Circular No. 11/2011/TT-BGTVT on amending and supplementing certain articles of Decision No. 19/2007/QĐ-BGTVT dated April 4, 2007 of the Minister of Transport on aviation staff and training institutions for aviation staff.

SIGNATUREÔREG TAMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 16/2025/TT-BCT DATED FEBRUARY 1, 2025 OF THE MINISTER OF INDUSTRY AND TRADE ON THE OPERATION OF THE COMPETITIVE WHOLESALE ELECTRICITY MARKET

REGARDING AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECISION NO. 19/2007/QĐ-BGTVT DATED APRIL 4, 2007 OF THE MINISTER OF TRANSPORTATION ON AIRCRAFT PERSONNEL AND TRAINING INSTITUTIONS FOR AIRCRAFT PERSONNEL

WHEREAS, Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulates the functions, tasks, powers, and organizational structure of the Ministry of Transportation,
THE MINISTER OF TRANSPORTATION ISSUES THE FOLLOWING PROVISIONS:

___________________________

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

Article 1. Amend and supplement certain articles of Decision No. 19/2007/QĐ-BGTVT dated April 4, 2007 of the Minister of Transportation on aircraft personnel and training institutions for aircraft personnel as follows:

"Article 6. Procedures for issuing aircraft personnel licenses

1. The person requesting an aircraft personnel license must submit one set of application documents directly or through postal service to the Civil Aviation Authority of Vietnam, including the following documents:

1. Businesses wishing to enjoy the preferential tax treatment provided by Japan under the tariff quota for natural honey imports into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership must submit their application at the licensing authority (Provincial People's Committee) where the exporting business is headquartered to be confirmed.

a) An application form for an aircraft personnel license according to the model prescribed in relevant specialized regulations concerning the procedures for issuing aircraft personnel licenses for specific positions;

b) A copy of the relevant academic certificates and professional qualifications;

c) Two color photographs measuring 3 x 4 cm, taken within six months, in the format of a national identity card; d) Other documents as prescribed in relevant specialized regulations concerning civil aviation." 2. Within thirty days from the date of receipt of complete application documents, the Civil Aviation Authority of Vietnam shall organize examinations and issue aircraft personnel licenses to those who meet the requirements. 3. In case the application documents are incomplete, the Civil Aviation Authority of Vietnam must notify the applicant in writing about the missing information within three working days from the date of direct submission or the postmark date, and request the applicant to supplement the documents.;

During the review process, if the documents do not comply with the regulations, the Civil Aviation Authority of Vietnam will require the applicant to further complete the documents. The time for issuing the aircraft personnel license will be calculated from the date when the documents are completed in accordance with the regulations."

2. Amend Article 8 as follows:

"Article 8. Validity period and effectiveness of aircraft personnel licenses

1. The maximum validity period of an aircraft personnel license is seven years and can be renewed.

2. The license is only valid for use when the qualification remains effective (applicable to aircraft personnel positions that require qualifications)."

"Article 9. Qualifications for aircraft personnel

2. The validity period of qualifications is specified as follows:

a) Thirty-six months for flight instructors;

b) Twenty-four months for personnel operating equipment and facilities at airports; aircraft maintenance and repair personnel; air traffic control personnel; air navigation personnel performing air navigation instructor duties; air traffic control, communication, surveillance personnel (excluding those performing shortwave radio communication operations and calibration flight duties);

c) Twelve months for other aircraft personnel.

3. Amend and supplement Article 9 as follows:

3. Initial qualifications are issued together with the aircraft personnel license according to the procedures and formalities prescribed in Article 6 of this Decision.

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

4. When the qualifications of aircraft personnel expire, if the holder wishes to renew them, they must submit one set of application documents directly or through postal service to the Civil Aviation Authority of Vietnam. The application includes the following documents:

a) An application form for extending qualifications for aircraft personnel according to the model prescribed in relevant specialized regulations concerning the extension of qualifications for aircraft personnel for specific positions;

b) A copy of the relevant training results;

c) Other documents as prescribed in relevant specialized regulations concerning civil aviation.

Within twenty days from the date of receipt of complete application documents, the Civil Aviation Authority of Vietnam shall organize examinations and extend the qualifications for the applicant."

"Article 11. Reissuing aircraft personnel licenses

1. Licenses are reissued in cases where the original license has expired, been lost, torn, or damaged. d) Other documents as prescribed in relevant specialized regulations concerning civil aviation." Application documents for reissuing an aircraft personnel license in the case of expiration include: 3. In case the application documents are incomplete, the Civil Aviation Authority of Vietnam must notify the applicant in writing about the missing information within three working days from the date of direct submission or the postmark date, and request the applicant to supplement the documents.;

a) An application form for reissuing an aircraft personnel license according to the model prescribed in relevant specialized regulations concerning the reissuance of aircraft personnel licenses for specific positions;

b) A copy of the relevant training results.

