Circular No. 10/2018/TT-BGTVT on aviation staff; training, instruction, and examination of aviation staff.

CIRCULAR

Regulations on aviation staff;

training, instruction, and examination of aviation staff

Pursuant to the Civil Aviation Law of Vietnam No. 66/2006/QH11 dated June 29, 2006;1Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam No. 61/2014/QH13 dated November 21, 2014;No. 61/2014/QH13 dated November 21, 2014;

Pursuant to Decree No. 66/2015/NĐ-CP dated August 12, 2015 of the Government stipulating regulations on Civil Aviation Authorities;

Pursuant to Decree No. 92/2016/NĐ-CP dated July 1, 2016 of the Government stipulating regulations on business sectors and trades with conditions in the civil aviation sector;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;7/The Minister of Transport issues this Circular regulating aviation staff; training, instruction, and examination of aviation staff.

At the proposal of the Director of the Department of Personnel and the Director of the Civil Aviation Authority of Vietnam;

2. AFTN (Aeronautical Fixed Telecommunication Network): fixed air telecommunications network.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates regulations on aviation staff; training, instruction, and examination of aviation staff.

Article 2. Applicability

This Circular applies to aviation staff, organizations, and individuals related to the work of training, instruction, and examination of aviation staff.

Article 3. Abbreviations

In this Circular, the following abbreviations shall be understood as follows:

1. ADS-B (Automatic Dependent Surveillance - Broadcast): Automatic dependent surveillance - broadcast mode.

7. CNS (Communication, Navigation, Surveillance): air communication, navigation, surveillance.

4. AIS (Aeronautical Information Service): Aeronautical information service.

5. AMHS (Air Traffic Service Message Handling System): Air traffic service message handling system.

6. ATFM (Air Traffic Flow Management): Air traffic flow management.

7. CNS (Communication, Navigation, Surveillance): Communication, navigation, and surveillance.

11. HF A/G (High Frequency Air/Ground): shortwave air-ground communication.

10. GBAS (Ground Based Augmentation System): Ground-based augmentation system.

11. HF A/G (High Frequency Air/Ground): High frequency air-ground communication.

12. IATA (International Air Transport Association): International Air Transport Association.

12. IATA (International Air Transport Association): International Air Transport Association.

23. VOR (Very High Frequency Omnidirectional Radio Range): very high frequency omnidirectional radio range station.

17. NOTAM (Notice to Airmen): Notice to airmen.

18. OJT (On-Job-Training): On-the-job training.

19. PSR (Primary Surveillance Radar): Primary surveillance radar.

20. RDP (Radar Data Processing): Radar data processing.

21. SSR (Secondary Surveillance Radar): Secondary surveillance radar.

22. VHF A/G (Very High Frequency Air/Ground): Very high frequency air-ground communication.

23. VOR (Very High Frequency Omnidirectional Radio Range): Very high frequency omnidirectional radio range.

24. VCCS (Voice Communication Control System): Voice communication control system.

1. Competence certification means the certification of professional competence of aviation staff meeting the conditions to perform duties according to the position recorded in the aviation staff license.

2. Initial training program means the training program including two parts: general knowledge about civil aviation and aviation staff operations. After completing this program, trainees will be awarded a professional certificate.

24. VCCS (Voice Communication Control System): voice communication control system.

2. Initial training program is a training program consisting of two parts: general knowledge about civil aviation and aviation staff duties. Upon completion of this program, trainees will be issued a professional certificate.

In this Circular, the following terms are understood as follows:

7. Familiarization flight training program means the training program for air traffic controllers to understand the activities of the cockpit crew during commercial flights.

3. Periodic retraining program is a training program for aviation staff who have been issued a professional certificate to participate in the qualification examination according to regulations in their respective fields.

4. Regular training program is a training program to review previously learned knowledge and update new specialized knowledge in aviation for aviation staff to maintain their qualifications at their current positions.

8. Aviation staff vocational training facility (referred to as training facility) is a facility that meets the conditions for conducting vocational training and instruction for aviation staff in accordance with laws on conditional business sectors in the field of civil aviation.

5. The refresher training program is a training program for aviation staff who have taken a break exceeding the prescribed time to restore their ability to meet professional job requirements.

6. The type conversion training program is a training program for aviation staff when changing professional positions or designated positions.

7. The familiarization flight training program is a training program for air traffic control personnel to understand the operations of the flight crew in the cockpit during commercial flights.

9. Aviation staff examination is the process of testing to issue licenses, designated professional qualifications, or evaluating to issue English proficiency certificates for aviation staff.

2. Conversion of teaching time: one theoretical hour equals 45 minutes; one practical hour equals 60 minutes.

1. Flight crew member.

Chapter II

AIRCRAFT PERSONNEL

Article 6. Positions of aircraft personnel

2. Flight training instructor.

3. Cabin crew.

4. Aircraft maintenance and repair personnel.

5. Air traffic control and operation personnel.

6. Ground control personnel.

7. Aviation news announcer.

8. Map, diagram, and aviation data personnel.

9. Air traffic information, guidance, and surveillance personnel.

10. Aviation meteorology personnel.

11. Flight procedure design personnel.

12. Civil aviation search and rescue personnel.

13. Aviation security personnel.

14. Aircraft equipment control and operation personnel operating within restricted areas of airports.

15. Ground service personnel for flights.

16. Rescue and firefighting personnel at airports.

Article 7. Duties according to positions of aircraft personnel

2. Staff operating aviation equipment and vehicles in restricted areas of airports and airfields perform tasks such as controlling and operating aviation equipment and vehicles in restricted areas of airports and airfields as prescribed in specialized legal documents on airport management and operation.

