Circular No. 30/2020/TT-BGTVT amending and supplementing certain provisions of Circular No. 17/2016/TT-BGTVT dated June 30, 2016, issued by the Minister of Transport detailing the management and operation of civil aviation airports and airfields.

CIRCULAR

Amending and supplementing some articles of Circular No. 17/2016/TT-BGTVT dated June 30, 2016, issued by the Minister of Transport detailing regulations on the management and operation of civil aviation airports.

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

The Government issues this Decree on management and development of industrial clusters.

Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014, promulgated by the Government, detailing the implementation of certain provisions of the Land Law;

Pursuant to Decree No. 102/2015/NĐ-CP dated October 20, 2015, promulgated by the Government on the management and operation of civil aviation airports;

Decree No. 12/2017/NĐ-CP dated 10 the 0February 2017 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ngân hàng Nhà nước Việt Nam;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hereinafter referred to as the DecreeDeputy ministers of ministerial-level agencies, qTHE defining the functions, tasks, powers, and organizational structure ofDeputy ministers of ministerial-level agencies,the Ministry of Transport;

At the proposal of the Director of the Infrastructure Department under the Ministry of Transport and the Director General of the Civil Aviation Administration of Vietnam;

The Minister of Transport hereby issues this Circular amending and supplementing some articles of Circular No. 17/2016/TT-BGTVT dated June 30, 2016, issued by the Minister of Transport detailing regulations on the management and operation of civil aviation airports.

Article 1. Amending and supplementing some articles of Circular No. 17/2016/TT-BGTVT dated June 30, 2016, issued by the Minister of Transport detailing regulations on the management and operation of civil aviation airports.

1. Amending and supplementing Clause 3 of Article 12 as follows:

“3. Report to the Ministry of Transport on the implementation of the planning for civil aviation airports annually or when requested by the Ministry of Transport, with detailed contents as follows:

a) Name of the report: report on the implementation of the planning for civil aviation airports;

b) Content of the report: all relevant contents related to the implementation of the planning for civil aviation airports according to Model No. 15 of the Appendix attached hereto;

c) Method of submitting the report: the report shall be presented in either paper form or electronic form. The report shall be submitted to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: annually;

e) Deadline for submission of reports: before December 20 each year;

e) Deadline for finalizing data for the report: from December 15 of the year preceding the reporting period to December 14 of the reporting period;

g) Outline of the report: as prescribed at Model No. 15 of the Appendix attached hereto.”

2. Amend and supplement Clause 4 of Article 13 as follows:

“4. Report to the Civil Aviation Authority on the implementation of the planning for civil aviation airports annually or when requested by the Civil Aviation Authority, with detailed contents as follows:

a) Name of the report: report on the implementation of the planning for civil aviation airports;

b) Content of the report: all relevant contents related to the implementation of the planning for civil aviation airports according to Model No. 15 of the Appendix attached hereto;

c) Method of submitting the report: the report shall be presented in either paper form or electronic form. The report shall be submitted to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: annually;

đ) Deadline for submitting the report: before December 18 each year;

e) Deadline for finalizing data for the report: from December 15 of the year preceding the reporting period to December 14 of the reporting period;

g) Outline of the report: as prescribed at Model No. 15 of the Appendix attached hereto.”

3. Amending the name of Article 17 and amending and supplementing Point c Clause 1 of Article 17 as follows:

a) Amend the name of Article 17 as follows:

“Article 17. Procedures for land allocation at civil aviation airports”

b) Amending Point c Clause 1 of Article 17 as follows:

“c) A copy from the original book or a copy and presentation of the original for verification or a certified copy (in case of direct submission), a certified copy (in case of submission via postal service) of the approval document for investment orientation or the decision approving investment or the certificate of investment registration;”

4. Amending the name of Article 18 and amending and supplementing Point b Clause 1, Clause 3, Clause 4 of Article 18 as follows:

a) Amending the name of Article 18 as follows:

“Article 18. Procedures for leasing land without public auction at civil aviation airports”

b) Amending and supplementing Point b Clause 1 of Article 18 as follows:

“b) A copy from the original book or a copy and presentation of the original for verification or a certified copy (in case of direct submission), a certified copy (in case of submission via postal service) of the approval document for investment orientation or the decision approving investment or the certificate of investment registration;”

c) Amending and supplementing Clause 3 of Article 18 as follows:

“3. Within a maximum period of five working days from the date of receipt of complete files as prescribed, the Air Traffic Control Unit shall issue the lease land decision according to Model No. 03 prescribed in the Appendix attached hereto; proceed with the handover of land on-site and prepare the handover record according to Model No. 04 prescribed in the Appendix attached hereto; send the lease land decision, the land lease application file of organizations and individuals to the competent local authorities to request the issuance of the rental price according to the prescribed regulations.”

d) Amending and supplementing Clause 4 of Article 18 as follows:

“4. Within three working days from the date of receipt of the rental price, the Air Traffic Control Unit shall sign the land lease contract according to Model No. 05 prescribed in the Appendix attached hereto.”