Within twenty days from the date of receipt of complete application documents, the Civil Aviation Authority of Vietnam shall organize examinations and reissue the license for the applicant.”

4. Amend and supplement Article 11 as follows:

3. Application documents for reissuing an aircraft personnel license in the case of loss, tearing, or damage include:

a) An application form for reissuing an aircraft personnel license according to the model prescribed in relevant specialized regulations concerning the reissuance of aircraft personnel licenses;

2. b) The original (in the case of tearing or damage). Within ten days from the date of receipt of complete application documents, the Civil Aviation Authority of Vietnam shall reissue the license for the applicant."

"Article 18. Issuing certificates of eligibility for training institutions for aircraft personnel Article 2. Effectiveness of enforcement 1. Training institutions for aircraft personnel must submit one set of application documents directly or through postal service to the Civil Aviation Authority of Vietnam. The application includes the following documents:;

a) An application form for a certificate of eligibility for a training institution for aircraft personnel as prescribed in Appendix I attached to this Decision;

2. Amend Article 8 as follows:

"Article 8. Validity period and effectiveness of aircraft personnel licenses

b) A copy of the business registration certificate or equivalent documents issued by the competent authority in accordance with the law (in the case of a legal entity training institution).

In the case of a training institution under a legal entity, in addition to the copy of the business registration certificate or equivalent documents, a copy of the decision establishing the training institution issued by the legal entity must also be submitted."

"Article 18. Issuing certificates of eligibility for training institutions for aircraft personnel Article 2. Effectiveness of enforcement mẫu được quy định trong các văn bản quy phạm pháp luật chuyên ngành liên quan đến thủ tục cấp lại giấy phép nhân viên hàng không;

b) Bản gốc (trường hợp giấy phép bị rách, hỏng);

c) Two color photographs measuring 3 x 4 cm, taken within six months, similar to an identity card photograph.

Trong thời hạn mười ngày, kể từ ngày nhận hồ sơ đầy đủ theo quy định, Cục Hàng không Việt Nam cấp lại giấy phép cho người đề nghị.”

5. Amend Article 18 as follows:

“Điều 18. Cấp giấy chứng nhận cơ sở đủ điều kiện đào tạo, huấn luyện nghiệp vụ nhân viên hàng không

1. Cơ sở đào tạo, huấn luyện nghiệp vụ nhân viên hàng không phải gửi một bộ hồ sơ đề nghị trực tiếp hoặc qua đường bưu điện đến Cục Hàng không Việt Nam. Hồ sơ bao gồm các tài liệu sau:

a) Đơn đề nghị cấp giấy chứng nhận cơ sở đủ điều kiện đào tạo, huấn luyện nghiệp vụ nhân viên hàng không theo quy định tại Phụ lục I ban hành kèm theo Quyết định này;

b) Bản sao giấy chứng nhận đăng ký kinh doanh hoặc các giấy tờ có giá trị tương đương của pháp nhân do cơ quan có thẩm quyền cấp theo quy định của pháp luật (trường hợp cơ sở đào tạo, huấn luyện là pháp nhân).

Trường hợp cơ sở đào tạo, huấn luyện nghiệp vụ nhân viên hàng không là tổ chức trực thuộc pháp nhân thì ngoài bản sao giấy chứng nhận đăng ký kinh doanh hoặc các giấy tờ có giá trị tương đương của pháp nhân phải kèm theo bản sao Quyết định thành lập cơ sở đào tạo, huấn luyện do pháp nhân cấp;

c) Training program for aviation staff vocational training;

d) List of instructors along with copies of relevant certificates and diplomas of the instructors;

đ) Report on facilities: classrooms, equipment, workshops, or practical training sites corresponding to the training content;

e) Report on textbooks and teaching materials (including both theoretical and practical components) related to each subject;

g) Report on the organizational structure, staffing, and management documents for aviation staff vocational training;

2. Within thirty days from the date of receiving a complete application file as prescribed, the Civil Aviation Authority of Vietnam shall review the application file;inspect the actual conditions of the facility to assess and issue a certificate confirming eligibility for aviation staff vocational training to the requesting entity;3. In case the application file is not complete as prescribed,

within three working days from the date of direct receipt of the file or the postmark date, the Civil Aviation Authority of Vietnam must notify in writing about the incomplete contents and request the applicant to supplement and complete the file. đầy đủ theo quy định, trong thời hạn ba ngày làm việc, kể từ ngày nhận hồ sơ trực tiếp hoặc ngày ghi trên dấu bưu điện đến, Cục Hàng không Việt Nam phải thông báo bằng văn bản về những nội dung chưa đầy đủ, yêu cầu người đề nghị bổ sung hoàn chỉnh hồ sơ.

During the review process, if the content of the application file does not meet the prescribed requirements, the Civil Aviation Authority of Vietnam will require the applicant to continue to perfect the file. The time for issuing the certificate confirming eligibility for aviation staff vocational training shall be calculated from the date when the file is completed according to the regulations."

