Circular No. 32/2021/TT-BGTVT Amending and supplementing certain Articles of Circular No. 19/2017/TT-BGTVT dated June 6, 2017, issued by the Minister of Transport on management and ensuring air traffic operations

CIRCULAR

Provincial People's Committees set specific pricessửa đổi, bổ sung một số đArticle of Circular No. 19/2017/TT-BGTVTngày 06 tháng 6 năm 2017 của Bộ trưởng Bộ Giao thông vận tải quy địnhvề quản lý và bảo đảm hoạt động bay

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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;

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;

Pursuant to Decree No. 125/2015/NĐ-CP dated December 4, 2015 of the Government detailing regulations on air traffic management activities;

PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE TRANSPORT DEPARTMENT AND THE DIRECTOR OF THE VIETNAM CIVIL AVIATION ADMINISTRATION;

The Minister of Transportbissues this Circular amending and supplementing certain Articles of Circular No. 19/2017/TT-BGTVT dated June 6, 2017 of the Minister of Transport concerning the management and assurance of air traffic operations.

Article 1. Amending and supplementing certain Articles of Circular No. 19/2017/TT-BGTVT dated June 6, 2017 of the Minister of Transport concerning the management and assurance of air traffic operations

1. Market management agencies at all levels include: the Department of Domestic Market Management and Development under the Ministry of Industry and Trade; the Market Management Business Unit under the Department of Domestic Market Management and Development; the Market Management Sub-department under the Department of Industry and Trade of provinces and centrally-administered cities; and the Market Management Team under the Market Management Sub-department.

"Article 2. Scope of Application

1. This Circular applies to organizations and individuals related to air traffic management activities, air traffic assurance activities in Vietnam and within the airspace controlled by Vietnam.

2. This Circular does not apply to organizations and individuals related to air traffic management activities outside airways and special flight activities.

2. Amending and supplementing Clause 46, Clause 47, Clause 63, Clause 64, and adding Clause 75, Clause 76 of Article 3 as follows:

a) Amending and supplementing Clause 46 of Article 3 as follows:

"46. METAR (Aerodrome routine meteorological report in meteorological code): Aerodrome routine weather report in coded form.";

b) Amending and supplementing Clause 47 of Article 3 as follows:

"47. MET REPORT (Local routine meteorological report in abbreviated plain language): Local routine weather report in plain language.";

c) Amending and supplementing Clause 63 of Article 3 as follows:

"63. SPECI (Aerodrome Special meteorological report in meteorological code): Special aerodrome weather report in coded form.";

d) Amending and supplementing Clause 64 of Article 3 as follows:

"64. SPECIAL (Local special meteorological report in abbreviated plain language): Special local weather report in plain language.";

đ) Adding Clause 75 of Article 3 as follows:

"75. PAPI (Precision approach path indicator): Precision approach path indicator system.";

e) Adding Clause 76 of Article 3 as follows:

"76. ARO (Air traffic services reporting office): Air traffic services reporting office.";

3. Amending and supplementing Clause 13, Clause 29, Clause 38, Clause 52, Clause 57, Clause 71, Clause 72, and Clause 87; adding Clause 99 of Article 4 as follows:

a) Amending and supplementing Clause 13 of Article 4 as follows:

"13. Data set is a recognizable collection of data.";

b) Amending and supplementing Clause 29 of Article 4 as follows:

"29. Airport control service is an air traffic control service provided for airport activities.";

c) Amending and supplementing Clause 38 of Article 4 as follows:

"38. Airport control tower is an air traffic control facility providing air traffic control services for airport activities.";

d) Amending and supplementing Clause 52 of Article 4 as follows:

"52. Airport activities include all movements on the airport movement area and all flights in the vicinity of the airport.";

đ) Amending and supplementing Clause 57 of Article 4 as follows:

"57. Airport movement area is a part of the airport used for aircraft takeoff, landing, and taxiing, including the movement area and aircraft parking areas.";

e) Amending and supplementing Clause 71 of Article 4 as follows:

"71. PIB is a pre-flight briefing containing all active NOTAMs that have operational significance affecting air traffic operations.";

g) Amending and supplementing Clause 72 of Article 4 as follows:

"72. Air traffic services reporting office (ARO) is a facility established to receive reports related to air traffic services and pre-flight plans submitted before the aircraft departs.";

h) Amending and supplementing Clause 87 of Article 4 as follows:

"87. Aviation news product is aviation data and news provided in standardized digital or paper or electronic formats, including:
a) AIP (amended AIP volumes and supplementary AIP volumes);
b) AIC;
c) Aeronautical charts;
d) NOTAM;
đ) Digital data.";

i) Adding Clause 99 of Article 4 as follows:

"99. ICAO Annex is an annex to the Convention on International Civil Aviation 1944.";

4. To amend and supplement Article 7 as follows:

Article 7. Responsibilities of the Civil Aviation Administration of Vietnam and the Port Air Traffic Control Authority

