRAC

1. Cases of issuing information according to the AIRAC cycle

Issuing information according to the AIRAC cycle shall be carried out in the following cases: establishment, cancellation, or significant changes regarding:

a) Limits, methods of operation of FIRs, control zones, and controlled airspace; advisory airspace; ATS routes; no-fly, danger, restricted flight, and ADIZ areas; areas, routes, or parts of routes and routes with potential intercept flights;

b) Positions, frequencies, names, known anomalies, maintenance cycles of radio navigation systems and communication surveillance equipment;

c) Holding patterns, approach procedures, SID, STAR, noise reduction procedures, and other air traffic control procedures;

d) Transition altitudes, transition levels, minimum en route altitudes by zone;

đ) Meteorological equipment, methods of operation;

e) Runways and taxiway segments, aprons;

g) Airport operational plans in the operational area (including airport operations under low visibility conditions);

h) Approach lights, runway edge lights;

i) Minimum operating standards of the airport for takeoff and landing.

2. Detailed regulations on information issued according to the AIRAC cycle shall be implemented in accordance with Annex 15 of ICAO on AIS."

18. Amend and supplement the name of Section 7 and Article 75 as follows:

a) Amend the name of Section 7 as follows:

"Section 7. AIRPORT AVIATION INFORMATION SERVICE."

b) Amend and supplement Article 75 as follows:

"Article 75. Provision of Airport Information Service

1. The airport AIS facility is responsible for providing airport AIS.

2. The establishment of the airport AIS facility depends on factors such as the number, type, and range of operations of aircraft arriving at and departing from the airport.

3. The airport AIS facility must be located in a convenient position with signage to facilitate crew having sufficient time to complete pre-flight and post-flight procedures.

4. The airport AIS entity must establish and maintain regular contact with representatives of related airlines to prepare and provide pre-flight information consistent with user requirements."

5. The airport AIS facility is responsible for the quality and timeliness of aviation information when using an automatic AIS provision system."

19. Amend and supplement Clause 2 of Article 76 as follows:

"2. PIB shall be drafted, printed, and provided to the flight crew, airline dispatchers, or flight planning assistants three hours before the scheduled departure time for international flights and two hours before the scheduled departure time for domestic flights."

20. Amend and supplement Clause 1 and Clause 3 of Article 77 as follows:

a) Amend and supplement Clause 1 of Article 77 as follows:

"1. PIB shall be made in two copies (paper or electronic form): one copy given to the flight crew, airline dispatchers, or flight planning assistants and one copy retained."

b) Amend and supplement Clause 3 of Article 77 as follows:

"3. Flight crews, airline dispatchers, or flight planning assistants must ensure that the briefing on PIB content meets technical equipment system requirements. During the briefing, if clarification or detailed information is required, flight crews, airline dispatchers, or flight planning assistants shall request assistance from airport AIS staff."

21. Amend and supplement Article 78 as follows:

"Article 78. Updating PIB

1. When the airport AIS entity completes the PIB, it must monitor newly received NOTAMs and update them immediately into the PIB if these NOTAMs are directly related to the flight."

2. In case the flight crew has received the Pre-flight Information Bulletin (PIB), if there are important sudden information related to the flight, immediately notify the flight crew of the contents of such information through the air traffic control base, airline dispatchers, or relevant flight planning procedures assistants, or directly update the flight crew on the aircraft under conditions where the system, automatic equipment, and network meet operational requirements."

22. Amend and supplement Clause 2 of Article 79 as follows:

"2. In case the flight crew wishes to report post-flight information in writing, the airport AIS facility shall guide the flight crew to implement it."

23. Amend Article 80 as follows:

Article 80. Handling Post-Flight Information

1. Upon receiving post-flight reports from the flight crew or aircraft operators in writing or by phone regarding information not yet published in NOTAMs, supplements to AIP, AIC, or AIP that may affect flight operations, the airport AIS facility must immediately notify relevant agencies and units for inspection and handling.

2. In cases where post-flight reports from the flight crew or aircraft operators are confirmed to be accurate, the airport AIS facility must:

a) Immediately notify relevant ATS facilities to warn or directly warn other flight crews;

b) Draft a NOTAM proposal to send to the NOTAM office;

c) Immediately notify the relevant facilities concerning the said information.

3. In cases where post-flight reports from the flight crew or aircraft operators are confirmed to be inaccurate, the airport AIS facility must inform the flight crew or representatives of the aircraft operators who made the post-flight report of this fact."

