Decision No. 10/2008/QD-BGTVT Issuing Civil Aviation Safety Regulations

Pursuant to …;

ISSUING REGULATIONS ON CIVIL AVIATION SAFETY

______________________ 

MINISTER OF TRANSPORTATION

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Annexes 1, 6, and 8 of the Convention on International Civil Aviation signed at Chicago on December 7, 1944, to which Vietnam is a party;

Pursuant to Doc 9734 - Guidance Material on Safety Oversight, and Doc 8335 - Guidance Material on Airworthiness Certification and Surveillance Processes of the International Civil Aviation Organization (ICAO);

stipulating on air cargo transportation and common aviation activities (hereinafter referred to as Circular No. 81/2014/TT-BGTVT dated December 30, 2014), Circular No. 14/2015/TT-BGTVT dated April 27, 2015 issued by the Minister of Transport

Pursuant to …;:

Article 1. The attached Decision promulgates the "Civil Aviation Safety Regulations."

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Heads of the Ministry's Office, the Inspectorate, the Departments, the Director of the Civil Aviation Administration of Vietnam, and the Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Decision./.

 

REGULATIONS

Civil aviation safety

(Issued along with Decision No. 10/2008/QD-BGTVT dated 13 the 06 2008

of the Ministry of Transport)

_______________

 

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. These regulations stipulate the airworthiness standards, aircraft operation standards, professional qualifications of aviation personnel in the areas of aircraft operation, maintenance, and repair, medical facilities for health assessment of aviation personnel.

Article 2. These regulations apply to organizations and individuals involved in the design, production, testing of aircraft, equipment installed on aircraft, standard materials, expendable materials for aircraft maintenance and repair work, aircraft operation and maintenance, training and education, and health assessment of aviation personnel.

Article 3. The scope of application of each Chapter in these regulations is specified accordingly in that Chapter.

Article 2. Explanation of terms

In these regulations, the following terms are understood as follows:

1. "Type Certificate Data Sheet" is a part of the type certificate that clearly states the conditions and limitations necessary to meet the airworthiness standards applicable to that type of aircraft; provides an accurate definition of the configuration of the aircraft product approved by that type certificate; includes the following essential information: engine type (manufacturer's name, type certificate number of the engine, number of engines installed on the aircraft); types of fuel that can be used; propellers and their limits; rotor speed (for helicopters); maximum transmitted torque (for helicopters); maximum flight speed; center of gravity range; empty weight center of gravity range; reference points, means for checking and balancing the aircraft; maximum takeoff weight; minimum crew size; number of seats; maximum cargo weight; maximum fuel quantity; maximum lubricating oil quantity; maximum operating altitude; control surface movements; serial number; certification and manufacturing bases for the aircraft product.

2. "Airworthiness Directive" is a requirement for maintenance, inspection, or modification of an aircraft or its components that must be carried out to prevent flight safety incidents issued by the state of registry of the aircraft or recognized similar requirements issued by the aviation authority of the design or manufacturing state.

3. "Operational Directive" is a requirement for operational procedures and operational guidance material that the operator of the aircraft must follow to ensure safe operations issued by the state of registry or the state of operation of the aircraft or recognized similar requirements issued by the aviation authority of the design or manufacturing state.

4. "Acceptance of Validity" is a document issued by the Civil Aviation Administration of Vietnam accepting certificates, licenses, approvals, designations, or permits issued or granted by another ICAO member state, including those with equivalent or lesser authority.

5. "Chicago Convention" is the Convention on International Civil Aviation signed at Chicago on December 7, 1944.

6. "Type Certificate" is a certificate for a type of aircraft, including the type design, operational limits, type certificate data sheet, airworthiness standards, and all other conditions or limitations applicable to that type of aircraft.

7. "ICAO" is the International Civil Aviation Organization established under the Chicago Convention.

8. "Exemption" is a document issued by the Civil Aviation Administration of Vietnam allowing the non-compliance with one or more requirements or criteria set forth in these regulations when it is deemed that such exemption ensures aviation safety.

9. "Waiver" is a document issued by the Civil Aviation Administration of Vietnam allowing an individual, aircraft, or organization to be exempted from applying one or more requirements of these regulations when it is deemed that such waiver can maintain an equivalent level of safety for public interest and ensure aviation safety.

10. "Exception" is a document issued by the Civil Aviation Administration of Vietnam allowing a group of people, aircraft, or type of operation to be exempted from applying one or more requirements of these regulations when it is deemed that such requirement is not suitable for that group and such exemption is appropriate for public interest and ensures aviation safety.

11. "Approval" is the process of evaluating, permitting, using, or applying technical requirements related to airworthiness standards and aircraft operation that require prior approval through the issuance of licenses, certificates, certificates of approval, permits, endorsements, or other documents by the Civil Aviation Administration of Vietnam.

a) "License" is a document issued by the Civil Aviation Administration of Vietnam granting an individual the right to perform specific tasks, with specific rights and limitations on performing those tasks.

b) "Permit" is a document issued by the Civil Aviation Administration of Vietnam granting certain rights to an organization or individual related to airworthiness standards and aircraft operation.

c) "Certificate" is a document issued by the Civil Aviation Administration of Vietnam granting an organization the right to carry out specific activities, with specific rights and limitations on carrying out those activities.

d) "Endorsement" is a document issued by the Civil Aviation Administration of Vietnam accompanying licenses, certificates, or similar documents, indicating specific conditions, rights, or limitations of those licenses and certificates.

12. "In accordance with the type certificate" is the condition where the aircraft and equipment installed on the aircraft are completely consistent with the drawings, operational features, and data sheets of the type certificate of that aircraft, including any additional type certificates and changes, improvements approved by the Civil Aviation Authority of Vietnam for application on that aircraft during operation.

13. "Operational Suitability Status" is the condition of the aircraft meeting the requirements for issuance of an airworthiness certificate, including:

a) Conformity with the type certificate approved or recognized by the Civil Aviation Authority of Vietnam for that type of aircraft;

b) The aircraft being in a state ensuring safe operation.

14. "Operational Suitability Standards" are standards issued or recognized by the Civil Aviation Authority of Vietnam as a basis for technical calculations and design, including types of materials used and manufacturing methods, for each category of aircraft, ensuring safe operation of that category of aircraft.

15. "Type Design" is the type design of the aircraft, including:

a) Drawings and operational features according to the list aimed at determining the configuration and design characteristics of the aircraft product to demonstrate compliance of the aircraft product with applicable operational suitability standards;

b) Information about size, material, and necessary processes used to determine the structural strength of the aircraft product;

c) Guidance on maintaining the operational suitability status of the aircraft product according to the applicable operational suitability standards for that product.

16. "State Ensuring Safe Operation" is the state of the aircraft when it meets the following requirements:

a) Being maintained in accordance with the maintenance program approved by the Civil Aviation Authority of Vietnam, including maintenance work and inspections aimed at detecting and preventing corrosion (CPCP) and degradation of structure, systems, and other equipment installed on the aircraft;

b) Fully implementing operational suitability directives, operational directives, and other mandatory maintenance and inspection tasks issued or recognized by the Civil Aviation Authority of Vietnam;

c) Repairing malfunctions of aircraft systems and structures affecting the safe operation of the aircraft in accordance with approved maintenance manuals;

d) Implementing technical notifications, improvements, or configuration changes on the aircraft in accordance with procedures approved by the Civil Aviation Authority of Vietnam;

đ) Safety equipment installed on the aircraft must be in good condition and ready for operation suitable for the type of aircraft operation.

17. "Delegation" is a document issued by the Civil Aviation Authority of Vietnam authorizing an individual to act on behalf of the Civil Aviation Authority of Vietnam to perform actions and duties clearly specified in the document.

Article 3. Responsibilities of the Civil Aviation Authority of Vietnam

1. The Civil Aviation Authority of Vietnam is the aviation regulatory body responsible for overseeing aviation safety, with specific responsibilities as follows:

a) Organizing the aviation safety management system; inspecting, auditing, and supervising aviation safety assurance;

b) Establishing or hiring organizations, recruiting or hiring qualified technical staff with sufficient capacity to conduct inspections, evaluations, and provide recommendations related to licensing, issuing certificates, performing oversight functions, and ensuring aviation safety;

c) Directly implementing and applying decisions, resolutions, standards, recommended practices, and guidelines of international aviation organizations of which Vietnam is a member;

d) Issuing guidance documents, professional requirements, and basic standards to implement and apply the provisions of this Regulation.

2. The Civil Aviation Authority of Vietnam appoints aviation safety inspectors who have the authority to perform oversight and ensure aviation safety functions. Aviation safety inspectors must be issued an aviation safety inspector card by the Civil Aviation Authority of Vietnam to carry out their duties. Individuals holding an aviation safety inspector card must meet the following conditions regarding qualifications and experience:

a) Flight Inspection Field:

(i) Having at least 5 years of experience in one of the following positions: operational management, pilot, flight mechanic, or flight instructor;

(ii) Being a pilot with accumulated flying experience of not less than 5000 hours in the captain position;

(iii) For tasks of approving flight instructors or pilots (Airman Certification Tasks), must hold a valid ATP/CHPL pilot license for the appropriate aircraft type;

(iv) For surveillance tasks, must hold a valid or expired within 3 years ATP/CHPL pilot license; for airline surveillance tasks, must hold a valid or expired within 3 years ATP/CHPL pilot license for the appropriate aircraft type of the operator;

(v) Having been trained on relevant safety policies related to inspection, supervision, and approval activities in the field of aircraft operation;

(vi) Having knowledge and experience in aviation meteorology;

(vii) Having proficiency in English (reading, understanding, speaking, and listening skills);

(viii) Having knowledge of Vietnamese civil aviation laws, regulations on operational safety standards for various types of operations such as ETOPS, CAT II & III, RVSM/MNPS, MMEL, CRM, dangerous goods transportation, accident investigation, and related operational regulations/standards;

(ix) Having completed a basic training course on aircraft operation safety oversight (Flight Operations Safety Oversight) approved.

b) Aircraft Operation Inspection Field:

(i) Having at least 5 years of experience in aircraft operation, having graduated from a course in one of the specialties: aircraft-engine (mechanic), aviation electrical-electronic equipment (department) or aircraft operation or pilot;

(ii) Having proficiency in English (reading, understanding, speaking, and listening skills);

(iii) Possess knowledge of Vietnamese civil aviation law, regulations on flight safety standards for operations such as ETOPS, Cat II & III, RVSM/MNPS, MMEL, CRM, dangerous goods transportation, accident investigation, and related operational regulations/standards/criteria;

(iv) Trained on safety policies related to inspection, supervision, and approval activities in the field of aircraft operation;

(v) Participated in basic training courses on aircraft operation safety oversight that have been approved;

(vi) Have the ability and experience to develop procedures for implementing inspections, approvals, and supervision regarding aircraft operation requirements;

(vii) Maintain refresher training and update knowledge relevant to the field of aircraft operation;

c) Field of passenger cabin safety supervision (Cabin Safety Inspector):

(i) Hold a certificate in cabin safety or have completed approved flight attendant training courses;

(ii) Have at least five years of work experience in the aviation industry related to flight attendant duties;

(iii) Possess proficient English language skills (reading, understanding, speaking, and listening);

(iv) Have basic knowledge of Vietnamese civil aviation law and related cabin safety regulations/standards/criteria;