6. Amend Article 19 as follows:

Article 19. Recognition of foreign training institutions for aviation staff vocational training

1. The Civil Aviation Authority of Vietnam shall decide to recognize foreign training institutions for aviation staff vocational training when they meet the conditions stipulated in Articles 13, 14, 15, 16, and 17 of this Decision and other relevant legal documents.

2. The procedures and formalities for recognizing foreign training institutions for aviation staff vocational training shall be carried out in accordance with the procedures and formalities for issuing a certificate confirming eligibility for aviation staff vocational training as stipulated in Article 18 of this Decision and other relevant legal documents.

3. Professional certificates issued by the training institutions recognized under Clause 1 of this Article, which are listed in the International Civil Aviation Organization's Aviation Training Directory (ICAO), and the production and manufacturing facilities for appropriate equipment and means, shall be recognized by the Civil Aviation Authority of Vietnam." được Cục Hàng không Việt Nam công nhận.”

7. Supplement Article 19a and Article 19b after Article 19 as follows:

Article 19a. Procedures and Formalities for Issuing a Certificate Confirming Eligibility for Assessing English Proficiency Levels

1. The applicant for a certificate confirming eligibility for assessing English proficiency levels for aviation staff must submit one set of application files directly or through postal service to the Civil Aviation Authority of Vietnam. The application file includes the following documents:

a) Application form for a certificate confirming eligibility for assessing English proficiency levels for aviation staff according to the model prescribed in Appendix II attached to this Decision;

b) Copy of business registration certificate or equivalent documents of the legal entity issued by the competent authority in accordance with the law (in case the assessment institution is a legal entity);

In case the English proficiency level assessment institution for aviation staff is a subordinate organization of a legal entity, in addition to the copy of the business registration certificate or equivalent documents of the legal entity, it must also include a copy of the establishment decision of the English proficiency level assessment institution for aviation staff issued by the legal entity;

c) Program for assessing English proficiency levels in accordance with ICAO requirements;

d) List of assessors meeting the required standards of ICAO along with copies of relevant certificates;

đ) Report on facilities of the assessment institution: testing and evaluation rooms; testing and evaluation equipment suitable for the purpose;

e) Report on the organizational structure, staffing, and management documents of the institution for assessing English proficiency levels for aviation staff.

2. Within thirty days from the date of receiving a complete application file as prescribed, the Civil Aviation Authority of Vietnam shall review the application file;inspect the actual conditions of the facility to assess and issue a certificate confirming eligibility for aviation staff vocational training to the requesting entity;issue or recognize a certificate confirming eligibility for assessing English proficiency levels for the requesting entity.

2. The license is only valid for use when the qualification remains effective (applicable to aircraft personnel positions that require qualifications)."

During the review process, if the content of the application file does not meet the prescribed requirements, the Civil Aviation Authority of Vietnam will require the applicant to continue to perfect the file. The time for issuing or recognizing a certificate confirming eligibility for assessing English proficiency levels for aviation staff shall be calculated from the date when the file is completed according to the regulations.

4. The certificate confirming eligibility for assessing English proficiency levels for the assessment institution has effect from the date of issuance and terminates its validity in the following cases:

a) At the request of the entity that has been granted or recognized the certificate confirming eligibility for assessing English proficiency levels for aviation staff;

b) Failure to maintain the required operational conditions as approved by the Civil Aviation Authority of Vietnam when issuing the certificate;

c) The assessment institution operates outside the scope specifiedin the issued certificate. ghi trong giấy chứng nhận đã được cấp.

Article 19b. Procedures and formalities for recognizing certificates of qualification to assess English language proficiency

1. The Civil Aviation Authority of Vietnam shall decide to recognize foreign assessment organizations of English language proficiency for aviation personnel when they meet the conditions stipulated by ICAO for issuing certificates of qualification to assess English language proficiency for aviation personnel and other relevant legal documents.

2. The results of assessing English language proficiency for aviation personnel by the assessment organization specified in Clause 1 of this Article shall be recognized by the Civil Aviation Authority of Vietnam.

3. The procedures for recognizing foreign assessment organizations of English language proficiency shall be carried out according to the procedures for issuing certificates of qualification to assess English language proficiency prescribed in Article 19a of this Decision and other relevant legal documents.

8. Supplement Appendix I and Appendix II to Decision No. 19/2007/QĐ-BGTVT dated April 4, 2007 as follows:

a) Appendix I: Sample application form for issuance and recognition of certificates of qualification for training institutions for aviation personnel;

b) Appendix II: Sample application form for issuance and recognition of certificates of qualification for assessment organizations of English language proficiency for aviation personnel.

Article 2. Effective Date

This Circular shall take effect 45 days from the date of signature.

Article 3. Responsibility for Implementation

The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Civil Aviation Authority of Vietnam, Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.