Decision No. 19/2007/QĐ-BGTVT on aviation staff and training institutions for aviation staff

DECISION

Regarding aviation staff and training institutions,vocational training for aviation staff

_______________________________

MINISTER OF TRANSPORT

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

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

At the proposal of the Director of the Cadre Organization Department and the Director of the Civil Aviation Administration of Vietnam.

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decision stipulates the titles, duties according to titles, standards, and conditions of aviation staff; standards and procedures for issuing and recognizing professional licenses and certificates of aviation staff; standards and training programs of training institutions providing vocational training for aviation staff; labor regulations and special labor discipline for aviation staff.

Chapter II

TITLES, DUTIES, LICENSES AND PROFESSIONAL CERTIFICATES OF AVIATION STAFF

SPECIALIST AIRCRAFT STAFF

Article 2. Titles of aviation staff

1. The titles of aviation staff include:

a) Flight crew members;

b) Flight training instructors;

c) Cabin crew;

d) Aircraft maintenance and repair personnel;

đ) Ground handling personnel;

e) Air traffic information personnel;

g) Air traffic control, guidance, and surveillance personnel;

h) Aviation meteorological personnel;

i) Flight scheduling and operation personnel;

k) Personnel controlling and operating equipment at the airport area;

l) Aviation security personnel;

m) Ground service personnel supporting flights.

2. Aviation staff must meet the following standards and conditions:

a) Hold a professional certificate issued by a training institution providing vocational training for aviation staff;

b) Meet the specified professional standards;

c) Have completed the required internship and training period;

d) Be in good health and meet the age requirements.

Article 3. Duties according to titles of aviation staff

1. Flight crew members perform the task of piloting aircraft and ensuring flight safety.

2. Flight instructors perform the task of practical flight training for flight crew members.

3. Cabin crew members ensure passenger safety during flights and provide services on board the aircraft as assigned by the aircraft operator or the aircraft commander but shall not perform flight crew member duties.

4. Aircraft maintenance and repair personnel perform the task of maintaining and repairing aircraft.

5. Air traffic controllers perform the following tasks for flights:

a) Air traffic control including ground control, airport control, approach control, and long-range control;

b) Flight information service;

c) Advisory air traffic service;

d) Alerting service.

6. Air navigation information personnel perform the task of collecting, processing, providing, and exchanging air navigation information services for domestic and foreign organizations and individuals as prescribed.

7. Air traffic communication, navigation, and surveillance personnel perform the task of operating fixed air telecommunications network transmission equipment (AFTN), high-frequency air-ground communication equipment (HF A/G), very-high-frequency communication equipment (VHF), calibrating and testing navigation aids, air traffic surveillance, and maintaining communication, navigation, and surveillance equipment.

8. Aviation meteorological personnel perform the task of operating and maintaining meteorological equipment; collecting, analyzing, and processing meteorological data, preparing weather forecasts and warnings; providing meteorological information to relevant organizations and individuals involved in flight operations.

9. Flight scheduling and operation personnel perform the task of planning flights for aircraft operators and assisting flight crews during flight execution.

10. Personnel controlling and operating equipment at the airport area perform the task of controlling and operating equipment serving departing and arriving flights at airports.

11. Aviation security personnel are responsible for inspecting and supervising aviation security in restricted areas of airports; maintaining public order in public areas of airports; patrolling and guarding the perimeter of airports, restricted areas within airports, and parked aircraft; ensuring flight security.

12. Ground service personnel supporting flights perform the task of checking and processing passenger, baggage, and cargo transportation procedures at airports; balancing aircraft weight, inspecting dangerous goods before loading onto aircraft; cleaning aircraft; loading and unloading baggage and cargo onto and off aircraft.

Licenses of aviation staff

Article 4. 1. The following aviation staff must hold a license when performing their duties:

a) Aviation staff specified in points a, b, c, d, đ, e, h, i, k, and l Clause 1 Article 2 of this Decision;

b) Air traffic communication, navigation, and surveillance personnel specified in point g Clause 1 Article 2 of this Decision working in positions: operating AFTN transmission equipment, operating HF A/G communication equipment, operating VHF communication equipment, calibrating and testing navigation aids, air traffic surveillance, and maintaining communication, navigation, and surveillance equipment.

2. Standards for issuing aviation staff licenses include:

a) Meeting the standards and conditions stipulated in Clause 2 Article 2 of this Decision;

b) Participating in and passing the examination for issuing the license.