(v) Trained on safety policies related to inspection, supervision, and approval activities in the field of cabin safety;

(vi) Have the ability and experience to develop inspection procedures and supervise the implementation of cabin safety regulations;

(vii) Have the ability and experience to develop safety and emergency procedures in the cabin during incidents;

d) Field of airworthiness supervision

(i) Hold an engineering degree in one of the following specialties: aircraft-motor (mechanical), avionics-electronics (department) and have at least five years of work experience in the aviation technical field;

(ii) Having proficiency in English (reading, understanding, speaking, and listening skills);

(iii) Have basic knowledge of Vietnamese civil aviation law and related airworthiness regulations/standards/criteria;

(iv) Trained on safety policies and procedures related to inspection, supervision, and approval activities in the field of airworthiness;

(v) Participated in basic training courses on airworthiness that have been approved;

(vi) Have the ability and experience to develop procedures for implementing inspections, approvals, and supervision regarding airworthiness requirements;

3. The holder of the aviation safety inspector card as prescribed in Clause 2 of this Article shall have the following powers:

a) Conduct certification, appraisal, inspection, or supervision activities;

b) Access and inspect any airport, hangar, or other location where aircraft are parked or stored, or any organization performing work or services related to this Regulation;

c) Access and inspect any aircraft, aircraft equipment, parts, documents, means, aviation personnel, or crew members with the purpose of ensuring compliance with this Regulation;

d) Require any person to provide documents or any item related to the implementation of this Regulation's provisions;

đ) Inspect and copy licenses, certificates, certificates of competence, technical logs, documents, or records related to this Regulation;

e) Conduct re-inspection, evaluation, inspection, investigation, verification, testing, and test flights when necessary to ensure compliance with this Regulation;

4. When exercising the powers stipulated in Clause 3 of this Article, the aviation safety inspector has the right to require the suspension of flights, the cessation of activities of aviation personnel involved to prevent threats to flight safety; record the incident and report it immediately to the Civil Aviation Administration of Vietnam. The aviation safety inspector must be responsible for their decision according to the law;

5. Inspection, examination, and supervision may be carried out at any time and place where there is aircraft operation, maintenance, training, and other activities within the scope regulated by this Regulation, specifically as follows:

a) Any public or private location where aircraft are parked for inspection or any document as prescribed by this Regulation;

b) Any airport for the purpose of inspecting the airport or any aircraft in the airport or any document as prescribed by this Regulation;

c) Any aircraft, cockpit during flight to inspect aircraft operations or any aircraft equipment and inspect crew member activities while performing their duties.

Article 4. Responsibilities of organizations and individuals

Organizations and individuals participating in activities related to aircraft design, production, maintenance, testing, operation, training, education, and health assessment for aviation staff shall be responsible for:

1. Adhering to the requirements of this Regulation and specific guidelines issued by the Civil Aviation Authority of Vietnam concerning their activities.

2. Adhering to environmental protection requirements as guided by the Civil Aviation Authority of Vietnam.

3. Adhering to aviation security requirements.

4. Establishing and retaining records and documents related to their activities in accordance with the provisions of this Regulation and specific guidelines issued by the Civil Aviation Authority of Vietnam.

5. Providing documents, records, and files upon request of authorized persons.

6. Displaying certificates granted to organizations at a visible location in their main office; carrying licenses and certificates granted to individuals when performing tasks specified in the license.

Article 5. Application of preventive measures to ensure safety

1. In cases of violations or failure to meet the standards and conditions for issuing licenses, certificates, permits, or other documents within the authority to issue or promulgate of the Civil Aviation Authority of Vietnam, the Director of the Civil Aviation Authority of Vietnam may apply the following measures:

a) Requesting suspension of flight operations to prevent threats to flight safety;

b) Temporarily suspending or suspending for a limited period licenses, certificates, permits, or other documents;

c) Revoking licenses, certificates, permits, or other documents;

d) Modifying the content and scope of activities of licenses, certificates, permits, or other documents;

đ) Re-inspecting to reissue licenses, certificates, permits, or other documents.

2. The application of preventive measures as stipulated in Clause 1 of this Article must be documented in a file, which includes documents clearly stating the nature and severity of the violation, the process of warning, correction, or verification of the violation, and the applied measures. The person subject to handling may appeal against the decision to apply preventive measures according to the law on complaints and denunciations. The Director of the Civil Aviation Authority of Vietnam shall bear responsibility for his decisions in accordance with the law.

Article 6. Application of administrative procedures

1. Individuals applying for issuance, extension, amendment, or recognition of the validity of licenses, certificates, permits, or other documents within the authority to issue or promulgate of the Civil Aviation Authority of Vietnam must pay fees and charges as prescribed by law. The application file must include a receipt or equivalent document confirming payment of the fees and charges.

2. Holders of licenses, certificates, permits, or other documents within the authority to issue or promulgate of the Civil Aviation Authority of Vietnam may request a name change on such documents. The application file for changing names must include the original document requesting the name change and evidence of the name change.

3. Holders of licenses, certificates, permits, or other documents within the authority to promulgate of the Civil Aviation Authority of Vietnam who change their current mailing address may only exercise their rights under such documents if they have notified the Civil Aviation Authority of Vietnam in writing of their new mailing address within thirty days from the date of change.

4. Holders of licenses, certificates, permits, or other documents within the authority to issue or promulgate of the Civil Aviation Authority of Vietnam may request the Civil Aviation Authority of Vietnam to issue a copy if the document is lost or damaged. The application for a copy must specify information about the individual or organization, type, number, and date of issuance of the lost or damaged document. After receiving a fax from the Civil Aviation Authority of Vietnam confirming that the lost or damaged document has been reissued, while waiting for the replacement document, the holder may carry or present the fax instead of the lost or damaged document for up to seven days.

5. Licenses, certificates, permits, or other documents within the authority to issue or promulgate of the Civil Aviation Authority of Vietnam may be revoked or suspended if they fall into one of the following situations:

a) There is forgery or intentional misrepresentation in the application file;

b) There is forgery or intentional misrepresentation in technical logs, records, or reports as required by this Regulation;

c) The document has been altered or copied with the intent to forge.

6. Licenses, certificates, permits, or other documents within the authority to issue or promulgate of the Civil Aviation Authority of Vietnam will become invalid if they are canceled, suspended, or revoked; holders of such documents must return them to the Civil Aviation Authority of Vietnam upon request.

7. Unless approved by the Civil Aviation Authority of Vietnam, holders of licenses, certificates, permits, or other documents within the authority to issue or promulgate of the Civil Aviation Authority of Vietnam that have been suspended may not submit applications for similar documents during the suspension period; if the document is canceled or revoked, they may not submit applications for similar documents within one year from the date of cancellation or revocation.

8. Holders of licenses, certificates, permits, or other documents within the authority to issue or promulgate of the Civil Aviation Authority of Vietnam may request relinquishment for the purpose of canceling the document or obtaining another document with a more limited scope or to cancel specific qualifications.

Article 7. Authorized Person

1. The Civil Aviation Authority of Vietnam may authorize an individual or organization to act as its representative to assess, survey, inspect, test, and certify aircraft, individuals, or organizations for issuing licenses, certificates, permits, or other documents.

2. The Civil Aviation Authority of Vietnam shall implement authorization based on an evaluation of the authorized person's experience, training, and commitment, ensuring that the authorized person meets the following conditions:

a) Possessing appropriate equipment, resources, and personnel to carry out the assigned tasks;

b) Having been trained on the procedures and processes of the Civil Aviation Authority of Vietnam to perform the assigned tasks;

c) Having sufficient relevant experience to carry out the assigned tasks.

3. Depending on the content and type of authorization, the authorized person shall have the following powers:

a) Conducting assigned tasks at authorized locations;

b) Receiving and reviewing applications for licenses, certificates, permits, or other documents;

c) Conducting assessments, surveys, tests, inspections, and certifications;

d) Issuing or refusing licenses, certificates, permits, or other documents;

đ) Approving technical documents;

e) Charging fees for services performed in accordance with the law.

4. The authorized person shall be issued an authorization certificate specifying the purpose, content, duration, and type of authorization. The authorization shall be valid until the expiration date stated in the authorization document but not exceeding twenty-four months from the issuance date, unless terminated earlier. The authorization may be renewed.

5. The authorization shall expire in the following cases:

a) At the request in writing of the authorized person;

b) At the request in writing of the employer when the employer’s recommendation is required for the authorization;

c) When the authorized person ceases to work for the employer who recommended the authorization;

d) When the authorized person violates the law or fails to fulfill their duties according to the authorization;

đ) When the assistance of the authorized person is no longer necessary for the Civil Aviation Authority of Vietnam or in situations deemed necessary by the Civil Aviation Authority of Vietnam.

6. The authorized person must report periodically or upon request, retain copies of all documents issued during the performance of the authorization at a suitable location as prescribed by the Civil Aviation Authority of Vietnam.

7. At any time and for any reason, the Civil Aviation Authority of Vietnam has the right to access the workplace, staff, records, documents, and activities of the authorized person to check the implementation of the authorized tasks. The authorized person must promptly provide the Civil Aviation Authority of Vietnam with periodic or ad hoc notifications about the time and place of performing the authorized tasks and facilitate the inspection process.

Article 8. Exemptions, Waivers, Exceptions

1. The Civil Aviation Authority of Vietnam may approve an exemption, waiver, or exception to the requirements of this Regulation. The approval of an exemption, waiver, or exception must be carried out in accordance with the procedure stipulated herein.

2. An applicant seeking an exemption, waiver, or exception must submit an application to the Civil Aviation Authority of Vietnam at least thirty days before the intended application date. The application must include the following information:

a) Information about the applicant, including: name, contact address, telephone number, fax number, email address (if available); the designated representative of the applicant for all procedures related to the application. If the applicant is not a citizen or a lawful resident of Vietnam, they must designate a representative in Vietnam;

b) Information related to the application, including: specific requirements cited that the applicant wishes to seek relief; detailed technical information on the operation being conducted with the relief; a detailed description of the proposed alternative requirement to meet equivalent safety levels; details of the timeframe or planned period requiring relief; justification for seeking relief; methods of compliance after the relief period ends; presentation of actual circumstances and reasons justifying urgent processing;

c) Evidence that the proposed alternative meets at least equivalent safety standards to those set forth in this Regulation, aligns with the public interest, and includes the following information:

(i) Description of related incidents and accident experience that the applicant believes are relevant to the requested relief;

(ii) Identification of potential risks if the proposed alternatives are allowed and measures taken to mitigate such risks;

(iii) Proof that the general safety arguments and equivalent safety levels are well-founded.

3. After reviewing the completeness and accuracy of the information in the application, the Civil Aviation Authority of Vietnam will conduct a technical assessment of the feasibility of the alternative method. The person responsible for conducting the technical assessment must report in writing on the necessity of reducing requirements, the ability to achieve equivalent safety levels, the approval of the alternative method in line with the public interest, and recommendations on the form of decision. The Civil Aviation Authority of Vietnam must publicly announce any corresponding decisions proposed and disseminate this information to the following parties:

a) Those who have pre-registered with the Civil Aviation Authority of Vietnam due to having an interest in any exemptions, waivers, or exceptions that may be approved;

b) Individuals or organizations holding similar licenses, certificates, operating permits; forms of approval or permission that may be affected by the decision.