1. Responsibilities of the Civil Aviation Administration of Vietnam

a) Implementing regulations on air traffic rules in the airport area, air traffic control methods, plans, guidance materials, procedures, and methods related to air traffic assurance activities as prescribed in Decree No. 125/2015/NĐ-CP dated December 4, 2015 of the Government detailing regulations on air traffic management activities and other relevant legal documents;

b) Developing strategies, planning, and plans for the development of the air traffic management and assurance system to be submitted to the Ministry of Transport for issuance;

c) Studying, proposing, and organizing the implementation of ICAO, WMO standards, regulations, and technical guidelines related to air traffic management and assurance activities in accordance with Vietnamese laws and international treaties to which Vietnam is a party;

d) Formulating proposals, reporting to the Ministry of Transport for coordination with the Ministry of National Defense to submit to the Prime Minister for decisions on establishing, abolishing air routes, approving the boundaries of FIRs over international waters managed by Vietnam, and implementing according to the law;

đ) Organizing the delineation of responsibility areas for air traffic assurance services; managing the provision of air traffic assurance services;

e) Directing, inspecting, and supervising air traffic inspection, calibration of navigation systems and equipment, air surveillance, and evaluation flights using air traffic control equipment; managing and using frequencies under air traffic control operations according to regulations;

g) Announcing lists of alternate airports for air traffic control operations; air obstacle surface limits; AIP, amended AIP volumes, supplementary AIP volumes, AIC, maps, and aeronautical charts; organizing the construction and issuance of various types of aeronautical charts; terrain and air obstacle data for air traffic control operations;

h) Organizing the development and implementation of search and rescue plans for air traffic control operations; organizing the conduct of sector-level search and rescue exercises; coordinating with relevant countries in the region for air traffic control search and rescue operations; organizing the implementation of air traffic control emergency response operations;

i) Organize the management of training for air traffic service personnel to ensure flight operations;

k) Organize examinations; issue, extend, revoke, suspend licenses for air traffic service personnel; licenses for operating systems and equipment ensuring flight operations and licenses for operating air navigation services facilities; assign code numbers and technical addresses for technical systems, communication, navigation, surveillance (CNS) equipment, and onboard electronic equipment of aircraft with Vietnamese nationality;

l) Manage safety in flight operations and safety in the provision of air traffic service support; organize the implementation of runway safety programs;

m) Organize investigations into incidents and accidents related to flight operations and air traffic service assurance; inspect, supervise compliance with regulations on managing and ensuring flight operations and handle violations according to the law;

n) Direct, monitor the execution of agreements on flight control between Vietnamese Air Traffic Services (ATS) facilities and foreign ATS facilities, international cooperation agreements in ensuring flight operations; international cooperation in managing and ensuring flight operations and implement other contents as prescribed by law.

2. Responsibilities of Civil Aviation Port Authorities

a) Inspect and supervise compliance with regulations on providing air traffic service support at civil airports and handle violations according to the law;

b) Inspect and supervise flight inspection activities, calibration of navigation systems and equipment, air traffic surveillance, and flight evaluation using airborne navigation equipment at civil airports;

c) Participate in examinations to issue, extend licenses, and qualifications for air traffic service personnel; participate in inspections to issue licenses for operating systems and equipment ensuring flight operations and licenses for operating air navigation services facilities;

d) Perform other tasks as prescribed by law.”

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

"3. In addition to the provisions of Clause 2 of this Article, the flight crew must comply with one of the following rules:
a) Visual Flight Rules (VFR);
b) Instrument Flight Rules (IFR). "

6. Amend and supplement Clause 1 of Article 17 as follows:

"1. Non-radar air traffic controllers include:
a) Airport, approach, and area air traffic controllers;
b) Flight procedure staff;
c) Coordination and clearance staff;
d) Air Traffic Flow Management (ATFM) staff;
đ) Signalers;
e) Shortwave radio communication staff (HF A/G);
g) Flight data processing staff;
h) Shift leaders of non-radar air traffic control (at positions detailed in Appendix XI issued together with this Circular);
i) Staff assisting in flight planning procedures;
k) Non-radar air traffic control instructors, ATFM instructors."

7. Amend and supplement Clause 2 and Clause 5 of Article 24 as follows:

a) Amend and supplement Clause 2 of Article 24 as follows:

"2. The minimum safe altitude above ground level along the route shall be calculated from the highest point of terrain and man-made obstacles within a 25-kilometer buffer zone on either side of the ATS route axis, as follows:
a) At least 300 meters for flatland, hilly areas, and water surfaces;
b) At least 600 meters for mountainous areas;"

b) Amend and supplement Clause 5 of Article 24 as follows:

"5. For two flight procedures using navigation aids placed no more than 09 kilometers apart, the minimum safe altitude for each sector shall be the higher of the two altitudes."