Professional certificates of aviation staff

Article 5. 1. Aviation staff who are not subject to the provisions of Clause 1 Article 4 of this Decision must hold a professional certificate issued by a training institution providing vocational training for aviation staff when performing their duties.

2. Standards for issuing professional certificates for aviation staff include:

a) Being trained in specialized vocational training at a training institution recognized by the Civil Aviation Administration of Vietnam as having the necessary conditions for vocational training for aviation staff or being accredited;

b) Participating in and passing the final examination organized by the training institution providing vocational training for aviation staff.

3. Procedures for issuing professional certificates for aviation staff are carried out in accordance with the laws on education and training.

Procedures for issuing aviation staff licenses

Article 6. PROCEDURE FOR ISSUING AIRCRAFT STAFF LICENSES

1. The person requesting the issuance of a permit must submit the application dossier for the permit to the Vietnam Civil Aviation Authority. The application dossier for the permit includes the following documents:

a) An application form for the permit;

b) A curriculum vitae with attached photograph and confirmation from the head of the unit or local authority;

c) Relevant diplomas and certificates;

d) Relevant professional certificates;

đ) A health certificate that meets the requirements;

2. The Vietnam Civil Aviation Authority establishes a Permit Issuance Examination Board suitable for the position of aviation staff when there is a need for examination (hereinafter referred to as the Examination Board).

3. Within sixty days from the date of receiving the complete application dossier from the person requesting the issuance of the permit, the Examination Board is responsible for reviewing the dossier, organizing the examination, and reporting the results to the Director of the Vietnam Civil Aviation Authority.

4. The Director of the Vietnam Civil Aviation Authority decides on the issuance of the permit for aviation staff within fifteen days from the date of receiving the report on the results of the Examination Board.

Article 7. Examination Board

1. The Examination Board carries out the examination for issuing new permits, reissuing permits, and certifying qualifications for aviation staff.

2. The members of the Examination Board include the Chairman, Vice-Chairman, and members of the Board.

3. The Examination Board has the following tasks:

a) Establishing the operating regulations of the Board;

b) Establishing the content of the examination, test questions, and answers to be submitted to the Director of the Vietnam Civil Aviation Authority for approval;

c) Implementing the tasks stipulated in Clause 3 of Article 6 of this Decision.

4. The Examination Board operates based on the principle of majority rule; meetings of the Board must have at least two-thirds of its members present; conclusions of the Board are valid when at least seventy percent of the members present agree.

Article 8. Term and validity period of the aviation staff permit

1. The maximum validity period of the permit is five years and may be renewed.

2. The permit is only valid for use if the qualification certification and health certification remain valid.

Article 9. Qualification Certification for Aviation Staff

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

2. The validity period of the qualification certification is specified as follows:

a) Thirty-six months for flight training instructors;

b) Twenty-four months for cabin crew; air traffic controllers, operators of equipment and facilities in the airport area; aircraft maintenance and repair personnel; flight scheduling and operation personnel; non-radar training instructors;

c) Twelve months for other aviation staff.

3. The person requesting the issuance of a qualification certification must submit the application dossier to the Vietnam Civil Aviation Authority. The application dossier for the qualification certification includes the following documents:

a) Application for qualification certification;

b) Valid aviation staff permit;

c) Results of relevant training;

d) Health certificate that meets the requirements.

4. The Vietnam Civil Aviation Authority issues qualification certification for aviation staff according to the procedures stipulated in Clauses 2, 3, and 4 of Article 6 of this Decision.

Article 10. Contents of the aviation staff permit

1. The permit includes the following contents:

a) Name 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 permit;

e) Full name, date of birth, address, nationality of the permit holder;

g) Rights and obligations of the permit holder;

h) Conditions for implementing the permit;

i) Qualification certification and other related certifications;

k) Signature of the permit issuer and stamp of the issuing authority;

l) Other requirements.

2. The format of the permit as prescribed by the Vietnam Civil Aviation Authority.

Article 11. Reissuing the aviation staff permit

1. The permit is reissued in cases where the issued permit has expired, been lost, or damaged.

2. The person requesting the reissue of the permit must submit the application dossier for reissuing the permit to the Vietnam Civil Aviation Authority thirty days before the expiration date of the permit including the following documents:

a) Application for reissuance of the permit;

b) A curriculum vitae with attached photograph and confirmation from the head of the unit or local authority;

c) Results of relevant training;

d) Health certificate that meets the requirements.