These individuals or organizations may respond with agreement, non-opposition, or opposition to the proposed decision within thirty days for the Civil Aviation Authority of Vietnam to consider.

4. Any individual or organization may apply for a similar exemption, waiver, or exception that has been approved or is under consideration for approval. The application shall be made in accordance with the procedure stipulated herein.

5. The approval for exemption, immunity, or exception shall be granted by the Civil Aviation Authority of Vietnam through a decision to apply or change the scope of operation. If the request is rejected, the Civil Aviation Authority of Vietnam must notify the applicant in writing.

6. The Civil Aviation Authority of Vietnam will publish the granted exemptions, immunities, or exceptions in the Vietnam Civil Aviation Information Circular. Additionally, the granted exemptions, immunities, or exceptions must be issued and updated in the Notice on Exemptions, Immunities, and Exceptions for the following subjects:

a) Organizations or individuals who have pre-registered with the Civil Aviation Authority of Vietnam and are interested in all granted exemptions, immunities, or exceptions concerning the requirements of this Regulation;

b) Individuals or organizations holding licenses, certificates, operating permits, or other forms of approvals or similar authorizations;

c) New applicants seeking to obtain licenses, certificates, operating permits, or other forms of approvals related to them.

Article 9. Recognition of Effectiveness of Documents and Materials

1. The Civil Aviation Authority of Vietnam may use licenses, certificates, approvals, designations, or other authorizations issued or promulgated by another ICAO Member State as a basis for issuing licenses, certificates, approvals, designations, or other authorizations with equivalent or lesser rights provided that:

a) It complies with the corresponding provisions of this Regulation regarding the conditions and procedures for recognizing the effectiveness of foreign documents and materials;

b) It does not use the recognition process to evade its responsibility for ensuring that the original documents currently in use are valid and issued in accordance with current ICAO Standards;

c) Conducts necessary additional technical and administrative testing or inspection to confirm the capability of the person being authorized and the validity of the documents and materials being recognized.

2. Documents and materials recognized by the Civil Aviation Authority of Vietnam may be amended, suspended, revoked, or canceled under the same conditions and procedures as other documents and materials issued or promulgated by the Civil Aviation Authority of Vietnam.

3. Unless otherwise specified, each license, certificate, approval, designation, or other authorization issued or promulgated by the Civil Aviation Authority of Vietnam through the recognition process shall become invalid when the document used as a basis for issuance or promulgation becomes invalid, non-circulating, expired, or is suspended or revoked by the ICAO Member State issuing or promulgating it.

4. The Civil Aviation Authority of Vietnam must notify the aviation authority of another ICAO Member State if during certification, inspection, supervision, or investigation, the Civil Aviation Authority of Vietnam determines that the holder of the certificate, license, approval, designation, or authorization issued or promulgated through the recognition process:

a) Is unable or lacks the conditions to maintain those documents;

b) Does not comply with current ICAO Standards or applicable national regulations for those documents;

c) Performs activities below international safety practice standards related to those documents.

5. The person recognized by the Civil Aviation Authority of Vietnam for certificates, licenses, approvals, designations, or other authorizations is responsible for:

a) Ensuring compliance with the provisions of this Regulation or the current laws of the ICAO Member State where the original document was issued or promulgated;

b) Complying with the verification and inspection by the Civil Aviation Authority of Vietnam regarding the maintenance of capability and compliance with the standards and bases for issuance or promulgation of the documents;

c) Presenting for necessary additional technical or administrative testing or inspection conducted by the Civil Aviation Authority of Vietnam to ensure the maintenance of capability and validity of the recognized documents and materials.

6. Types of documents and materials considered for recognition and validation by the Civil Aviation Authority of Vietnam include:

a) Type Certificate, Supplemental Type Certificate;

b) Airworthiness Certificate;

c) A health certificate;

d) License or designation of aviation personnel as stipulated in Chapter IV of this Regulation;

đ) Aircraft Operator's Certificate;

e) Approved Maintenance Organization Certificate;

g) Approved Training Organization Certificate;

h) Approval, designation, or authorization for documents, facilities, equipment, training devices, and simulation equipment separately approved during the technical certification process;

i) Authorization for an individual to perform certain functions and act on behalf of the regulatory authority for aviation safety oversight.

Chapter 2:

AIRWORTHINESS STANDARDS QUALIFICATION REQUIREMENTS

Section I. STANDARDS MEETING FLIGHT REQUIREMENTS, CONDITIONS AND PROCEDURES FOR ISSUING TYPE CERTIFICATES AND AIRWORTHINESS CERTIFICATES

Article 10. Scope of Application

The provisions of this Section shall apply to:

1. The issuance and recognition of standards meeting flight requirements applicable to aircraft, engines, and equipment installed on aircraft; the issuance and recognition of technical standards applicable to equipment, standard parts, consumable parts for maintenance and repair of aircraft; conditions, procedures, and formalities for issuing type certificates for aircraft, engines, and propellers; conditions, procedures, and formalities for approving equipment installed on aircraft, standard parts, and consumable parts for maintenance and repair of aircraft:

a) Designed, manufactured, tested in Vietnam;

b) Imported and operated for the first time or produced in Vietnam.

2. Conditions, procedures, and formalities for issuing airworthiness certificates for aircraft:

a) Registered with Vietnamese nationality;

b) Registered with foreign nationality but operated under an operator certificate issued by the Civil Aviation Authority of Vietnam.

Article 11. Standards Meeting Flight Requirements

1. In each specific case, the Civil Aviation Authority of Vietnam shall issue or recognize standards meeting flight requirements applicable to different categories and types of aircraft, engines, and propellers designed, manufactured, tested, and produced in Vietnam based on compliance with Annex 8 of the Chicago Convention.

2. In each specific case, the Civil Aviation Authority of Vietnam shall issue or recognize technical standards orders applicable to equipment installed on aircraft designed, manufactured, tested, and produced in Vietnam based on compliance with Annex 8 of the Chicago Convention.

3. In each specific case, the Civil Aviation Authority of Vietnam shall issue or recognize technical standards applicable to equipment, standard parts, and consumable parts for maintenance and repair of aircraft designed, manufactured, tested, and produced in Vietnam based on compliance with Annex 8 of the Chicago Convention.

4. The Civil Aviation Authority of Vietnam shall recognize and apply the standards meeting flight requirements published by the design country for the approval of aircraft types imported into Vietnam for the first time during the process of recognizing the type certificate before operation in Vietnam.

5. The Civil Aviation Authority of Vietnam shall recognize and apply technical standards published by the design country for equipment installed on aircraft imported into Vietnam for the first time during the process of approving such equipment.

6. The Civil Aviation Authority of Vietnam shall recognize and apply technical standards published by the manufacturing country for standard parts and consumable parts for maintenance and repair of aircraft imported into Vietnam for the first time during the process of approving such equipment and parts.

7. The Civil Aviation Authority of Vietnam shall establish and maintain a database on standards meeting flight requirements for aircraft registered with Vietnamese nationality.

Article 12. Type Certificate

1. The type certificate for an aircraft type, engine, propeller, and equipment installed on an aircraft includes the type design, operational limits, type certificate data sheet, airworthiness standards, and any other conditions or limitations applicable.

2. The Civil Aviation Authority of Vietnam shall be responsible for:

a) Issuing a type certificate for aircraft, engines, and propellers designed, manufactured, and tested in Vietnam;

b) Recognizing a type certificate issued by the country of design for imported aircraft, engines, and propellers that are operated for the first time or produced in Vietnam.

Article 13. Conditions for Issuing and Recognizing Type Certificates

1. A type certificate shall be issued or recognized when:

a) The aircraft, engine, and propeller comply with the drawings, operational characteristics, and design features that meet the requirements of the applicable airworthiness standards;

b) All required testing and flight verification activities have been satisfactorily completed in accordance with the applicable airworthiness standards for approval of the aircraft, engine, and propeller;

c) The applicant has paid all fees and charges as prescribed.

2. The applicant shall bear all costs incurred during the process of issuing and recognizing the type certificate.

3. The application for issuance/recognition of a type certificate includes:

a) An application form for issuance of a type certificate;

b) For an application for issuance of a type certificate for an aircraft or a limited type certificate, it must include three-view drawings of the aircraft and initial basic parameters along with proposed operational characteristics and limitations;

c) For an application for issuance of a type certificate for an engine or propeller, it must include overall drawings, descriptions of design characteristics, operational characteristics, and proposed operational limitations of the engine or propeller;

d) Electrical schematic documentation;

đ) Electrical load analysis documentation;

e) Report of the Maintenance Review Board (MRBR) of the manufacturer;

g) Maintenance Program Documentation (MPD), including corrosion control and structural maintenance programs;

h) Minimum Equipment List (MEL);

i) Noise Certificate;

k) Radio Communication Certificate;

l) Copies of the following documents:

i) Aircraft Flight Manual (AFM);

ii) Aircraft Maintenance Manual (AMM);

(iii)Engine Maintenance Manual;

(iv)Propeller Maintenance Manual;

(v) Auxiliary Power Unit Maintenance Manual;

(vi) Parts Catalogue (IPC);

(i) Practical Standards Manual;

(viii) Structural Repair Manual (SRM);

(ix) Structure Schedules (SSI);

(x) Load Planning Manual;

(xi) Weight and Balance Manual;

(xii) Non-Destructive Testing (NDT) Manual.

4. The Civil Aviation Authority of Vietnam provides detailed guidance on technical requirements and procedures for the issuance and recognition of type certificates.

Article 14. Procedures and Formalities for Issuing and Recognizing Type Certificates

1. Within twelve months from receipt of the application for issuance of a type certificate, the Civil Aviation Authority of Vietnam shall carry out necessary inspections and tests to issue a type certificate for aircraft, engines, and propellers designed and manufactured in Vietnam, including:

a) Assessing the completeness and application for issuance of a type certificate;

b) Determining the applicable airworthiness standards for the aircraft, engine, and propeller for which a type certificate is requested to establish the basis for issuing a type certificate for such aircraft, engine, and propeller;

c) Assessing the drawing data, list of drawings, and necessary technical features to determine the configuration and design characteristics of the product to demonstrate compliance with applicable airworthiness standards, including information on materials and manufacturing processes and methods to confirm the suitability of the product;

d) Assessing the operational limitations to maintain airworthiness as prescribed by the applicable airworthiness standards;

đ) Determining environmental protection requirements applicable to the aircraft, engine, and propeller for which a type certificate is requested;

e) Conducting or hiring an independent organization capable of conducting necessary inspections, tests, and flight trials to verify compliance of the aircraft, engine, and propeller with applicable airworthiness standards.

2. Within six months from receipt of the application for recognition of a type certificate, the Civil Aviation Authority of Vietnam shall carry out necessary inspections and tests to recognize a type certificate for aircraft, engines, and propellers being operated for the first time in Vietnam, including:

a) Assessing the completeness and application for recognition of a type certificate;

b) Considering recognition of applicable airworthiness standards for the aircraft, engine, and propeller for which recognition of a type certificate is requested based on compatibility with Annex 8 of the Chicago Convention;

c) Assessing the operational limitations to maintain airworthiness as prescribed by the applicable airworthiness standards;

d) Determining environmental protection requirements applicable to the aircraft, engine, and propeller for which recognition of a type certificate is requested;

đ) Considering recognition of results of inspections, tests, and necessary flight trials to verify compliance of the aircraft, engine, and propeller with applicable airworthiness standards.