5. Amending the name of Article 20 and amending and supplementing Point b Clause 2, Clause 4, Clause 5 of Article 20 as follows:

a) Amending the name of Article 20 as follows:

  “Article 20. Extension of Land Lease at civil aviation airports”

b) Amend and supplement Point b Clause 2 Article 20 as follows:

“b) A copy from the original record or a copy and presentation of the original for comparison or a certified copy (in case of direct submission), a certified copy (in case of submission through postal service) of the decision on land lease, land lease contract; proof of having fulfilled financial obligations regarding land according to the latest year's legal provisions.”

c) Amend and supplement Clause 4 Article 20 as follows:

“4. Within no more than 05 working days from the date of receiving complete files as prescribed, the Civil Aviation Port Authority shall issue the decision on extension of land lease according to Model No. 11 stipulated in the Appendix attached hereto; send the decision on extension of land lease and the land lease application file of organizations and individuals to the local authority with competent jurisdiction to request issuance of the land lease price list as prescribed.”

d) Amend and supplement Clause 5 Article 20 as follows:

“5. After a period of 03 days from the date of receipt of the land lease price list, the Civil Aviation Port Authority shall sign the land lease contract according to Model No. 05 stipulated in the Appendix attached hereto.”

6.supplement Article 26 as follows:

“Article 26. Requirements for Traffic within Airports

1. Traffic routes within airports include:

a) Internal traffic routes within the airport;

b) Internal traffic routes within the air cargo port.

2. The operator of the air cargo port and airport shall be responsible for constructing, maintaining, and repairing internal traffic routes within the airport and internal traffic routes within the air cargo port.

3. Traffic within the airport shall comply with the airport operation manual.”

7. Amend and supplement Point b Clause 1 Article 36 as follows:

“b) A copy from the original record or a copy and presentation of the original for comparison or a certified copy (in case of direct submission), a certified copy (in case of submission through postal service) of the decision on establishment or business registration certificate of the owner or organization entrusted to manage the airport; identity card or citizen identification card or passport of the airport owner who is an individual;”

8. Amend and supplement Clause 2 Article 39 as follows:

“2. Within 08 days from the date of receiving complete files as prescribed, the Vietnam Civil Aviation Authority shall be responsible for reviewing the airport operation manual, including the following contents:

a) Factors ensuring aviation safety, aviation security, service standards;

b) Compliance with technical standards of the airport according to technical regulations issued or recognized by the competent authority;

c) List of non-compliance (if any);

d) Verification of actual conditions of the airport concerning the operation manual.”

9. Supplement Article 39a as follows:

“Article 39a. Procedures for Issuance, Reissuance, and Revocation of Business License for Airports

1. Individuals and organizations applying for issuance of the Business License for Airports shall submit one set of files directly or through postal service or by other appropriate means to the Vietnam Civil Aviation Authority and shall bear responsibility for the accuracy and truthfulness of the information in the files. The files shall include:

a) Application for issuance of the Business License according to Model No. 12 stipulated in the Appendix attached hereto;

b) Copy of the business registration certificate;

c) Copy of documentation proving organizational structure and list of employees holding certificates suitable to meet the requirements of professional expertise in airport operation according to civil aviation laws;

d) Original confirmation of capital;

đ) Plan for equipping facilities and equipment and other necessary conditions to ensure aviation safety and aviation security.

2. Within 10 days from the date of receiving complete files as prescribed, the Vietnam Civil Aviation Authority shall organize review and issue the Business License for Airports according to Model No. 13 stipulated in the Appendix attached hereto; if not issuing the license, it must send a reply letter to the applicant and clearly state the reasons.

If the files are not compliant, within 03 working days from the date of receiving the files, the Vietnam Civil Aviation Authority shall send a reply letter guiding the applicant to submit supplementary and completed files according to the prescribed regulations.

3. The Business License for Airports shall be reissued in cases of loss, damage, or change in the content of the license.