3. The Vietnam Civil Aviation Authority issues a new permit to the applicant according to the procedures stipulated in Clauses 2, 3, and 4 of Article 6 of this Decision, while simultaneously recalling the expired permit.

4. In case the issued permit is lost, the Vietnam Civil Aviation Authority reissues the permit within thirty days from the date of receipt of the application accompanied by confirmation from the head of the unit or local authority.

Article 12. Cases for revoking the aviation staff permit

1. The permit holder does not meet the conditions or no longer meets the conditions for obtaining the permit.

2. The permit has been altered or tampered with.

3. The permit holder uses the permit for purposes other than those intended.

Chapter III

STANDARDS AND TRAINING PROGRAMS

OF TRAINING INSTITUTIONS

AIRCRAFT PERSONNEL

Article 13. General requirements for training institutions

1. Classrooms, equipment, devices, and practical workshops must be appropriate for the training and instruction content.

2. Training and instruction programs must be appropriate.

3. Teaching staff must hold relevant permits and professional certificates corresponding to the field of training and instruction.

4. Textbooks and teaching materials must be appropriate for the training and instruction programs.

5. Other requirements as prescribed by civil aviation laws and education and training regulations.

Article 14. Minimum requirements for classrooms, equipment, devices, and practical workshops of vocational training institutions for aviation staff

1. Classrooms must have sufficient space, lighting, audio-visual equipment, and other equipment necessary for learning.

2. Equipment and devices for training and instruction in certain specialties must meet the following requirements:

a) For pilot crew training and flight instructor training: There must be training aircraft, simulated cockpits; aircraft maintenance workshops; pilot testing and physical fitness training equipment; computer-based training software; English listening laboratories (LAB rooms) meeting the prescribed standards;

b) For cabin crew training: There must be a fully equipped aircraft cabin model with security, safety, emergency, first aid systems, oxygen supply systems, and passenger service equipment;

c) For aircraft maintenance technician training: There must be operational training aircraft equipped with electrical, electronic, and communication devices; practical tools for mechanical, electrical, electronic, and information technology training; and non-destructive testing equipment.

d) For training and instructing air traffic controllers, air traffic instructors, and flight coordination personnel: Have simulation models and teaching software on approach control, surface control, radar and non-radar long-range control; an English listening practice room meeting the prescribed standards;

đ) For training and instructing technical information operation, navigation, surveillance staff, maintenance and repair equipment staff: Have automatic telegraph reception and transmission training equipment; electrical and electronic technology training equipment; digital - microprocessor technology training equipment; specialized telecommunications training equipment; electronic data transmission training equipment; system operation training equipment;

e) For training and instructing aviation security staff: Have passenger, baggage, cargo screening simulation models and software; handheld metal and dangerous goods detection devices; passenger, baggage, cargo, and vehicle monitoring equipment; aircraft cabin mock-up; training fields equipped with appropriate simulation devices;

g) For training and instructing aviation information notification staff: Have automatic aviation information notification system and NOTAM management and operation automatic telegraph system; automatic telegraph transmission and reception equipment (AMS); terminal equipment performing fixed aviation telecommunications network (AFTN) functions and server functions;

h) For training and instructing aviation meteorological staff: Have weather radar, wind shear measuring equipment, automatic aviation meteorological observation systems, satellite cloud image receiving systems, global forecast product receiving systems (WAFS), plotting machine systems, meteorological database systems, AFTN terminals;

i) For training and instructing flight dispatchers and operations staff: Have aircraft structure system simulation models, flight operations management software; automatic aviation information notification system; automatic telegraph transmission and reception equipment, other necessary materials consistent with International Civil Aviation Organization (ICAO) requirements;

k) For training and instructing airport facility, equipment operation and maintenance staff and ground service support staff: Have appropriate specialized equipment and software for operation, maintenance, and repair;

3. Training workshops and practice rooms must have suitable area and space for the equipment and machinery used;

4. The technical library must have sufficient books, textbooks, and materials to serve research, teaching, and learning;

Article 15. Teachers at aviation staff training institutions

1. Aviation staff training institutions must have sufficient teachers to implement the prescribed training programs. Teachers include professional teachers, part-time teachers, and visiting lecturers;

2. For theoretical teachers of pilot, air traffic controller, flight attendant, aviation information notification courses, the total number of part-time and visiting lecturers shall not exceed 50% of the total number of teachers involved in each training program;

3. Aviation specialty teachers must meet the teacher standards prescribed by law, hold appropriate aviation specialty teaching certificates, and be approved by the Director of the Vietnam Civil Aviation Authority.