Article 15. Approval aircraft equipment, standard materials, expendable materials for aircraft maintenance and repair work.

1. Aircraft equipment, equipment, standard materials, expendable materials for aircraft maintenance and repair work designed, manufactured, tested, and produced in Vietnam shall be approved when:

a) They comply with applicable technical requirements and standards;

b) The testing and evaluation of aircraft equipment, equipment, standard materials, expendable materials for aircraft maintenance and repair work are carried out satisfactorily according to applicable technical requirements and standards;

c) The person requesting approval has paid all required fees and charges.

2. Within six months from the date of receipt of the application for approval of aircraft equipment, equipment, standard materials, expendable materials for aircraft maintenance and repair work designed, manufactured, tested, and produced in Vietnam, the Civil Aviation Authority of Vietnam shall perform necessary inspection and testing tasks to approve, including:

a) Reviewing the completeness and application for approval;

b) Determining applicable technical requirements and standards;

c) Reviewing necessary technical parameters, limits, and features to demonstrate compliance with applicable technical requirements and standards, including information on materials and manufacturing processes and methods of the product to confirm its suitability;

d) Conducting or hiring independent organizations capable of performing necessary inspections and tests to verify compliance with applicable technical requirements and standards.

3. Within one month from the date of receipt of the application for recognition of imported aircraft equipment, equipment, standard materials, expendable materials for aircraft maintenance and repair work, the Civil Aviation Authority of Vietnam shall check the validity and recognize relevant approval documents for such equipment and materials according to applicable technical requirements and standards.

4. The Civil Aviation Authority of Vietnam shall provide detailed guidance on the procedures for approving and recognizing aircraft equipment, equipment, standard materials, and expendable materials for aircraft maintenance and repair work.

Article 16. Certificate of Airworthiness

1. The Civil Aviation Authority of Vietnam shall issue a certificate of airworthiness for aircraft bearing Vietnamese nationality, and recognize a certificate of airworthiness for foreign aircraft operated under an operator's certificate issued by the Civil Aviation Authority of Vietnam when the aircraft is in a state that meets the following requirements:

a) It complies with the type certificate approved or recognized by the Civil Aviation Authority of Vietnam for that aircraft type.

b) It is in a condition ensuring safe operation;

c) The applicant has submitted all required fees and charges.

2. A certificate of airworthiness is valid for no more than twelve months from the date of issuance. Renewal shall be conducted according to the requirements set forth in Clause 1 of this Article.

3. The application for issuance/renewal/recognition of a certificate of airworthiness includes:

a) Application for issuance, renewal, or recognition of a certificate of airworthiness;

b) List of airworthiness directives applicable to the aircraft, including confirmation of compliance with airworthiness directives, alternative methods if equivalent methods are applied as directed by the manufacturer to meet airworthiness directive requirements, and determination of airworthiness directives that must be performed periodically, including information on the periodicity and the most recent completion time;

c) List of technical notifications, including warning technical notifications, implemented on the aircraft, engines, propellers, and aircraft equipment;

d) List of technical improvements implemented on the aircraft, including those selected by the operator and those applied to aircraft equipment;

đ) List of work completed on mandatory requirements for radio and communication equipment;

e) List of work completed in accordance with airworthiness standards recommendations issued by export aviation authorities, if any;

g) List of defects that must be thoroughly rectified at the time of issuing an export airworthiness certificate;

h) List of installed aircraft equipment;

i) Most recent aircraft weight report;

k) Balance and center of gravity report;

l) List of equipment with life-limited or time-controlled components;

m) Compass system documentation and adjustment records;

n) Noise certification of the aircraft;

o) Radio certification of the aircraft;

p) Documentation related to the entire operational history of the aircraft, engines, propellers, and installed equipment, including:

(i) Total number of takeoff and landing cycles;

(ii) Maintenance program for previous aircraft maintenance, including past scheduled maintenance cycles and the upcoming cycle.

q) Operational time of aircraft, engine, propeller, or life-limited equipment since manufacture;

r) Operational time of aircraft equipment, engines, propellers, or aircraft equipment requiring periodic maintenance since manufacture and last overhaul;

s) Detailed documentation on major structural component replacements such as wings, tails, helicopter rotors, or drive systems, and proof of origin of new replacement parts;

t) Detailed documentation on structural repairs performed and reasons for damage necessitating repairs;

u) Detailed report on the results of acceptance flight test.

4. The Civil Aviation Authority of Vietnam shall provide specific guidance on technical requirements, safe operation of aircraft, and documentation for issuing, recognizing, and renewing certificates of airworthiness.

Article 17. Procedures for Issuing, Recognizing, and Extending Airworthiness Certificates

1. The Civil Aviation Authority of Vietnam shall examine the validity of the application file for issuing, recognizing, and extending airworthiness certificates. In case the file is not valid, the Authority shall notify the applicant directly or in writing within three days from the date of receiving the file.

2. If the file is accepted as valid, within seven days from the date of receiving the file, the Civil Aviation Authority of Vietnam shall review the contents of the file and notify the plan to inspect the technical condition of aircraft with the following contents:

a) The expected inspection time;

b) The person conducting the inspection;

c) The location where the inspection will be conducted;

d) The content and extent of the inspection concerning technical files, maintenance, and the technical condition of the aircraft;

đ) Other necessary inspection and testing tasks.

3. Based on the inspection results, the Civil Aviation Authority of Vietnam shall decide to issue, recognize, or extend the airworthiness certificate within twenty days from the date of notifying the plan to inspect the technical condition of the aircraft.

Article 18. Responsibilities of the Applicant for Issuing, Recognizing, and Extending Airworthiness Certificates

1. Accurately, completely, and truthfully declare all contents of the application file for issuing, recognizing, and extending airworthiness certificates.

2. Arrange the aircraft and related technical documents at the agreed location and time for the Civil Aviation Authority of Vietnam to conduct inspections. For newly manufactured aircraft, the applicant must arrange for inspections during the manufacturing and assembly process to determine that the aircraft complies with the basic characteristics of the approved design type.

3. Designate a person responsible for the file and documents during the inspection process by the Civil Aviation Authority of Vietnam.

4. Conduct tests and inspections of the aircraft according to requirements under the supervision of the Civil Aviation Authority of Vietnam.

5. Bear all costs incurred during the inspection process for issuing, recognizing, and extending airworthiness certificates.

6. Pay all fees as prescribed by law.

Article 19. Maintaining the Validity of Airworthiness Certificates

1. An airworthiness certificate remains valid only when the aircraft maintains its airworthiness.

2. To maintain the airworthiness of the aircraft, the operator has the responsibility to:

a) Perform pre-flight checks as prescribed;

b) Repair system and structural defects affecting the safe operation of the aircraft in accordance with maintenance manuals based on reviewing the allowable limits set out in the Minimum Equipment List (MEL) and Configuration Deviation List (CDL);

c) Carry out all maintenance tasks specified in the aircraft maintenance program approved by the Civil Aviation Authority of Vietnam;

d) Conduct an assessment of the effectiveness of the maintenance program for the aircraft type as prescribed;

đ) Implement technical improvements and structural repairs to the aircraft as prescribed;

e) Fully comply with airworthiness directives, operational instructions, and other mandatory maintenance and inspection tasks issued or recognized by the Civil Aviation Authority of Vietnam;

g) Establish policies and procedures for applying technical improvements and non-mandatory inspection tasks for aircraft with a maximum takeoff weight exceeding 5,700 kg, and aircraft used for commercial purposes.

3. Based on Annex 6 of the Chicago Convention, ICAO guidance material, provisions of this Regulation, and foreign aviation standards recognized and applied by the Civil Aviation Authority of Vietnam, the Authority may consider approving the operation of aircraft upon the request of the operator in the following cases:

a) Operating aircraft beyond the provisions of the Minimum Equipment List and Configuration Deviation List;

b) Extending the maintenance intervals for aircraft and equipment as prescribed in the aircraft maintenance program;

c) Deviations from approved operational procedures;

d) Deviations in the use of maintenance tools from prescribed documentation.

4. The Civil Aviation Authority of Vietnam shall provide specific guidance on technical requirements and ensuring safe aircraft operations for maintaining the validity of airworthiness certificates and for approving aircraft operations.

Article 20. Export Airworthiness Certificate

1. The export airworthiness certificate is evidence of the airworthiness condition of aircraft being exported from Vietnam issued by the Civil Aviation Administration of Vietnam.

2. The Civil Aviation Administration of Vietnam shall be responsible for negotiating with the aviation authorities of the importing country regarding details that do not meet requirements or design standards for which the Civil Aviation Administration of Vietnam has granted exemptions.

3. Aircraft must have their Vietnamese nationality registration cancelled before being issued an export airworthiness certificate.

4. The export airworthiness certificate shall be issued upon request of the aircraft owner or lessee.

5. The conditions, procedures, and formalities for issuing the export airworthiness certificate are similar to those for issuing the airworthiness certificate.

Chapter II. AIRCRAFT DESIGN, PRODUCTION, MAINTENANCE, TESTING FACILITIES AND EQUIPMENT INSTALLED ON AIRCRAFT, STANDARDS, CONSUMABLE MATERIALS FOR REPAIR AND MAINTENANCE OF AIRCRAFT

Article 21. Scope of Application

The provisions of this Section apply to the activities of facilities engaged in aircraft design, production, maintenance, testing, and equipment installed on aircraft, standard equipment, consumable materials for repair and maintenance of aircraft.

Article 22. Conditions for Issuing and Renewing Operating Licenses for Aircraft Design, Production, Maintenance, Testing Facilities and Equipment Installed on Aircraft, Standard Equipment, Consumable Materials for Repair and Maintenance of Aircraft

1. An organization shall be granted an operating license for aircraft design, production, maintenance, testing facilities and equipment installed on aircraft, standard equipment, consumable materials for repair and maintenance of aircraft if it meets the following conditions:

a) It is a legally established organization whose main business area is aircraft design, production, maintenance, testing, and equipment installed on aircraft;

b) It has an organizational structure, trained workforce, and appropriate equipment; it has a quality assurance system and suitable work procedures;

c) It has documentation explaining the conditions set out in point b of this clause, which has been approved by the Civil Aviation Administration of Vietnam;

d) It has a facility in Vietnam to carry out aircraft design, production, maintenance, and testing;

đ) It pays all fees and charges as prescribed.

2. The operating license for aircraft design, production, maintenance, and testing facilities and equipment installed on aircraft, standard equipment, consumable materials for repair and maintenance of aircraft shall be valid for twelve months from the date of issuance. Extensions, supplements, and amendments to the license shall be carried out according to the conditions set out in Clause 1 of this Article.

3. The application dossier for obtaining an operating license for an aircraft design organization includes:

a) A request for issuance of an organization design certification;

b) Business Registration Certificate;

c) Documentation titled "Design Organization Explanation," which outlines the organizational structure, scope of operations; related design product processes; quality assurance processes during the design process; a list of products or changes to products to be designed.

4. The application dossier for obtaining an operating license for an aircraft production and testing organization includes:

a) A request for issuance of an organization production and testing certification;

b) Business Registration Certificate;

c) Documentation titled "Production and Testing Organization Explanation," which outlines the organizational structure, scope of operations; related aircraft production and testing processes, equipment installed on aircraft, standard equipment, consumable materials for repair and maintenance of aircraft; quality assurance processes during the production and testing process; a list of products or changes to products to be produced and tested.