24. Amend and supplement Clause 1 of Article 81 as follows:

"1. The receipt and transmission of aviation information shall be conducted through the automatic AIS/AIM system, semi-automatic NOTAM system, AFTN or AMHS, fax, postal service, and recorded telephone calls within the air traffic control system when immediate notification is required in emergencies, followed by confirmation in writing or by email."

25. Amend and supplement Article 82 as follows:

"Article 82. Details on AIS

Details on AIS shall be implemented according to Annex 15 of the ICAO on AIS."

26. Amend and supplement Point a of Clause 2 of Article 95 as follows:

"a) Immediately notify the directly related air traffic control base about the abnormal status of CNS services; in this case, immediately after the aircraft lands, the aircraft commander must notify the airport AIS facility according to the provisions of Chapter IV of this Circular;"

27. Amend and supplement Clause 1 of Article 97 as follows:

"1. The trial operation of CNS systems and equipment must meet technical requirements stipulated in Annex 10 of the International Civil Aviation Organization (ICAO) on aviation telecommunications."

28. Amend and supplement Clause 1 and Clause 2 of Article 103 as follows:

a) Amend and supplement Clause 1 of Article 103 as follows:

"1. CNS personnel include:

a) Operators and maintainers of CNS systems and equipment;

b) CNS shift leaders;

c) CNS trainers."

b) Amend Clause 2 of Article 103 as follows:

"2. CNS personnel specified in Points a and b of Clause 1 of this Article must have valid licenses and qualifications when performing their duties."

29. Amend and supplement Article 110 as follows:

"Article 110. CDetails on CNS

          Details on CNS shall be implemented according to Annex 10 of ICAO on Air Navigation Services.

          30. Amend and supplement Article 120 as follows:

          "Article 120. Trend Weather Forecast for Landing)

          1. The meteorological service at the airport shall coordinate with the weather observation station at the airport to establish and issue the Trend for airports within its responsibility area.

          2. The weather observation station at the airport shall be responsible for coordinating with the meteorological service at the airport mentioned in Clause 1 of this Article to ensure the quality of the Trend forecast information.

          3. The Trend shall be reported together with the airport weather observation bulletin and shall be valid for two hours from the time of reporting the bulletin. Detailed provisions regarding the Trend shall be carried out according to Annex 3 of ICAO on Meteorology.

          31. Amend and supplement Article 121 as follows:

          "Article 121. Weather Forecast for Takeoff

          1. The meteorological service at the airport shall prepare and provide the weather forecast for aircraft takeoff from airports within its responsibility area according to the agreement between the meteorological service at the airport and the aircraft operator.

          2. The weather observation station at the airport shall coordinate with the meteorological service at the airport mentioned in Clause 1 of this Article to receive and provide the flight crew, airline dispatchers, or flight planning assistants with the requested information.

         32. Amend and supplement Clause 3; abolish Clause 4 of Article 132 as follows:

         a) Amend and supplement Clause 3 of Article 132 as follows:

“3. Procedures for providing and receiving weather information for flights shall be carried out between aviation meteorological staff and members of the flight crew, airline dispatchers, or flight planning assistants.”

          b) Abolish Clause 4 of Article 132.

          33. Amend and supplement Clause 1 of Article 133 as follows:

"1. To prepare necessary meteorological data for each flight, the flight procedures office notifies the MET facility at the airport of detailed flight plan information:

a) For regular flights: notify the seasonal flight schedule; if there are changes to the plan, notify at least 12 hours before the scheduled departure time;

b) For non-scheduled flights: notify the flight plan immediately upon receipt thereof.

          34. Amend and supplement Point d Clause 1; Clause 2; Points b, c Clause 3 and Clause 4 of Article 134 as follows:

          a) Amend and supplement Point d Clause 1 of Article 134 as follows:

          “d) Notify SIGMET, volcanic ash cloud warning, storm or tropical depression affecting the entire flight route.”

          b) Amend and supplement Clause 2 of Article 134 as follows:

          “2. Provide meteorological files

          a) For international flights, the meteorological files shall be prepared and provided to the flight crew, airline dispatchers, or flight planning assistants at least three hours before the scheduled departure time;

          b) For domestic flights, the meteorological files shall be prepared and provided to the flight crew, airline dispatchers, or flight planning assistants at least two hours before the scheduled departure time;

          c) In case the flight crew, airline dispatchers, or flight planning assistants need to receive weather information for one or more specific flights earlier than the above times, they must notify the relevant MET office at least twelve hours before the scheduled departure time.”