Article 16. Chapter on Training and Professional Training Programs for Aviation Personnel

1. The aviation personnel training program includes:

a) Vocational training program;

b) Professional training program at the level of intermediate vocational education or higher.

2. The professional training program for aviation personnel includes:

a) Program for issuing specialized certificates;

b) Program for familiarization, requalification, type conversion, and periodic training;

c) Program for updating and enhancing knowledge and professional qualifications.

3. The Civil Aviation Authority of Vietnam participates in evaluating the framework training program for aviation personnel; approves the professional training programs for aviation personnel.

4. Training institutions are responsible for developing training programs for aviation personnel in accordance with the framework program issued by the competent authority; develop professional training programs for aviation personnel to be submitted to the Director of the Civil Aviation Authority of Vietnam for approval.

Article 17. Textbooks and teaching materials of training institutions

1. Training institutions must have sufficient textbooks and teaching materials suitable for their training programs.

2. The head of the training institution organizes the compilation of textbooks and teaching materials; approves textbooks and teaching materials based on the evaluation of the textbook evaluation board of the institution. The textbook evaluation board of the institution is established by the head of the unit and submitted to the Director of the Civil Aviation Authority of Vietnam for approval.

Article 18. Issuing Certificate of Eligibility for Training and Professional Training of Aviation Personnel

1. A training institution wishing to issue a Certificate of Eligibility for Training and Professional Training of Aviation Personnel must submit an application to the Civil Aviation Authority of Vietnam. The application for the Certificate of Eligibility for Training and Professional Training of Aviation Personnel shall include the following documents:

a) Application for issuance of the Certificate of Eligibility for Training and Professional Training of Aviation Personnel;

b) Permit for establishment of the training institution in Vietnam;

c) Training and professional training program for aviation personnel;

d) List of aviation instructors along with appropriate instructor certificates;

đ) Report on classrooms, equipment, facilities, and practical workshops of the institution.

2. Within ninety days from the date of receiving complete valid applications, the Civil Aviation Authority of Vietnam will review the applications, inspect the training institutions, and issue the Certificate of Eligibility for Training and Professional Training of Aviation Personnel to the applicant. In case of refusal to issue the certificate, the Civil Aviation Authority of Vietnam must notify the applicant in writing and specify the reasons.

Article 19. Recognition of Foreign Training Institutions for Professional Training of Aviation Personnel

1. Foreign training institutions for professional training of aviation personnel may be recognized in the following cases:

a) Recognized by the International Civil Aviation Organization;

b) Meeting the conditions stipulated in Articles 13, 14, 15, 16, and 17 of this Decision.

2. Specialized certificates issued by foreign training institutions for professional training of aviation personnel as specified in Clause 1 of this Article shall be recognized in Vietnam.

Chapter IV

SPECIAL LABOR REGIME AND DISCIPLINARY REGIME FOR AVIATION PERSONNEL

FOR AVIATION PERSONNEL

Article 20. Labor regime for aviation personnel

The working hours of flight crew members shall comply with the regulations set forth in the Commercial Air Transport Operations Regulations and the Commercial Helicopter Operations Regulations.

Article 21. Special disciplinary regime for aviation personnel

1. Aviation personnel may be dismissed in the following cases:

a) Engaging in acts that violate the law and threaten aviation security and safety;

b) Using drugs or other prohibited substances;

c) Misusing their positions, lacking responsibility, violating labor discipline during duty performance, thereby threatening aviation security and safety.

2. Employers are responsible for disseminating the provisions of Clause 1 of this Article to employees before hiring them.

Chapter V

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Decision takes effect fifteen days after its publication in the Official Gazette and replaces Decision No. 18/1999/QĐ-CHK dated June 25, 1999, issued by the Director of the Civil Aviation Authority of Vietnam on the Training and Professional Training Regulations in the Civil Aviation Industry of Vietnam, and Decision No. 23/2000/QĐ-CHK dated August 16, 2000, issued by the Director of the Civil Aviation Authority of Vietnam on the Management of Licenses for Personnel Working in the Civil Aviation Operation and Technical Field.

Article 23. 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, units, and individuals concerned are responsible for implementing this Decision./.