5. The application dossier for obtaining an operating license for an aircraft maintenance organization includes:

a) A request for issuance of an organization production and testing certification;

b) Business Registration Certificate;

c) Documentation titled "Maintenance Organization Explanation," which outlines the organizational structure, scope of operations; related aircraft maintenance processes; quality assurance processes during the maintenance process; a list of aircraft types and equipment to be maintained.

6. The Civil Aviation Administration of Vietnam shall provide detailed guidance on:

a) Technical requirements and procedures for issuing, renewing, amending, and supplementing operating licenses for aircraft design, production, maintenance, testing facilities and equipment installed on aircraft, standard equipment, consumable materials for repair and maintenance of aircraft;

b) Requirements and technical procedures for the operation of aircraft design, production, maintenance, testing facilities and equipment installed on aircraft, standard equipment, consumable materials for repair and maintenance of aircraft.

Article 23. Procedures and formalities for issuing, extending, supplementing, and amending the operating permit of aircraft design, manufacturing, maintenance, and testing facilities and related items aircraft equipment, standard materials, expendable materials for aircraft maintenance and repair work

1. The Civil Aviation Authority of Vietnam shall examine the validity of the application within three days from the date of receipt of the application and notify the applicant directly or in writing if the application is not valid.

2. In case the application is accepted, within seven days from the date of receipt of the application, the Civil Aviation Authority of Vietnam shall review the content of the application and notify the plan to inspect the aircraft with the following contents:

a) The expected inspection time;

b) The person conducting the inspection;

c) Location of inspection.

3. Based on the inspection results, the Civil Aviation Authority of Vietnam shall decide on the issuance, extension, supplementation, and amendment of the permit within thirty days from the date of notification of the inspection plan.

Article 24. Circumstances for revoking the operating permit of aircraft design, manufacturing, maintenance, and testing facilities and related items aircraft equipment, standard materials, expendable materials for aircraft maintenance and repair work

1. The Civil Aviation Authority of Vietnam shall monitor compliance with the conditions for issuing the permit.

2. The Civil Aviation Authority of Vietnam shall revoke the permit in the following cases:

a) The applicant provides false information during the application process or while maintaining the validity of the permit.

b) The permit holder seriously violates technical requirements and safety regulations during operations.

c) The permit holder fails to comply with the requirements of state agencies and authorized persons regarding aviation safety.

Chapter 3:

AIRCRAFT OPERATIONS

Section I. CERTIFICATE OF AIRCRAFT OPERATOR

Article 25. Scope of Application

The provisions of this Section apply to the issuance of the certificate of aircraft operator for organizations in Vietnam engaged in aircraft operations.

Article 26. Conditions for Issuing the Certificate of Aircraft Operator

The applicant for the certificate of aircraft operator must meet the following conditions:

1. Legally established, with headquarters in Vietnam;

2. Does not hold a certificate of aircraft operator issued by another country;

3. Meets the conditions stipulated in Clause 2 of Article 23 of the Civil Aviation Law of 2006;

4. Pays all fees and charges as prescribed;

5. Meets technical, organizational, human resource, operational documentation requirements for the issuance, extension, amendment, and supplementation of the certificate of aircraft operator;

6. Has a safety management system; technical requirements for safe aircraft operation, organization of aircraft operation, aircraft maintenance organization, flight operational documentation, and maintenance of the validity of the certificate of aircraft operator.

Article 27. Procedures for Issuing, Extending, Supplementing, and Amending the Certificate of Aircraft Operator

1. The Civil Aviation Authority of Vietnam shall examine the validity of the application within three working days from the date of receipt of the application and notify the applicant directly or in writing if the application is not valid.

2. If the application is accepted, within ten days from the date of receipt of the application, the Civil Aviation Authority of Vietnam shall review the content of the application and notify the plan to inspect the aircraft with the following contents:

a) Inspection time;

b) Inspection location;

c) Field and content of inspection;

d) Inspection documents;

đ) Necessary tests.

3. Based on the inspection results, the Civil Aviation Authority of Vietnam shall decide on the issuance, extension, supplementation, and amendment of the certificate within thirty days for the issuance of the certificate, twenty days for the extension, amendment, and supplementation of the certificate, from the date of notification of the inspection plan.

Article 28. Content and Duration of Effectiveness of the Aircraft Operator Certificate

1. The Aircraft Operator Certificate consists of the following two parts:

a) Part 1 for display, bearing the seal and signature of the Civil Aviation Authority of Vietnam;

b) Part 2 specifying the scope of operations, including the operational area, type of aircraft, conditions, and limitations of the certificate.

2. The Aircraft Operator Certificate is issued in both Vietnamese and English and includes the following contents:

a) Name and main office address of the aircraft operator;

b) Date of issuance and duration of effectiveness of each page issued;

c) Description of permitted types of operation;

d) Types of aircraft permitted to be used, registration numbers of operated aircraft;

đ) Permitted operational areas and routes;

e) Other authorizations, approvals, and special limitations granted by the Civil Aviation Authority of Vietnam in accordance with applicable standards for operation and maintenance performed by the certificate holder.

3. For each aircraft registered in the Aircraft Operator Certificate, the certificate holder must carry a certified copy of the Aircraft Operator Certificate issued by the Civil Aviation Authority of Vietnam.

4. The Aircraft Operator Certificate or part thereof issued by the Civil Aviation Authority of Vietnam shall have a maximum validity period of twelve months, except in the following cases where it becomes ineffective:

a) The Civil Aviation Authority of Vietnam suspends, revokes, or terminates the effectiveness of the Aircraft Operator Certificate;

b) The holder of the Aircraft Operator Certificate relinquishes and returns the certificate to the Civil Aviation Authority of Vietnam;

c) The holder of the Aircraft Operator Certificate ceases operations of the aircraft for commercial purposes for more than sixty days.

Article 29. Maintaining the Effectiveness of the Aircraft Operator Certificate

1. The operator has the obligation:

a) To facilitate access, supervision, and inspection by the Civil Aviation Authority of Vietnam of the operator's organization, maintenance organization, technical maintenance records, and the technical condition of the aircraft to determine compliance with operational and maintenance requirements;

b) To ensure that all flights are conducted in accordance with the provisions set forth in the aircraft operation manual;

c) To provide appropriate ground handling and operational staff to ensure safe aircraft operations;

d) To ensure that aircraft registered in the Aircraft Operator Certificate are provided with fully qualified flight crews during operations, and that such crew members are thoroughly trained for each operational area and type of operation;

đ) To fulfill all maintenance responsibilities as prescribed;

e) To provide the Civil Aviation Authority of Vietnam with the aircraft operation manual as required;

g) To maintain operational assistance equipment at main bases, suitable for the operational area and type of operation;

h) To ensure that the technical support system, aircraft maintenance, and aviation safety management operate in accordance with regulations.

2. The Civil Aviation Authority of Vietnam may suspend, revoke, or terminate the effectiveness of the Aircraft Operator Certificate if the aircraft operator violates the regulations on maintaining the effectiveness of the Aircraft Operator Certificate.

Section II. GUIDELINES FOR AIRCRAFT OPERATIONS

Article 30. Scope of Application

The provisions of this Section shall apply to aircraft operations conducted by organizations and individuals holding an Aircraft Operator Certificate issued by the Civil Aviation Authority of Vietnam.

Article 31. Methods of Aircraft Operations

1. The operator has the obligation:

a) Establish and maintain operational control methods approved by the Civil Aviation Authority of Vietnam;

b) Ensure all flights are controlled and comply with the terms set out in the Aircraft Operator Certificate;

c) Develop operation manuals approved or accepted by the Civil Aviation Authority of Vietnam;

d) Develop operational procedures and instructions for each type of aircraft, including specific duties and responsibilities for flight crew members and other operational personnel;

đ) Ensure all flights are provided with air traffic services if applicable;

e) Only use airports that meet the requirements for the aircraft and the type of operation being conducted and must determine the minimum standards appropriate for each airport;

g) Ensure all flight activities are conducted along appropriate routes;

h) Develop fuel policies;

i) Develop passenger, cargo, and baggage transportation methods;

k) Develop pre-flight, in-flight, and post-flight preparation procedures;

l) Develop procedures for reporting safety-threatening incidents and aircraft accidents as prescribed;

m) Develop and instruct on takeoff and landing procedures suitable under all weather conditions.

2. The Civil Aviation Authority of Vietnam shall provide detailed guidance on the contents required to be implemented under Clause 1 of this Article.

Article 32. General Requirements for Aircraft

1. An operator may only operate an aircraft type that complies with the performance characteristics detailed by the Civil Aviation Authority of Vietnam for that particular aircraft type.

2. The operator must ensure that the aircraft operation complies with the performance parameters and operational limits specified in the aircraft's operational manual.

Article 33. Weight and Center of Gravity

1. The operator has the obligation:

a) Ensure during operation, loading, weight, and center of gravity of the aircraft comply with the limitations set forth in the aircraft's operational manual or operational guide, whichever is more stringent;

b) Develop a program to determine the load and center of gravity for each aircraft type before commencing operations and during ongoing operations;

c) Determine the weight of all equipment onboard the aircraft and the weight of the flight crew in the dry operating weight;

d) Establish the payload including items used for center of gravity adjustment, either through actual weighing or calculating payload based on passenger and baggage weights;

đ) Determine the amount of fuel on board by determining the actual density or using calculation methods as prescribed.

2. The Civil Aviation Authority of Vietnam shall provide detailed guidance on the contents required to be implemented under Clause 1 of this Article.

Article 34. Aircraft Equipment and Facilities

1. An operator may only conduct a flight when the aircraft's equipment and facilities meet the following specific requirements:

a) Approved and installed appropriately, including requirements for standards, minimum technical characteristics, and airworthiness criteria applicable to the equipment;

b) In good working condition and suitable for the type of operation, except for equipment listed in the minimum equipment list for takeoff;

2. The minimum technical characteristics for aircraft equipment must conform to specific standards established or recognized by the Civil Aviation Authority of Vietnam.

3. Equipment used by flight crew members at their workstations during the flight must function properly. For aircraft with multiple crew members sharing the same equipment, such equipment must be installed in a convenient location meeting usage requirements.

4. Equipment used by flight crew members must be arranged so that the flight crew can see displays from their workstations with minimal deviation from the line of sight while flying. If equipment is installed for multiple crew members to use simultaneously, it must be arranged so that each crew member can easily view from their workstation.

5. Safety equipment and signal lights must be fully installed in accordance with the type of operation and in good condition.

6. The Civil Aviation Authority of Vietnam shall provide detailed guidance on the contents required to be implemented under Clauses 1, 2, 3, 4, and 5 of this Article.

Article 35. Communication and Navigation Equipment

1. The operator must ensure that flights can only be conducted when the communication and navigation equipment on the aircraft meets the specific requirements as follows:

a) Approved and installed in accordance with the applicable requirements for that type of equipment, including minimum performance standards, operational requirements, and airworthiness conditions;

b) Installed such that if any malfunction occurs in any communication or navigation equipment unit, or both units cease to function, it will not affect other communication or navigation equipment;

c) Meets the conditions appropriate to the type of operation, except for cases listed in the minimum takeoff clearance list;

d) Arranged to be readily accessible for operation at the flight crew member's position during flight. If equipment is installed for use by multiple flight crew members, it must be arranged so that each flight crew member can easily access it from their position.