3. Ground service staff serving flights perform tasks such as supervising ground services for flights; checking and processing passenger, baggage, and cargo transportation procedures at airports and airfields; balancing aircraft weight; inspecting dangerous goods before loading onto aircraft; cleaning aircraft; guiding loading; loading and unloading baggage and cargo onto and off aircraft.

4. Rescue and firefighting personnel at airports perform rescue and firefighting duties in case of accidents or incidents at airports.

1. Aviation staff specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Article 6 of this Circular must meet the standards prescribed in specialized legal documents on aviation concerning aircraft, aircraft operation, management, and flight safety assurance.

Article 8. Qualifications of aircraft personnel

c) For aviation staff specified in Clause 14 of Article 6 of this Circular, they must be issued an aviation equipment operation permit by the Civil Aviation Authority of Vietnam.

2. Aircraft personnel specified in Clause 13 of Article 6 of this Circular must meet the following standards:

a) Be a Vietnamese citizen aged 18 or older with a clear record, good health, and a high school diploma or higher;

b) Have no criminal record as prescribed by law; not use drugs or stimulants;

c) Hold an aviation security personnel license issued by the Civil Aviation Administration of Vietnam.

3. Aircraft personnel specified in Clauses 14, 15, and 16 of Article 6 of this Circular must meet the following standards:

a) Be a Vietnamese or foreign citizen aged 18 or older with a clear record, good health, and a high school diploma or higher;

b) Have no criminal record as prescribed by law; not use drugs or stimulants;

2. The professional certificates specified in points b, c, and d of Clause 1 of this Article shall only be recognized in Vietnam under the condition that the holder has completed supplementary training on contents not covered in the initial vocational training program at a training facility licensed by the Civil Aviation Authority of Vietnam.

d) For aircraft personnel specified in Clauses 15 and 16 of Article 6 of this Circular, they must have a professional qualification certificate as prescribed in Clause 1 of Article 9 of this Circular.

Article 9. Professional Certificate and English Proficiency Certificate

1. The professional certificate prescribed in this Circular includes one of the following types:

a) A certificate of completion of the initial aviation training program issued by a training institution licensed by the Civil Aviation Authority of Vietnam according to Model 01 attached to this Circular;

b) A certification from a training institution recognized by ICAO and IATA; or a foreign training institution recognized by the Civil Aviation Authority of Vietnam pursuant to Article 14 of this Circular;

c) A certification of control and operation of specialized aviation equipment issued by the production and manufacturing facility of such equipment;

d) A diploma or certificate of completion of the basic aviation training program issued by a training institution in Vietnam in accordance with higher education and vocational education laws.

1. Conditions for issuing an aviation staff license:

3. The English proficiency certificate for aviation staff prescribed in this Circular shall be issued by the Director of the Civil Aviation Authority of Vietnam according to Model 02 attached to this Circular.

Article 10. Aviation Staff License

b) Participating in and passing the aviation staff license and qualification examination organized by the Civil Aviation Authority of Vietnam.

3. Aviation staff positions specified in Clauses 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of Article 6 of this Circular must carry their valid aviation staff licenses when performing their duties.

2. An aviation staff license shall include the following contents:

a) National emblem of the Socialist Republic of Vietnam;

b) Issuing authority;

c) Name of the license;

d) License number;

đ) Date of issue and validity period of the license (if applicable);

e) Full name, date of birth, place of birth, address, nationality of the licensee;

g) Position;

h) Signature of the licensee and stamp of the issuing authority;

i) The back of the license shall be stamped with a security seal;

k) Other requirements as stipulated in specific aviation regulations.

1. The list of aviation staff licenses and qualifications is set out in Appendix 03 attached to this Circular.

4. Aviation staff who do not fall under the category specified in Clause 3 of this Article must carry a relevant professional certificate while performing their duties.

Article 11. List and Validity Period of Aviation Staff Licenses and Positions

1. The list of licenses and staffing regulations for civil aviation is specified in Appendix 03 attached to this Circular.

2. An aviation staff license is valid only when its position remains valid; specifically, the license prescribed in Clause 14 of Article 6 of this Circular is valid for 07 (seven) years.

Chapter II

TRAINING AND SKILL DEVELOPMENT FOR AVIATION STAFF

Article 12. Training and Skill Development Programs for Aviation Staff

1. The training and skill development programs for aviation staff include:

a) Initial vocational training program to obtain a professional certificate;

b) Skill development training program for aviation staff;

c) Refresher training program for aviation staff;

d) Type conversion training program for aviation staff;

đ) Regular training program for aviation staff;

e) Familiarization flight training program for air traffic controllers.