4. Individuals and organizations applying for reissue of the Business License for Airports shall submit one set of files directly or through postal service or by other appropriate means to the Vietnam Civil Aviation Authority and shall bear responsibility for the accuracy and truthfulness of the information in the files. The files shall include:

a) Request for reissue of the Business License according to Model No. 12 stipulated in the Appendix attached hereto;

b) Relevant documents related to changes in the content of the license (if applicable).

5. For reissued licenses due to content changes: within 05 working days from the date of receiving complete files as prescribed, the Vietnam Civil Aviation Authority shall reissue the Business License for Airports; if not reissuing the license, it must send a reply letter to the applicant and clearly state the reasons.

6. For reissued licenses due to loss or damage: within 03 working days from the date of receiving the request, the Vietnam Civil Aviation Authority shall be responsible for examining and deciding to reissue the license; if not reissuing the license, it must send a reply letter to the applicant and clearly state the reasons.

7. The Business License for Airports shall be revoked in the following cases:

a) Providing false information during the application process for the license;

b) Failure to maintain the minimum capital continuously during operations;

c) Serious violation of laws on national defense and security;

d) Ceasing operations as prescribed by law or at the request of the enterprise;

đ) Serious violation of regulations on aviation security assurance, aviation safety, business conditions, service prices, fire prevention and extinguishing, environmental protection;

e) Not commencing airport operation within 12 months from the date of issuance of the license.

8. The Civil Aviation Administration of Vietnam shall issue a decision to revoke the validity of the Business License, stating the reasons and the date of revocation of the Business License's validity. An air cargo port business enterprise must immediately cease its air cargo port business operations in accordance with the issued decision.

9. The Civil Aviation Administration of Vietnam shall notify the Air Port Authority about the issuance, reissuance, or revocation of the Business License for air cargo ports for the purpose of conducting inspection and supervision work.

10. Amend and supplement Clause 2 of Article 40 as follows:

“2. The operator of an air cargo port or airport must amend and supplement the airport operation documentation when there are changes related to the contents of the airport operation documentation, and submit it to the Civil Aviation Administration of Vietnam for approval. The application dossier includes:

a) A request for approval;

b) A draft of the amended and supplemented content;

c) Documentation proving the amended and supplemented content;

d) Number of dossiers: 01 set.

Within 05 working days from the date of receipt of the dossier in accordance with the regulations, the Civil Aviation Administration of Vietnam shall organize an assessment and verification, conduct on-site checks if necessary, approve the amendment and supplementation of the documentation, or notify in writing the reasons for rejecting the approval to the applicant.”

11. Amend and supplement Clause 3 of Article 44 as follows:

“3. Within 12 days from the date of receiving all required documents, the Civil Aviation Administration of Vietnam shall be responsible for assessing and issuing an approval document and implementing it for relevant agencies and units related to the safe operation of air cargo ports and airports. In case of rejection, a written notification must be provided to the applicant, clearly stating the reasons.”

12. Amend and supplement Clause 3 of Article 45 as follows:

“3. Within 05 working days from the date of receiving all required documents, the Civil Aviation Administration of Vietnam shall examine and decide on the operation of works or parts of works belonging to the airport infrastructure, or temporarily suspend part of the airport infrastructure. In case of rejection, the Civil Aviation Administration of Vietnam must issue a written notification, clearly stating the reasons.”

13. Amend and supplement Clause 1 of Article 50 as follows:

“1. The manager or operator of equipment shall submit 01 set of application dossier for the Operation Permit directly or through postal service or other appropriate methods to the Civil Aviation Administration of Vietnam. The dossier includes:

a) A request for the Operation Permit detailing the following items: type of equipment; purpose of use; scope and area of installation and operation; applicable standards; manpower for operating the equipment;

b) Certificate of Origin (CO) and Quality Certificate (CQ) of imported equipment;

c) Technical qualification certificate for equipment and specialized aviation means produced, assembled, or improved in Vietnam;

d) Operating manual provided by the manufacturer;

đ) Completion report of installation procedures, inspection, and testing of the system;

e) Other documents and materials according to the specific regulations of the specialized laws for each type of equipment (if any).

Within 05 working days from the date of receiving all required documents in accordance with the regulations, the Civil Aviation Administration of Vietnam shall organize an assessment and decide to issue the Operation Permit or notify in writing the reasons for rejecting the issuance of the Operation Permit to the applicant.”