2. The minimum technical characteristics of communication and navigation equipment must comply with specific standards issued or recognized by the Civil Aviation Authority of Vietnam.

3. The operator may only operate the aircraft when it is equipped with necessary radio equipment for the type of operation being conducted and has been issued a radio equipment certificate by the Civil Aviation Authority of Vietnam.

4. The Civil Aviation Authority of Vietnam shall provide detailed guidance on the matters required to be implemented under Clauses 1, 2, and 3 of this Article.

Article 36. Aircraft Maintenance

1. The operator of the aircraft has the obligation:

a) To only operate the aircraft when it has been maintained by an approved maintenance organization, except for pre-flight checks;

b) To fulfill all responsibilities related to aircraft maintenance as prescribed;

c) To submit to the Civil Aviation Authority of Vietnam for approval the maintenance organization to carry out maintenance responsibilities, unless the operator has a maintenance contract with organizations approved by the Civil Aviation Authority of Vietnam;

d) To develop a "Maintenance Management Justification" document that clearly defines organizational structure, persons responsible for maintenance, and procedures to ensure compliance with prescribed maintenance responsibilities, and submit it to the Civil Aviation Authority of Vietnam for approval;

e) To develop an aircraft maintenance program detailing the contents and frequency of all maintenance tasks according to the design organization's instructions with aircraft type certification and other maintenance requirements to ensure flight safety, and submit it to the Civil Aviation Authority of Vietnam for approval;

f) To develop a technical logbook for each aircraft recording information about maintenance status, maintenance work, and pre-maintenance confirmation before the aircraft is put into service, ongoing maintenance delays affecting aircraft operations, and necessary information about each flight to ensure continuous flight safety, and submit it to the Civil Aviation Authority of Vietnam for approval;

g) To establish a system for recording and retaining documentation including aircraft and engine records, maintenance records, airworthiness directive compliance records, technical improvements, repairs, and technical logs for each aircraft.

2. The operator must ensure that all equipment installed on the aircraft, materials, and tools used for aircraft operation and maintenance are supplied by suppliers approved or accepted by the Civil Aviation Authority of Vietnam.

3. The Civil Aviation Authority of Vietnam shall provide detailed guidance on the matters required to be implemented under Clauses 1 and 2 of this Article.

Article 37. Quality Assurance System

1. The operator has the obligation:

a) Establish a quality assurance system for aircraft operation and maintenance activities to maintain the validity of the aircraft operator certificate and the airworthiness certificate for each registered aircraft; the quality assurance system must include a feedback mechanism to the executive director to take corrective measures when necessary;

b) Ensure that each quality system has a quality assurance program; the quality assurance program must have procedures to determine all aircraft operation and maintenance activities carried out in accordance with requirements, standards, and methods as prescribed.

2. The Civil Aviation Authority of Vietnam shall provide detailed guidance on the contents that must be implemented as prescribed in Clause 1 of this Article.

Article 38. Reliability Program

1. The operator must establish a reliability program for the fleet of operated aircraft according to the detailed guidance of the Civil Aviation Authority of Vietnam, and submit it to the Civil Aviation Authority of Vietnam for approval.

2. The operator's reliability program for aircraft and engines must be managed by a reliability program board consisting of the head or deputy of the quality assurance department, aircraft technical department, and aircraft maintenance department.

Article 39. Safety Management System

1. The operator must establish a safety management system according to the detailed guidance of the Civil Aviation Authority of Vietnam to identify potential threats to flight safety, measures to mitigate them to maintain an acceptable level of safety, ensure monitoring and evaluation of the achieved safety level, and set overall safety goals, and submit it to the Civil Aviation Authority of Vietnam for approval.

2. Operators of aircraft with a maximum takeoff weight exceeding 20,000 kg must establish and maintain a flight data analysis program as part of the safety management system. The flight data analysis program must be determined as an effective tool for analyzing and issuing recommendations to prevent accidents and incidents involving aircraft.

Article 40. Flight Crew Members

1. The operator must ensure that the number of flight crew members at working positions complies with and does not fall below the minimum levels specified in the aircraft operation manual.

2. The flight crew, including additional flight crew members required by the type of operation, must not be less than the levels specified in the aircraft operation manual.

3. Flight crew members, including flight crew members, must hold valid licenses issued or recognized by the Civil Aviation Authority of Vietnam, receive appropriate training, and be capable of performing assigned tasks.

4. The operator of the aircraft must ensure that each flight designates a pilot-in-command responsible for the entire operation of the aircraft during the flight; the pilot-in-command must meet the requirements and receive appropriate training.

5. The operator must ensure that the number of cabin crew on each flight is appropriate for the type of aircraft and the type of operation as prescribed.

6. The operator must designate a lead cabin crew for each flight with two or more cabin crew members; the lead cabin crew is responsible to the pilot-in-command for ensuring passenger safety in the cabin, and must meet the requirements and receive appropriate training.

7. The operator must ensure that training records and inspections are kept as prescribed.

8. The Civil Aviation Authority of Vietnam shall provide detailed guidance on the contents that must be implemented as prescribed in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article.

Article 41. Time Limits for Flight, Duty Periods, and Rest Regulations

1. The operator has the obligation:

a) Establish time limits for flight, duty periods, and rest regulations for crew members;

b) Ensure that each crew member is not permitted to perform flight duties when they know or suspect their health condition or unsuitability to continue performing such duties;

c) Specify the basis for each crew member;

d) Develop procedures for handling and reporting incidents where crew members exceed flight time limits or duty periods;

e) Ensure the retention of records regarding flight times, duty periods, and rest for crew members.

2. The Civil Aviation Authority of Vietnam shall provide detailed guidance on the contents required to be implemented under Clause 1 of this Article.

Article 42. Transport of Dangerous Goods

1. The operator may only carry out the transport of dangerous goods upon approval by the Civil Aviation Administration of Vietnam.

2. The operator shall have the obligation to:

a) Develop methods for transporting dangerous goods including restrictions, classification, packaging, labeling and marking, documentation, acceptance, inspection for damage, leakage, contamination, and decontamination, loading, and providing information on the transport of dangerous goods;

b) Develop, implement, and maintain training programs for employees involved in the transport of dangerous goods in accordance with the "Technical Instructions for the Safe Transport of Dangerous Goods by Air" of ICAO;

c) Develop methods and procedures for reporting incidents and accidents caused by the transport of dangerous goods.

3. The Civil Aviation Administration of Vietnam shall provide specific guidance on the contents required under Clause 2 of this Article.

Article 43. Security

1. The operator must ensure compliance and ensure that all its employees are familiar with and comply with aviation security regulations.

2. The operator must develop, implement, and maintain training programs for employees in accordance with aviation security regulations.

3. The operator must develop methods and procedures for reporting illegal interference actions in accordance with aviation security regulations.

4. The operator must ensure that aircraft carry a checklist for weapons, explosives, and other hazardous items detection.

5. The operator must ensure that the cockpit door be locked from the inside, and there be measures or procedures for cabin crew to inform the flight crew in case of suspicious actions or disturbances in the passenger cabin.

Chapter 4:

AIRCRAFT PERSONNEL

Article 44. Scope of Application

This Chapter applies to the training, issuance of licenses, certificates, and ratings for the following aviation personnel, training institutions, and vocational training facilities:

1. Pilot trainees.

2. Private aircraft pilots.

3. Commercial aircraft pilots.

4. Multi-crew aircraft pilots.

5. Air cargo aircraft pilots.

6. Flight instructors.

7. Aircraft mechanics.

8. Air traffic controllers.

9. Aircraft maintenance and repair technicians.

10. Air traffic control dispatchers.

11. Cabin crew.

12. Radio operators on board aircraft.

Part I. LICENSES AND RATINGS FOR AVIATION PERSONNEL

Article 45. Principles for Issuing Licenses and Ratings for Aviation Personnel

In addition to other legal provisions on issuing licenses and ratings for aviation personnel, the issuance of licenses and ratings must comply with the following principles:

1. The person receiving the license or rating must meet the age, aviation knowledge, experience, flight training, skills, and health requirements for those licenses and ratings;

2. The person receiving the license or rating must demonstrate their ability to meet the requirements for relevant professional knowledge and skills and be accepted by the Civil Aviation Administration of Vietnam.

3. The person receiving a type rating for aircraft category and class must reflect the suitability of the aircraft type, category, and class used to demonstrate appropriate professional knowledge and skills and be accepted by the Civil Aviation Administration of Vietnam.

Article 46. Types of licenses to be issued

1. The Civil Aviation Authority of Vietnam shall issue the following types of aircraft category licenses to pilots: airplanes, vertical takeoff and landing aircraft, rotary-wing aircraft, gliders, lighter-than-air aircraft.

2. The Civil Aviation Authority of Vietnam shall issue the following types of aircraft class licenses to pilots:

a) Airplane class license for single-engine airplanes, single-engine seaplanes, multi-engine airplanes, and multi-engine seaplanes;

b) Rotary-wing airplane class license for helicopters and gyroplanes;

c) Lighter-than-air aircraft class license for controlled airships and free balloons.

3. The Civil Aviation Authority of Vietnam shall issue the following types of aircraft type licenses to pilots:

a) Aircraft type license granted to enable the holder to exercise the captain's authority on large air transport category airplanes, small turbine-powered airplanes, small helicopters requiring a commercial pilot license, aircraft with at least two pilots as required by the Civil Aviation Authority of Vietnam, or any other aircraft as directed by the Civil Aviation Authority of Vietnam;

b) The aircraft type license mentioned in point a of this clause may also be issued to co-pilots, except for the type license for small helicopters requiring a commercial pilot license.

4. The Civil Aviation Authority of Vietnam shall issue flight by equipment capability licenses for the following types of aircraft: aircraft flown by equipment; helicopters flown by equipment.

5. The Civil Aviation Authority of Vietnam shall issue the following types of aircraft category and class licenses to flight instructors: single-engine airplanes, multi-engine airplanes, rotary-wing aircraft, helicopters, power-lifted flying equipment, gliders, aircraft flown by equipment, helicopters flown by equipment.

6. The Civil Aviation Authority of Vietnam shall issue the following licenses to airframe mechanics: piston engines, turboprop engines, turbojet engines.

7. The Civil Aviation Authority of Vietnam shall issue the following licenses to ground-based flight instructors: basic, advanced, flight by equipment training.

8. The Civil Aviation Authority of Vietnam shall issue the following licenses to aircraft maintenance technicians:

a) Aircraft component licenses: airplane engine, airplane system;

b) Aircraft type licenses: type for aircraft with a maximum takeoff weight exceeding 5,700 kg; type for engines installed on aircraft with a maximum takeoff weight exceeding 5,700 kg;

c) Other specific licenses as directed by the Civil Aviation Authority of Vietnam.

9. The Civil Aviation Authority of Vietnam shall issue the following type licenses to aircraft specialty repair technicians: propellers, electronics, equipment, computers, spare parts, experimental aircraft assembly, and other specific licenses as directed by the Civil Aviation Authority of Vietnam.