          c) Amend and supplement Points b and c Clause 3 of Article 134 as follows:

          “b) If the flight crew has received the meteorological files but the flight is delayed more than three hours compared to the original schedule, the flight crew, airline dispatchers, or flight planning assistants must reapply for meteorological services to update the latest information;

         c) If the flight crew has completed the application for meteorological services but the aircraft has not yet departed, if new information different from the previously provided information is received, the meteorological staff on duty will promptly inform the flight crew through the airport control tower, airline dispatchers, or flight planning assistants.”

         d) Amend and supplement Clause 4 of Article 134 as follows:

          “4. Meteorological files must be stored in printed form or PDF format for at least thirty days from the date of issuance. This information will be provided upon request for investigation purposes and will be retained until the investigation is completed.”

          35. Amend and supplement Clause 1 of Article 140 as follows:

          “1. The Civil Aviation Authority of Vietnam shall inspect and supervise the provision of aviation meteorological services by enterprises providing and using such services; the use of aviation meteorological services by flight crews, airline dispatchers, or flight planning assistants.”

          36. Amend and supplement Article 142 as follows:

"Article 142. Details on aviation meteorology

Details on aviation meteorology shall be implemented according to Annex 3 of ICAO on aviation meteorology."

          37. Amend and supplement Clause 2 and Clause 3 of Article 155 as follows:

“2. Exercise of search and rescue mechanisms for civil aviation operations

a) Annually, the enterprise providing air search and rescue services shall plan and organize the implementation to check and operate the advisory, command, coordination, and joint search and rescue mechanisms for simulated scenarios where aircraft are in distress within their responsibility area, in collaboration with other relevant agencies and units.

          b) The funding for this type of drill shall be self-funded by the unit from its annual training budget.

3. Air Search and Rescue Drills

          a) Every two years, the Civil Aviation Administration of Vietnam shall cooperate with the enterprise providing air search and rescue services to plan and organize the implementation to check and operate the advisory, command, coordination, and joint mechanisms, as well as mobilize forces and means for search and rescue in simulated scenarios where aircraft are in distress within Vietnam's search and rescue responsibility area.

b) The funding for this type of drill includes the state budget and the portion of funding provided by airlines for their own equipment and personnel participating in the drill, excluding fuel costs and allowances for participating forces in joint training, final rehearsal, and full-scale drill.

          38. Amend and supplement Article 165 as follows:

"Article 165. Details on Air Search and Rescue

          Details on air search and rescue shall be carried out according to Annex 12 of ICAO on Search and Rescue."

          39. Amend and supplement Point k Clause 1 Article 170 as follows:

“k) Drafting proposals for CDM agreements along flight routes; proposing amendments and supplements to CDM agreements to meet actual needs and requirements.”

40. Amend and supplement Clause 3 Article 190 as follows:

“3. Traditional flight procedures must be periodically reviewed and evaluated every five years from the date they become effective. The Civil Aviation Administration of Vietnam may decide to conduct unscheduled reviews and evaluations based on operational needs.”

41. Amend and supplement Article 193 as follows:

"Article 193. Situations Requiring Flight Evaluations Using Equipment and Evaluation Flight Cycles

1. Traditional flight procedures and newly developed or modified PBN procedures must be flight evaluated:

a) New equipment approach procedures before being put into operation;

b) Equipment approach procedures adjusted with changes in design standards;

c) New SID, STAR in complex terrain areas determined by the Civil Aviation Administration of Vietnam.

2. Currently applied PBN procedures must be flight evaluated periodically with the following cycles:

a) Approach procedures: every two years;

b) SID, STAR in complex terrain areas: every three years;

c) Other SID, STAR: once every five years.”

42. Amend and supplement Article 220 as follows:

"Article 220. Details on Aeronautical Maps and Diagrams

Details on aviation maps and charts shall be implemented according to Annex 4 of ICAO on aviation charts."

43. Amend and supplement Clause 2 Article 230 as follows:

          “2. Special approach procedures must be evaluated on a simulation training system.”