Article 13. Textbooks for training and instructing aviation staff

Training materials for air traffic personnel training and instruction shall be issued by the training institution and must comply with the training and instruction programs prescribed in Clause 2 of Article 12 and Clause 1 of Article 21 of this Circular.

Article 14. Recognition of foreign training institutions for training and instructing aviation staff

The Civil Aviation Authority of Vietnam shall recognize foreign training institutions based on specialized aviation regulatory documents and international treaties to which the Socialist Republic of Vietnam is a party, for the purpose of training and instructing Vietnamese air traffic personnel.

A training institution is permitted to conduct online theoretical training when it meets the following requirements:

1. The instructor must have the ability to organize and manage the class and possess skills for online teaching.

2. The training materials and electronic documents must be consistent with the training and instruction programs prescribed in Clause 2 of Article 12 and Clause 1 of Article 21 of this Circular.

3. Physical facilities, equipment, and technology must meet the requirements for online teaching, including an online training portal, server system, and network infrastructure.

4. There must be a process for organizing and conducting online training.

Chapter IV

EXAMINATION OF AVIATION STAFF

Article 16. Examination Board

1. The Director of the Civil Aviation Authority of Vietnam shall establish the Examination Board to organize examinations in each specialized field and English proficiency level for issuing licenses and qualifications to aviation staff.

2. The Civil Aviation Authority of Vietnam is permitted to utilize facilities and experts from domestic and foreign organizations to organize examinations for aviation staff.

3. The Examination Board must have at least two-thirds of its members present to conduct work; decisions are made by majority vote; in case of equal opinions among members, the decision will be based on the conclusion of the Chairman of the Examination Board.

1. To develop and promulgate regulations governing the operations of the Examination Board.

2. To establish Examination Teams in each specialized field and English proficiency level.

3. To organize the development of examination plans, examination procedures, examination contents, questions and answers for approval and issuance by the Director of the Civil Aviation Authority of Vietnam.

4. To organize examinations and report the results to the Director of the Civil Aviation Authority of Vietnam for issuing licenses, qualifications, and English proficiency certificates to aviation staff.

5. The Chairman of the Examination Board is responsible for selecting examiners and examination results before the Director of the Civil Aviation Authority of Vietnam.

1. Prepare examination questions, answers, and grading scales, and report to the Examination Board.

2. Conduct professional examinations, English proficiency tests, and re-examinations if necessary.

3. Compile examination results and report to the Examination Board.

4. The Examination Team Leader is responsible for the examination results before the Examination Board.

Article 19. Qualifications of Examiners

1. Professional examiners must meet the following criteria:

a) Have good political ideology and moral conduct, without disciplinary violations in the last three years;

b) Hold a degree or certificate in a relevant specialized field;

c) Have at least three years of experience working in a position related to the specialized field they are involved in examining.

2. English language examiners must meet one of the following criteria:

a) Be a specialist in the relevant aviation field with at least five years of experience, holding a bachelor's degree in English or equivalent, and possessing an aviation English assessment certificate recognized by a training institution accredited by ICAO or the Civil Aviation Authority of Vietnam;

b) Be an English teacher with at least five consecutive years of teaching experience at universities, holding an aviation English assessment certificate recognized by a training institution accredited by ICAO or the Civil Aviation Authority of Vietnam.

Chapter V

IMPLEMENTING PROVISIONS

Article 20. Responsibilities of Training and Vocational Training Institutions for Aviation Personnel

1. Report to the Civil Aviation Authority of Vietnam on any changes to the contents of the application for certification of eligibility for air traffic personnel training and instruction as required by specialized aviation laws.

3. Implement training and vocational training for aviation personnel and issue professional certificates in accordance with this Circular.

4. Develop measures to improve the quality of training and vocational training for aviation personnel.

6. Retain training and vocational training records for aviation personnel in accordance with legal provisions on record keeping.

7. Be subject to inspection and supervision by the Ministry of Transport, the Civil Aviation Authority of Vietnam, and competent state agencies as prescribed by current regulations.

Article 21. Responsibilities of the Civil Aviation Authority of Vietnam

2. Inspect and supervise examinations, issuance of licenses, certification of professional qualifications, and certification of English proficiency for aviation personnel.

3. Establish databases and invest in equipment, facilities, and information technology applications to manage aviation personnel, training institutions, and examination centers for aviation personnel.

Article 22. Transitional provisions

Training institutions that have been granted certificates by the Civil Aviation Authority of Vietnam are responsible for completing the training and instruction programs and materials as prescribed in this Circular within six months from the date this Circular takes effect.

Article 23. Effectiveness of Implementation

This Circular takes effect from May 10, 2018, and replaces Circular No. 61/2011/TT-BGTVT dated December 21, 2011, issued by the Minister of Transport regarding air traffic personnel, training and instruction institutions, and English proficiency assessment institutions for air traffic personnel.

Article 24. Responsibility for Implementation

The Director of the Office of the Ministry, the Inspector General of the Ministry, Heads of Departments, Directors of the Civil Aviation Authority of Vietnam, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.