14.supplement Clause 2, Clause 3, Clause 4 Article 60 as follows:

“2. Organizations managing and using air traffic control personnel and equipment operators, vehicles operating in restricted areas of airports shall submit one set of application files for issuance of Air Traffic Control Personnel and Equipment Operator License directly or through postal service or other appropriate means to the Civil Aviation Authority of Vietnam for the first issuance. The application file includes:

a) An application form for issuance of the License together with a list of personnel applying for the License according to Model No. 14 prescribed in the Appendix attached hereto;

b) A copy of a valid motor vehicle driver's license (for personnel controlling vehicles), training certificates for controlling and operating equipment and vehicles issued by manufacturers or training institutions meeting the required conditions;

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

Within 18 days from the date of receipt of complete application files, the Civil Aviation Authority of Vietnam shall review the application files, organize examinations, and decide on issuing the license or notify in writing the reasons for refusing to issue the license to the applicant organization.

3. The Air Traffic Control Personnel and Equipment Operator License for restricted areas of airports may be reissued in cases where the validity period of the license is less than 60 days, the license has expired, the license is lost or damaged, or there is a change in the management and use of aviation personnel. The organization applying for reissuance of the license shall submit one set of application files directly or through postal service or other appropriate means to the Civil Aviation Authority of Vietnam. The application file includes:

a) An application form for reissuance of the License together with a list of personnel applying for reissuance of the License according to Model No. 14 prescribed in the Appendix attached hereto;

b) A copy of a valid motor vehicle driver's license (for personnel controlling vehicles), documentation proving that the personnel have been trained periodically or refresher training as required.

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

Within 18 days (for licenses still valid for less than 60 days or expired) and five working days (for lost, damaged licenses or changes in the use of aviation personnel), from the date of receipt of complete application files, the Civil Aviation Authority of Vietnam shall review the application files, organize examinations (for licenses still valid for less than 60 days or expired), and decide on reissuing the license or notify in writing the reasons for refusing to reissue the license to the applicant organization. In cases of reissuing licenses when they are still valid for less than 60 days, the Civil Aviation Authority of Vietnam will first revoke the old license before issuing the new one.

4. Organizations applying for additional endorsement of the Air Traffic Control Personnel and Equipment Operator License for restricted areas of airports shall submit one set of application files directly or through postal service or other appropriate means to the Civil Aviation Authority of Vietnam. The application file includes:

a) An application form for additional endorsement together with a list of personnel applying for additional endorsement according to Model No. 14 prescribed in the Appendix attached hereto;

b) A copy of a valid motor vehicle driver's license (for personnel controlling vehicles), training certificates for controlling and operating equipment and vehicles issued by manufacturers or training institutions meeting the required conditions.

Within three working days from the date of receipt of complete application files, the Civil Aviation Authority of Vietnam shall review the application files, decide on issuing additional endorsements or notify in writing the reasons for refusal to issue to the applicant organization."

15Amend and supplement Clause 8 of Article 64 as follows:

"8. Airport operators are responsible for conducting regular airport emergency exercises at the following levels:

a) Comprehensive airport emergency exercises must be conducted with a frequency not exceeding 0once every two years;

b) Intermediate airport emergency exercises between comprehensive exercises to address deficiencies identified during comprehensive exercises.".

16. Amend and supplement Article 76 as follows:

"Article 76. Domestic airline base airports

1. An airport is determined to be a domestic airline base airport if:

a) It has maintenance facilities approved by the Civil Aviation Authority of Vietnam for the airline or it has a maintenance contract with a maintenance facility approved by the Civil Aviation Authority of Vietnam;

b) It ensures overnight parking arrangements for the airline's aircraft.

2. Domestic airlines work with airport operators to determine the capacity of aircraft parking stands suitable for the selection of base airports and the need for overnight aircraft parking positions.

3. The Civil Aviation Authority of Vietnam determines the domestic airline base airports during the process of issuing or amending aircraft operator certificates and announces the base airports."

17. Replace Model No. 03 of the Appendix attached to Circular No. 17/2016/TT-BGTVT with Model No. 03 of the Appendix attached to this Circular. Add

18. Model No. 11, Model No. 12, Model No.13, Model No. 14, Model No. 15 to 2. Repeal Circular No. 51/2018/TT-BGTVT dated September 19, 2018, of the Minister of Transport amending and supplementing certain provisions of Circular No. 17/2016/TT-BGTVT dated June 30, 2016, of the Minister of Transport detailing the management and operation of civil airports; Repeal Article 50 of Circular No. 17/2016/TT-BGTVT dated June 30, 2016, of the Minister of Transport detailing the management and operation of civil airports. the Appendix attached to this Circular. Add

Article 2. Effective date

1. This Circular takes effect from January 15, 2021.

The Director 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 concerned are responsible for implementing this Circular.

Article 3Implementation Organization

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