          44. Amend and supplement Clause 1 Article 263 as follows:

          “1. Safety supervisors under the Civil Aviation Administration of Vietnam and Airport Supervision Units shall be issued supervisor cards by the Civil Aviation Administration of Vietnam to perform duties in one or more specific areas including:

a) Flight Operations Management (AN);

b) ATM;

c) CNS;

d) Aviation Meteorology (MET);

đ) Aeronautical Information Service (AIS);

e) Air Rescue (SAR);

g) Flight Procedures (PANS-OPS);

h) Aeronautical Maps and Diagrams (MAP/CHART); aviation data.”

          45. Amend and supplement Article 268 as follows:

          "Article 268. Navigation Systems and Equipment, Surveillance must undergo regular flight checks and calibration

          Navigation systems and equipment for flight checks and periodic calibration include: VOR, NDB, GP, LLZ, radio beacon stations (Marker beacons), DME, airport signal light systems, GBAS, PSR system, SSR system, ADS-B system.”

          46. Amend and supplement Clause 1 and Clause 2 of Article 269 as follows:

          “1. Navigation systems and equipment for acceptance flight checks and calibration include:

          a) VOR;

          b) NDB;

          c) GP;

          d) LLZ;

          đ) Radio beacon stations (Marker beacons);

          e) DME;

          g) Airport signal light systems;

          h) GBAS;

i) PSR system;

          k) SSR system;

          l) ADS-B system.

2. Navigation systems and equipment for re-acceptance flight checks and calibration after antenna replacement or major repairs related to antenna emissions, with a formal conclusion that the relevant system or equipment was the cause of an aircraft accident. Flight checks and calibrations shall be carried out in accordance with ICAO guidance on flight checks and calibrations.”

          47. Amend and supplement Article 278 as follows:

          "Article 278. Periodic Flight Check and Calibration Time for Navigation Systems and Equipment

          Navigation systems and equipment must undergo periodic flight checks and calibration as follows:

          1. ILS (CAT.1, 2), GBAS (CAT.1, 2): every six months;

          2. NDB, VOR, airport signal light systems: once a year;

          3. DME, PAPI: periodically corresponding to the ILS, VOR equipment installed together;

          4. PSR, SSR, ADS-B: once a year to check special surveillance codes, every three years to evaluate coverage and quality of the system and equipment.”

  48. Amend and supplement Article 279 as follows:

  "Article 279. Adjustment of Periodic Flight Check and Calibration Time for Navigation Systems and Equipment

In case the VOR/DME, NDB navigation systems have four consecutive periodic flight checks and calibrations without the need for transmitter adjustments, tolerance remains within allowable limits, and there is good correlation between ground test data and flight check and calibration data, the Civil Aviation Authority of Vietnam may consider extending the periodic flight check and calibration time by twelve months.”

          49. Supplement Clause 3 of Article 297 as follows:

          “3. Periodic flight checks and calibrations are conducted to assess the actual quality and coverage of PSR/SSR systems serving air traffic control operations.”

          50. Amend and supplement Point b Clause 3 and Point b Clause 4 of Article 336 as follows:

          a) Amend and supplement Point b Clause 3 of Article 336 as follows:

          “b) There is a completion acceptance record for the project put into use;”

          b) Amend and supplement Point b Clause 4 of Article 336 as follows:

          “b) There is a completion acceptance record for the project put into use;”

         51. Amend Point a Clause 1; supplement Point d and Point đ Clause 2; amend and supplement Point c, Point d Clause 3 and Point d Clause 4 of Article 339 as follows:

         a) Amend Point a Clause 1 of Article 339 as follows:

          "a) Must be a Vietnamese citizen aged 21 or older, without criminal records or currently serving a criminal sentence or being pursued for criminal responsibility; for air traffic management personnel, they must have at least five years of experience in air traffic control, coordination, or flight notification, or have graduated from a university or college specializing in air traffic management or aviation operations;"

         b) Supplement Point d and Point đ into Clause 2 of Article 339 as follows:

          “d) Other training instructors (excluding aircraft signaling instructors) must have an English proficiency level of TOEIC 550 or equivalent, or English level 3 from 2021 onwards.

