Circular No. 28/2023/TT-BGTVT Amending and Supplementing Certain Provisions of Circulars in the Civil Aviation Sector

CIRCULAR

Amending and supplementing certain articles of Circulars

in the field of civil aviation

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

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE INFORMATION TECHNOLOGY CENTER, THE DIRECTOR OF THE INFRASTRUCTURE DEPARTMENT, AND THE DIRECTOR OF THE VIETNAM CIVIL AVIATION ADMINISTRATION;

The Minister of Transport issues this Circular amending and supplementing certain provisions of several Circulars in the field of civil aviation.

Article 1. Replacing and supplementing some phrases in forms and declarations related to citizen identification documents in the Appendices of the Civil Aviation Safety Regulations (hereinafter referred to as the CASR) for aircraft and aircraft operation issued together with Circular No. 01/2011/TT-BGTVT dated January 27, 2011, of the Minister of Transport (hereinafter referred to as the CASR).

1. Replacing the phrase "Permanent Address (Street or PO Box Number)" with "Identity card/CCCD/CMND" at:

a) Subitem 2 Item E. Personal Information of Appendix 3 Article 7.110 Part 7 of the CASR (amended and supplemented in Item 4 Appendix VI of Circular No. 21/2017/TT-BGTVT dated June 30, 2017, of the Minister of Transport amending and supplementing certain provisions of Circular No. 01/2011/TT-BGTVT dated January 27, 2011, of the Minister of Transport issuing the CASR and Circular No. 03/2016/TT-BGTVT dated March 31, 2016, of the Minister of Transport amending and supplementing certain provisions of Circular No. 01/2011/TT-BGTVT dated January 27, 2011, of the Minister of Transport issuing the CASR, hereinafter referred to as Circular No. 21/2017/TT-BGTVT);

b) Subitem 2 Item E. Personal Information of Appendix 1 Article 7.135 Part 7 of the CASR (supplemented in Item 6 Appendix VI of Circular No. 21/2017/TT-BGTVT);

c) Subitem 2 Item C. Personal Information of Appendix 1 Article 7.350 Part 7 of the CASR (amended and supplemented in Clause b Item 5 Appendix II of Circular No. 11/2022/TT-BGTVT dated June 29, 2022, of the Minister of Transport amending and supplementing certain provisions of the CASR, hereinafter referred to as Circular No. 11/2022/TT-BGTVT).

2. Replacing the phrase "Email address/Electronic mail address" with "Identity card/CCCD/CMND" at subitem 4 Item C. Information of the person applying in Form No. 01 Appendix 1 Article 8.023 Part 8 of the CASR (amended and supplemented in Item 11 Appendix VI of Circular No. 09/2023/TT-BGTVT dated June 9, 2023, of the Minister of Transport amending and supplementing certain provisions of the CASR issued together with Circular No. 01/2011/TT-BGTVT dated January 27, 2011, of the Minister of Transport and other Circulars amending and supplementing Circular No. 01/2011/TT-BGTVT dated January 27, 2011, of the Minister of Transport, hereinafter referred to as Circular No. 09/2023/TT-BGTVT).

3. Supplementing the phrase "For Vietnamese citizens, Items 4, 6, 7, and 13 of Item E. Information of the person applying need not be filled out" at:

a) Guidance Item of Appendix 3 Article 7.110 Part 7 of the CASR (amended and supplemented in Item 4 Appendix VI of Circular No. 21/2017/TT-BGTVT);

b) Guidance Item of Appendix 1 Article 7.135 Part 7 of the CASR (supplemented in Item 6 Appendix VI of Circular No. 21/2017/TT-BGTVT).

4. Supplementing the phrase "For Vietnamese citizens, Items 4, 6, 7, and 13 of Item C. Information of the person applying need not be filled out" in Guidance Item of Appendix 1 Article 7.350 Part 7 of the CASR (amended and supplemented in Clause b Item 5 Appendix II of Circular No. 11/2022/TT-BGTVT).

5. Supplementing the phrase "For Vietnamese citizens, Items 5, 8, and 10 of Item C. Information of the person applying need not be filled out" in Instructions Item of Form No. 01 Appendix 1 Article 8.023 Part 8 of the CASR (amended and supplemented in Item 11 Appendix VI of Circular No. 09/2023/TT-BGTVT).

Article 2. Replacing Model No. 5 of Appendix VIII issued together with Circular No. 19/2017/TT-BGTVT dated June 6, 2017 of the Minister of Transport on management and ensuring air traffic operations (hereinafter referred to as Circular No. 19/2017/TT-BGTVT).

Replace Model No. 5 of Appendix VIII issued together with Circular No. 19/2017/TT-BGTVT with Appendix I issued together with this Circular.

Article 3. Replacing some Appendices of Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on air cargo transportation and common aviation activities (hereinafter referred to as Circular No. 81/2014/TT-BGTVT).

1. Replacing Appendix III issued together with Circular No. 81/2014/TT-BGTVT with Appendix II issued together with this Circular.

2. Replacing Appendices IV, VI, VII issued together with Circular No. 81/2014/TT-BGTVT (which have been replaced by Appendices I, II, III issued together with Circular No. 21/2020/TT-BGTVT dated September 28, 2020 of the Minister of Transport amending and supplementing certain provisions of Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on air cargo transportation and common aviation activities, Circular No. 14/2015/TT-BGTVT dated April 27, 2015 of the Minister of Transport on advance non-refundable compensation in passenger air transport, and Circular No. 33/2016/TT-BGTVT dated November 15, 2016 of the Minister of Transport on reporting activities and data in the civil aviation industry of Vietnam) with Appendices III, IV, V issued together with this Circular respectively.

3. Replacing Appendices IX, X issued together with Circular No. 81/2014/TT-BGTVT (which have been replaced by Appendices I, II issued together with Circular No. 19/2023/TT-BGTVT dated June 30, 2023 of the Minister of Transport amending, supplementing, and abolishing certain provisions of Circulars related to air cargo transportation) with Appendices VI, VII issued together with this Circular respectively.

4. Replacing Appendix XIV of Circular No. 81/2014/TT-BGTVT (which has been replaced by Appendix III issued together with Circular No. 19/2023/TT-BGTVT) with Appendix VIII issued together with this Circular.

1. Replacing the phrase "minimum" with the phrase "maximum" at: Clause I.2 Section 2 Chapter II Model 2 Appendix II; Clause I.2 Table 1 Section 2 Chapter II Part 1 Appendix III; Paragraph 2 Section CDNĐT 1.3 Chapter II Part 1 and Clause I.2 Table 1 Section 2 Chapter III Part 1 Appendix IV issued together with Circular No. 23/2021/TT-BGTVT.

2. Supplementing the phrase "ensuring total equity capital and loan capital not lower than the total project implementation costs" after the phrase "depending on the nature and scale of the project under consideration" at: Clause I.2 Section 2 Chapter II Model 2 Appendix II; Clause I.2 Table 1 Section 2 Chapter II Part 1 Appendix III; Section CDNĐT 1.3 Chapter II Part 1 and Clause I.2 Table 1 Section 2 Chapter III Part 1 Appendix IV issued together with Circular No. 23/2021/TT-BGTVT.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. This Circular takes effect from September 29, 2023.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Civil Aviation Administration, Director of the Information Technology Center, Heads of agencies, units, and individuals concerned are responsible for implementing this Circular./.