Article 47. Issuance of supplementary permits through special confirmation letters

The Civil Aviation Authority of Vietnam shall issue supplementary permits through the following special confirmation letters:

1. Permission to operate Category II as classified by the Civil Aviation Authority of Vietnam.

2. Permission to operate Category III as classified by the Civil Aviation Authority of Vietnam.

3. Authorization for aircraft maintenance technicians to supervise and inspect.

4. Permission for flight crew members to use radio communication equipment.

5. Other special permissions as directed by the Civil Aviation Authority of Vietnam.

Article 48. Standards for Aviation Personnel

1. Aviation personnel, depending on their professional qualifications, must meet the age requirements as follows:

a) Flight trainees must be at least 16 years old for other operational activities not using balloons and gliders; 14 years old for operational activities using balloons and gliders;

b) Private aircraft pilots must be at least 17 years old for qualifications other than balloons and gliders; 16 years old for balloon and glider qualifications;

c) Commercial aircraft pilots must be at least 18 years old;

d) Multi-crew aircraft pilots must be at least 21 years old;

đ) Air transport aircraft pilots must be at least 21 years old.

e) Flight instructors must be at least 21 years old;

g) Aircraft mechanics must be at least 18 years old;

h) Air traffic controllers must be at least 18 years old;

i) Aircraft maintenance and repair technicians must be at least 18 years old;

k) Air traffic control operators must be at least 21 years old;

l) Cabin crew members must be at least 18 years old.

2. Aviation personnel in specialized fields must undergo training and education at training institutions with approved training programs by authorized agencies, consistent with their assigned functions and tasks, and accumulate sufficient practical experience, proficiency in aviation English in accordance with the requirements of Annex 1 to the Chicago Convention.

3. The Civil Aviation Authority of Vietnam shall provide specific guidance on professional qualifications, internship and training periods, health certificates, proficiency in aviation English, theoretical and practical examinations in accordance with the licenses and qualifications of aviation personnel being applied for.

Article 49. Validity of Licenses

1. Except for the provisions set out in Clauses 2, 3, 4, 5, and 6 of this Article, licenses issued by the Civil Aviation Authority of Vietnam have a validity period of five years.

2. Flight trainee licenses expire 24 months from the date of issuance.

3. Flight instructor licenses expire 24 months from the date of issuance and remain valid only if the holder has a current pilot license.

4. CAT II and CAT III operational supplements for pilots expire six months from the date of issuance.

5. For aircraft maintenance technician licenses:

a) Licenses based on the work of the personnel expire when they no longer perform the job for which the license was granted.

b) Licenses for personnel with qualifications to assemble test aircraft based on the main design of the aircraft expire when they no longer perform the specific design work for that aircraft as specified in the license.

6. Licenses for aircraft maintenance technicians with supervisory and inspection authority expire twelve months from the date of issuance.

Article 50. Restrictions on Licenses

The Civil Aviation Authority of Vietnam may issue licenses with health restrictions or other conditions that must be met, provided that:

1. The applicant meets all other requirements for license issuance, qualifications, and other permits requested.

2. Health restrictions or other conditions must be recorded in the medical file.

3. The Civil Aviation Authority of Vietnam must determine safety requirements under specific operational conditions.

Article 51. Recognition of the Validity of Licenses Not Issued by the Civil Aviation Authority of Vietnam 1. The applicant requesting recognition of a license must submit along with the application an overseas pilot license, a health certificate in English or an English translation certified by the licensing authority issuing the license.

2. The applicant may request the Civil Aviation Authority of Vietnam to issue a recognition certificate for the license with appropriate ratings or transfer ratings from the original license to a recognition certificate issued by the Civil Aviation Authority of Vietnam, provided that the applicant:

a) Is not in a situation where the issuing state has revoked or canceled the license;

b) Holds a license that meets ICAO standards;

c) Has a valid health certificate corresponding to the license and requested ratings;

d) Possesses proof of proficiency in aviation English according to the guidance of the Civil Aviation Authority of Vietnam.

3. The Civil Aviation Authority of Vietnam will review the application file, interview the applicant, and may contact the licensing authority of the issuing state. It has the right to determine the scope of knowledge or skills that the applicant must demonstrate and consider the recognition of the license for the applicant with specific limitations and operational rights.

4. Except in cases where the applicant is a Vietnamese citizen, the applicant may use an overseas pilot license as the basis for applying for a Vietnamese license. The Civil Aviation Authority of Vietnam will record the foreign license number, issuing country, and expiration date on the issued license.

5. A Vietnamese citizen holding a valid pilot license issued by an ICAO member state can apply to the Civil Aviation Authority of Vietnam for a license and appropriate ratings or transfer ratings from the original license to a Vietnamese license. In such cases, the license will be valid for operating aircraft registered under Vietnamese nationality regardless of the status of the original overseas pilot license. The holder of the license must comply with Vietnamese regulations regarding license inspection and renewal. The licenses and ratings granted or recognized under this Article have the same rights and limitations as those granted by the Civil Aviation Authority of Vietnam pursuant to Articles 45, 46, 48, 49, and 50 of this Regulation.

6. A non-Vietnamese citizen holding a valid pilot license issued by an ICAO member state can apply to the Civil Aviation Authority of Vietnam for a license and appropriate ratings, provided that the applicant is sponsored by a Vietnamese organization or government agency and holds a work permit. The Civil Aviation Authority of Vietnam may consider granting necessary ratings for the intended job from among the ratings listed on the overseas pilot license.

7. A non-Vietnamese citizen holding a valid pilot license issued by an ICAO member state can apply to the Civil Aviation Authority of Vietnam for a private pilot license and appropriate ratings without undergoing additional testing procedures. The Civil Aviation Authority of Vietnam may consider:

a) Granting ratings from among those listed on the overseas pilot license;

b) Granting instrument ratings if the applicant passes the theoretical knowledge test and demonstrates proficiency in aviation English according to the guidance of the Civil Aviation Authority of Vietnam.

8. The person granted a license under paragraph 6 of this Article may exercise the rights of a private pilot license on aircraft registered under Vietnamese nationality in accordance with Chapter III of this Regulation.

9. Except for military pilots suspended from flying due to capability issues or violations of flight discipline, a Vietnamese citizen holding a military pilot rating who meets the requirements of the Civil Aviation Authority of Vietnam within one year of leaving the military may apply for the following licenses and ratings based on training received in the military:

a) Commercial pilot license;

b) Aircraft type and class ratings for aircraft flown in the military;

c) Instrument ratings suitable for aircraft flown in the military;

d) Other aircraft type ratings, if applicable.

d) Specify other types of aircraft, if any.

Section II. TRAINING

Article 52. Training Records

The person requesting a license, certification for aviation personnel must have documents and records in the training file containing the following types of time according to the model approved by the Civil Aviation Administration of Vietnam:

1. Training time and aviation experience used to meet the requirements for licenses, certifications, qualifications, additional permissions, or pre-qualification assessments before being allowed to fly.

2. Necessary aviation experience demonstrating current flight experience as stipulated in this Section.

Article 53. Flight Instructors Not Issued by the Civil Aviation Administration of Vietnam Issue permits

1. A pilot may be accepted to meet the flight training requirements if they are trained by:

a) Military flight instructors under a program used in the military of Vietnam or a member state of ICAO;

b) Flight instructors permitted by the aviation authority of an ICAO member state, with such training conducted outside the territory of Vietnam.

2. The flight instructor mentioned in Clause 1 of this Article is only permitted to confirm the contents that they have trained.

Article 54. Training Institutions for Aviation Personnel

1. Training institutions for aviation personnel must be issued a certificate of qualification for training and vocational training by the Civil Aviation Administration of Vietnam or recognized.

2. The issuance of certificates of qualification for training and vocational training for foreign training institutions for aviation personnel shall be carried out in accordance with regulations of the Minister of Transport on aviation personnel and training institutions for aviation personnel.

3. The Civil Aviation Administration of Vietnam provides detailed guidance on requirements, standards, and programs for training and vocational training for training institutions for aviation personnel.

4. The Civil Aviation Administration of Vietnam inspects, supervises the activities of training institutions for aviation personnel, and revokes the certificate of qualification in the following cases:

a) The institution provides false information during the issuance or maintenance of the validity of the certificate;

b) The institution seriously violates or fails to comply with the requirements of the competent state agency regarding aviation safety assurance;

c) The institution no longer meets the requirements and standards for issuing the certificate.

Article 55. Training at Approved Organizations

A person holding a graduation certificate from a training center approved in accordance with Article 54 of this Regulation within 60 days from the date of graduation will be considered by the Civil Aviation Administration of Vietnam to meet the conditions of experience and knowledge in aviation and operational requirements for the requested certification as stipulated in this Chapter.

Article 56. Approval of Flight Simulator Training Equipment

1. The use of flight simulator training equipment to obtain experience and demonstrate skills must comply with the approval conditions of the Civil Aviation Administration of Vietnam.

2. The use of flight simulator training equipment to obtain experience and necessary skills for licenses and certifications as stipulated in this Chapter for the following areas, unless such equipment has been approved by the Civil Aviation Administration of Vietnam:

a) For training and testing purposes;

b) For specific maneuvers, methods, or functions performed by crew members;

c) For specific aircraft models or types; for configurations or combinations of aircraft for certain flight simulator training equipment.

Section III. GENERAL PROVISIONS ON INSPECTION AND TESTING

Article 57. Principles of Inspection and Testing

The inspection and testing prescribed in this Section must be conducted by authorized personnel at times and locations determined by the Civil Aviation Authority of Vietnam.

Article 58. Theoretical Inspection and Testing

The person applying for theoretical inspection and testing must meet the following requirements:

1. Be confirmed by an authorized instructor to have completed a ground theory training course or self-study course as stipulated in this Chapter for the license or qualification being applied for, and be prepared for the inspection and testing.

2. Possess an identification card at the time of application containing a photograph, signature, and date of birth of the applicant that complies with the age requirements set forth in this Chapter for each type of license or qualification up until the expiration date of the theoretical inspection and testing report.

3. The Civil Aviation Authority of Vietnam shall specify the passing criteria for each type of theoretical inspection and testing.

Article 59. Practical Inspection and Testing

1. To be eligible for practical inspection and testing, the applicant must satisfy all conditions specified for the type of license or qualification being applied for according to the guidance of the Civil Aviation Authority of Vietnam.

2. If the applicant seeks a license or qualification to perform flight crew duties and fails any part of the operational content, they will be considered to have failed the practical inspection and testing. The inspector may terminate the practical inspection and testing in the following cases:

a) When the applicant fails one or more parts of the operational content;

b) Due to weather conditions, aircraft airworthiness, or other factors affecting flight safety.

3. If the applicant does not complete all parts of the inspection and testing on the same day, they must complete all parts within 60 days thereafter. For cases where the practical inspection and testing is terminated as provided in Clause 2 of this Article, the applicant may be recognized by the Civil Aviation Authority of Vietnam for the operational content under the condition:

a) Passing the remaining parts of the test within 60 days from the start date of the test;

b) Presenting the original non-approval document or notification of termination of the test to the inspector;

c) Completing any necessary additional training and obtaining appropriate confirmation from the instructor if additional training is required.

4. If the applicant does not complete all parts of the inspection and testing within 60 days from the start date of the test, they must retake the entire test, including parts already passed.

Article 60. Retesting

1. Persons who fail theoretical and practical inspections and tests may apply for retesting after completing necessary additional training and receiving confirmation from the additional training instructor that they are capable of passing the inspection and testing.