          đ) The English proficiency certificate for air traffic service personnel is valid for three years for levels 3 and 4, six years for level 5, and has no expiration date for level 6.”

c) Amend and supplement Point c and Point d Clause 3 of Article 339 as follows:

         “c) Six months for flight procedure staff (except for cases where flight procedure staff already have air traffic controller trainee positions, applying two months for domestic airports); flight notification and coordination staff; CNS staff (excluding staff mentioned in this point d); AIS staff (except for cases where AIS staff already have air traffic controller trainee positions, applying three months for domestic airports); map, diagram, and aviation data staff; coordination and rescue staff;

d) Three months for air traffic control signal operators, flight planning procedure assistance personnel, CNS staff (operating the AFTN/AMHS network; operating and maintaining shortwave radio equipment without ground stations (HF A/G), very high frequency radio equipment without ground stations (VHF A/G), voice switching systems (VCCS), recording devices, NDB systems, airport lighting and signage systems, ADS-B systems) and automatic AIS/AIM system operation and maintenance staff.

d) Amend and supplement Point d Clause 4 Article 339 as follows:

d) English proficiency shall be implemented in accordance with Point a and Point d Clause 2 of this Article.

52. Amend and supplement Clause 2 and Clause 3 Article 341 as follows:

a) Amend and supplement Clause 2 Article 341 as follows:

2. Within twenty days from the date of receipt of complete files, the Civil Aviation Authority of Vietnam shall review the files, organize inspections, and issue licenses and qualifications to aviation support personnel; in cases where a license or qualification is not issued, the Civil Aviation Authority of Vietnam must send a written response to the requesting organization detailing the reasons.

In cases where the files are incomplete, within five working days from the date of receipt of the files, the Civil Aviation Authority of Vietnam shall guide the requesting organization to complete the files in accordance with regulations.

b) Amend and supplement Clause 3 Article 341 as follows:

3. The validity period of the license for aviation personnel is seven years from the date of issuance according to Model Number 03 stipulated in Appendix IX promulgated together with this Circular. The validity periods of qualifications for aviation personnel are as follows:

a) Twenty-four months for CNS staff (excluding flight checkers, calibrators; flight evaluators using equipment); flight notification and coordination staff; automatic AIS/AIM system operation and maintenance staff; air search and rescue coordination staff; flight planning procedure assistance staff; air traffic control instructors, ATFM instructors;

b) Twelve months for other aviation support personnel.

53. Amend and supplement Clause 4 Article 342 as follows:

4. For reissued licenses and qualifications due to expiration: within fifteen working days from the date of receipt of the files, the Civil Aviation Authority of Vietnam shall review the files, organize inspections, and reissue licenses and qualifications to aviation support personnel; in cases where a license or qualification is not reissued, the Civil Aviation Authority of Vietnam must send a written response to the requesting organization detailing the reasons.

In cases where the files are incomplete, within three working days from the date of receipt of the files, the Civil Aviation Authority of Vietnam shall guide the requesting enterprise to complete the files in accordance with regulations.

54. Amend and supplement Section 7.2, Section 8.1, and Section 8.5 of Appendix I as follows:

a) Amend Section 7.2 of Appendix I as follows:

7.2. Fill out the air traffic control flight plan:

The air traffic control flight plan must be filled out completely from the first section to the last section of the flight plan;

b) Amend Section 8.1 of Appendix I as follows:

8.1. The flight crew, dispatchers of airlines, or flight planning procedure assistance staff must submit relevant data related to a flight or part of a planned flight to the relevant ATS facility.

 

a part of the planned flight to the ATS facility related.

c) Amend and supplement Section 8.5 of Appendix I as follows:

8.5. Aircraft operators implementing remote flight plan submission procedures must meet infrastructure, equipment, software creation and processing of air traffic control flight plans, ensure manpower and training, operational guidance materials, contact addresses, and information security for civilian flights except for special aircraft departures from Vietnamese airports. The Civil Aviation Authority of Vietnam will provide detailed guidance on the implementation of remote flight plan submission procedures suitable for the actual operational conditions of Vietnamese airlines to ensure flight safety and efficiency.

Replace Model Number 03 in Appendix IX promulgated together with Circular No. 19/2017/TT-BGTVT dated June 6, 2017 with Model Number 1 of the Appendix promulgated together with this Circular.

Replace Appendix X promulgated together with Circular No. 19/2017/TT-BGTVT dated June 6, 2017 with Model Number 2 of the Appendix promulgated together with this Circular.

Replace Appendix XI promulgated together with Circular No. 19/2017/TT-BGTVT dated June 6, 2017 with Model Number 3 of the Appendix promulgated together with this Circular.

Article 2. Effective Date

This Circular takes effect from June 15, 2020.

Article 3. Responsibility for Implementation

The Head of the Ministry’s Office, the Inspector General of the Ministry, the Directors of the Departments, the Director of the Civil Aviation Administration of Vietnam, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.