2. In addition to the provisions of Clause 1 of this Article, persons seeking a flight instructor license with aircraft type qualifications or a glider flight instructor license who fail the test due to not meeting teaching skills regarding stall recognition, handling procedures when entering spin, during spin, and exiting spin must meet the following conditions in the retest:

a) Using an appropriate aircraft type for the qualification being applied for and confirmed suitable for spin conditions;

b) Demonstrating teaching skills regarding stall recognition, entering spin, during spin, and exiting spin.

Article 61. Proficiency in Aviation English Language

1. Pilots and other personnel involved in international radio communication who apply for licenses must be examined and assessed for their proficiency in aviation English language.

2. The Civil Aviation Authority of Vietnam shall provide specific guidance on the assessment of language proficiency and the validity period for each specific aviation position.

Section IV. HEALTH CERTIFICATE

Article 62. Health Assessment

1. Applicants for health certificates must undergo medical examination and assessment by a medical examiner designated or approved by the Civil Aviation Authority of Vietnam to conduct such examinations and assessments, and must have a health record.

2. Applicants for health certificates may be required to supplement health information or medical history when necessary through:

a) Requesting the applicant to provide information; or

b) Requesting any clinic, hospital, doctor, or any person to transfer information or records related to past health.

3. Applicants for health certificates must report fully and accurately according to their knowledge about their health information and bear responsibility for any false information. The medical facility conducting the health assessment has the duty to disclose reports on any false information provided by the applicant related to the issuance of a license or certification upon discovery of such false information or at the request of the Civil Aviation Authority of Vietnam.

4. In cases where the applicant for or holder of a health certificate refuses to provide requested health information or history, fails to confirm such information, or provides false information, the medical facility conducting the health assessment and the Civil Aviation Authority of Vietnam may:

a) Refuse to issue a health certificate.

b) Temporarily suspend, amend, or revoke all health certificates issued to that individual.

5. The medical facility conducting the health assessment must submit detailed reports on the results of the examination and assessment of applicants for health certificates to the Civil Aviation Authority of Vietnam upon request. The submission of reports can be conducted via a secure electronic network.

6. The content, procedures, programs for examination, assessment, and evaluation of health, the location of health examinations and assessments must be approved by the Civil Aviation Authority of Vietnam.

Article 63. Confidentiality of Health Records

1. The Civil Aviation Authority of Vietnam, the medical facility conducting health assessments, doctors performing health examinations and assessments, and employers have the responsibility to keep confidential the information contained in the health records of aviation personnel.

2. Reports and health records will be stored. Doctors performing health examinations and assessments will have access to all stored health records of applicants for or holders of health certificates.

3. No aviation personnel shall be issued or continue to use a health certificate if they do not meet the health standards.

Article 64. Medical Appraiser

1. The medical appraiser shall be appointed by the Civil Aviation Authority of Vietnam to assess the suitability of health reports and health files from healthcare facilities conducting health assessments against applicable health standards.

2. The medical appraiser must meet the requirements for medical examiners at healthcare facilities conducting health assessments and be trained in evaluating health reports and health files.

3. The medical appraiser shall not concurrently serve as a medical examiner at healthcare facilities conducting health assessments.

Article 65. Issuance and Renewal of Health Certificates

1. A health certificate shall be issued to the applicant in accordance with the following procedures:

a) The medical examiner conducts a health examination and assessment of the applicant;

b) The healthcare facility conducting health assessments evaluates the examination results and reports to the Civil Aviation Authority of Vietnam;

c) The Civil Aviation Authority of Vietnam approves the medical examiner's evaluation report.

2. A health certificate has a maximum validity period of twelve months from the date of issuance and may be renewed according to the guidance of the Civil Aviation Authority of Vietnam.

3. The results of the health examination, assessment, and evaluation conducted by the healthcare facility conducting health assessments and the medical appraiser shall be valid for a maximum of forty-five days and may be shortened depending on the clinical review by the Civil Aviation Authority of Vietnam.

4. The Civil Aviation Authority of Vietnam provides specific guidelines regarding the professional requirements for issuing health certificates.

5. An individual refused a health certificate may, within thirty days from the refusal date, submit a written request for reconsideration to the Civil Aviation Authority of Vietnam.

Article 66. Special Health Certificate Issuance

A special health certificate may be issued when there is sufficient justification demonstrating that:

1. The official health conclusion indicates that in a specific case, the lack of qualification will:

a) Not affect the performance of duties and responsibilities listed in the license;

b) Not impact safety while performing tasks;

c) Not affect aircraft operation safety;

d) Not result in loss of work capacity.

2. The skills, experience of aviation personnel, and working conditions are appropriately considered.

3. The person holding a special license is capable of adhering to the limitations set forth in the license to perform their duties.

Article 67. Special Extension of Health Certificates

1. If a person with a license performs duties in areas far from designated health examination and assessment locations, they may be granted a special extension by the Civil Aviation Authority of Vietnam in necessary cases and under exceptional circumstances, subject to the following conditions:

a) Six-month intervals, in the case of non-commercial aircrew members;

b) Three-month intervals in the case of commercial aircrew members, provided that two consecutive prior health reports did not indicate any special issues;

c) Health checks by designated healthcare facilities conducting health assessments in the relevant area; if such facilities cannot be designated, a competent physician recognized by law shall conduct the health check in the area where the aircrew member resides.

2. Private pilots will receive a special extension for a single period of up to twenty-four months, conducted by a healthcare facility conducting health assessments designated by an ICAO Member State where the pilot is temporarily residing.

3. The health check report referred to in Clause 1 and 2 of this Article must be submitted to the Civil Aviation Authority of Vietnam before commencing any aircraft operations during the special extension period.

Article 68. Recognition of Foreign Health Standards and Certificates

The Civil Aviation Authority of Vietnam may recognize foreign health standards for health examination and assessment conducted by designated healthcare facilities.

The Civil Aviation Authority of Vietnam may accept foreign health certificates issued by other member states of ICAO instead of having health examinations and assessments conducted by designated healthcare facilities.

The Civil Aviation Authority of Vietnam may approve aviation staff to perform duties within a specified period in Vietnam if they hold a health certificate issued by another member state of ICAO instead of obtaining a Vietnamese health certificate.

Section V. HEALTH EXAMINATION AND ASSESSMENT HEALTHCARE FACILITIES FOR AVIATION STAFF

Article 69. Health Certificate for Healthcare Facilities Conducting Health Examination and Assessment for Aviation Staff

1. No organization shall be permitted to conduct health examination and assessment for aviation staff without being granted a health certificate for healthcare facilities conducting health examination and assessment for aviation staff (hereinafter referred to as the AMC certificate) by the Civil Aviation Authority of Vietnam, or if it violates the provisions stipulated in the AMC certificate already issued.

2. The AMC certificate can be issued to healthcare facilities within or outside the territory of Vietnam, valid for 12 months unless suspended, revoked, or withdrawn.

3. Requests for issuance of the AMC certificate, determination of the AMC certificate, approval of medical examiners, chief medical examiners shall be carried out in accordance with the guidelines of the Civil Aviation Authority of Vietnam.

4. In addition to complying with the provisions set forth in this section, healthcare facilities holding the AMC certificate must also ensure compliance with the standards for healthcare facilities conducting health examination and assessment for aviation staff established by the Ministry of Health.

Article 70. Loss of Effectiveness of the AMC Certificate

1. The Civil Aviation Authority of Vietnam may refuse, suspend, withdraw, or terminate the effectiveness of the AMC certificate if the health examination facility:

a) Does not meet, or no longer meets, the requirements for issuance of the AMC certificate; or

b) Submits incomplete, inaccurate, or fraudulent information; or

c) Conducts health examination, assessment, reporting, and record-keeping in an untruthful manner or with serious errors.

2. Suspension, withdrawal, or termination of the effectiveness of the AMC certificate will be widely publicized and made public.

Article 71. Headquarters and Branches of AMC

1. Healthcare facilities holding the AMC certificate must have their main office located at the address stated on the AMC certificate. The main office cannot be shared or used by another organization holding an AMC certificate.

2. Healthcare facilities holding the AMC certificate may conduct health examination and assessment at branch locations if:

a) There is a medical examiner from the facility present at the branch location and able to carry out any part of the health examination and assessment program;

b) The facilities, equipment, and personnel meet current requirements;

c) Medical examiners and staff at the branch location are directly supervised and managed by the main office of the AMC;

d) There is a process ensuring that health examination and assessment at the branch location achieve the same level of quality as at the main office;

e) The Civil Aviation Authority of Vietnam has been notified in writing about the branch location at least 30 days before it begins conducting health examination and assessment activities.

Article 72. Management Board and Medical Examiner of the Facility Issued with AMC Certificate

The facility issued with an AMC certificate must meet the following conditions regarding the management board and medical examiner:

1. There must be a manager with the capacity and authority to ensure that the facility's operations comply with all regulations and requirements approved by the Civil Aviation Administration of Vietnam.

2. The medical examiner must be a physician with the appropriate professional qualifications to conduct health checks and assessments for aviation personnel, approved by the Civil Aviation Administration of Vietnam.

3. The Chief Medical Examiner must be approved by the Civil Aviation Administration of Vietnam. The Chief Medical Examiner is responsible for the work of the medical examiners and other healthcare staff involved in the health check and assessment process, signing the report on the results of these checks and assessments.

Article 73. Requirements for Healthcare Personnel of the Facility Issued with AMC Certificate

The facility issued with an AMC certificate must meet the following conditions regarding healthcare personnel:

1. Healthcare personnel recruited must have the necessary professional qualifications to conduct health checks and assessments and be approved by the Civil Aviation Administration of Vietnam.

2. All healthcare personnel must undergo basic training and ongoing training appropriate to their assigned tasks and be responsible for health assessment work.

3. The person responsible for maintaining health records must sign a confidentiality agreement related to the contents of these records. The confidentiality agreement will be kept together with the individual personnel file of each healthcare worker.

Article 74. Requirements for Equipment and Facilities of the Facility Issued with AMC Certificate

The facility issued with an AMC certificate must meet the following conditions regarding equipment and facilities:

1. The facility, equipment, and examination rooms must be suitable and hygienic to conduct health checks and assessments.

2. There must be a separate office and secure storage facilities for health records to ensure their safety.

3. All operational and testing equipment required according to the ICAO Civil Aviation Medical Manual must always be available to effectively perform each stage of the health check and assessment process.

4. Measuring devices, size determination tools, and their software must be calibrated as prescribed.

Article 75. Quality Assurance System of AMC

1. The facility issued with an AMC certificate must maintain a quality assurance system approved by the Civil Aviation Administration of Vietnam to ensure that all equipment, personnel, health assessment work, and data files comply with all relevant regulations.

2. To meet the requirement set forth in Clause 1 of this Article, the facility issued with an AMC certificate may engage a certified quality inspection organization authorized by the competent state agency to carry out inspections.

Chapter 6.

IMPLEMENTING PROVISIONS

Article 76. Implementation Organization

The Civil Aviation Administration of Vietnam is responsible for guiding, implementing, inspecting, supervising, and auditing the implementation of this Regulation.

Article 77. Amendment and Supplement

The Civil Aviation Administration of Vietnam is responsible for submitting proposals to amend and supplement this Regulation to the Minister of Transport when necessary./.