8. Supplement Clause 6 of Article 41 as follows:

"6. Air traffic service information providers shall use one of the following methods to transmit information to aircraft:

a) Direct voice communication between the ATS facility and the flight crew of the relevant aircraft, ensuring that the crew receives all relevant information;

b) Voice communication to all aircraft without requiring confirmation from the crew that they have received the information;

c) Broadcast (HF, VHF, ATIS);

d) Data link."

9. Amend and supplement Article 47 as follows:

"Article 47. Details on flight control services, information dissemination, alerts, communication assurance, and news provision for ATS facilities

Details on flight control services, information dissemination, alerts, communication assurance, and news provision for ATS facilities shall be carried out in accordance with Annex 11 of ICAO on ATS."

10. Amend and supplement Clause 2 of Article 48 as follows:

"2. AIS includes the following services:
a) NOTAM;
b) AIS airport;
c) AIP."

11. Amend and supplement Clause 1 of Article 49 as follows:

"1. AIS facilities include:
a) NOTAM office;
b) Airport AIS facility;
c) AIP office."

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

"1. AIS staff include:
a) Airport AIS staff;
b) NOTAM staff;
c) AIP staff;
d) NOTAM shift leader;
đ) Airport AIS shift leader;
e) Staff operating and maintaining automatic AIS/AIM systems;
g) AIS instructor."

13. Amend and supplement Article 55 as follows:

"Article 55. Content of aviation data and aviation news; verification and confirmation of aviation data and news
1. The content of aviation data and news includes:
a) Procedures and legal regulations;
b) Airports and heliports;
c) Airspaces;
d) ATS routes;
đ) Instrument flight procedures;
e) Radio navigation systems and equipment;
g) Obstacles;
h) Terrain;
i) Geographical news.
2. Digital data sets include:
a) AIP data set;
b) Terrain data set;
c) Obstacle data set;
d) Airport mapping data set;
đ) Instrument flight procedure data set.
3. Detection of data errors: Techniques for detecting digital data errors must be used by AIS facilities during the transmission, storage of aviation data, and digital data sets.
4. Verification and confirmation of aviation data and news
a) Texts used as the basis for compiling and issuing aviation news products must be carefully reviewed by relevant agencies and units responsible for providing aviation data and news before being sent to AIS facilities to ensure completeness and accuracy;
b) AIS facilities must establish verification and confirmation procedures to ensure users receive aviation news and data meeting quality requirements for accuracy, resolution, integrity, traceability, timeliness, completeness, and data format."

14. Amend and supplement Clause 12, Clause 20, and add Clause 25, Clause 26 of Article 60 as follows:

a) Amend and supplement Clause 12 of Article 60 as follows:

"12. The appearance of previously unannounced dangers affecting flight operations including: obstacles, military exercises and activities, radio frequency interference, missile launches, aerobatic flights, sports flying, fireworks displays, lantern releases, large-scale parachute jumps outside announced areas; plans for laser emissions, laser projections, and searchlights if the nighttime visibility of pilots may be reduced;"

b) Amend and supplement Clause 20 of Article 60 as follows:

"20. Observations or forecasts of weather phenomena in space, the date and time of occurrence, flight levels and airspace sections that may be affected;"

c) Supplement Clause 25 of Article 60 as follows:

"25. An unserviceable backup system directly impacting operational exploitation;"

d) Supplement Clause 26 of Article 60 as follows:

"26. Conflict zones affecting flight operations including specific information related to the nature, level of threat of the conflict, and its consequences for civil aviation;"

15. Amend and supplement Article 61 as follows:

"Article 61. Cases Not Requiring the Initiation and Issuance of NOTAMs
1. Regular maintenance work on aprons and taxiways without affecting the safe movement of aircraft;"
2. Painting markings on runways when flights can still be conducted safely on other runways or painting equipment can be moved when necessary;"
3. Temporary obstacles in the vicinity of airports, helicopter airports not affecting the safe operation of aircraft;"
4. Partial damage to airport lighting equipment without directly affecting the operation of aircraft;"
5. Partial damage to temporary non-ground communication facilities when other suitable frequencies are available and meet requirements;"
6. Absence of ground signaling services and traffic control;"
7. Loss of ability to provide location, destination, or other guidance signs in the airport operating area without directly affecting the operation of aircraft;"
8. Parachute jumping under visual flight rules in uncontrolled airspace, or in controlled airspace at published or hazardous areas, or restricted airspace;"
9. Ground unit training activities not directly affecting the operation of aircraft;"
10. Unscheduled backup systems not directly impacting operational exploitation;"
11. Restrictions on airport facilities or services not affecting operations;"
12. Regulations and guidelines from relevant Vietnamese authorities not affecting general aviation activities;"
13. Notifications or warnings about potential limitations not affecting operations;"
14. General reminders about already published news;"
15. Equipment capabilities for ground units not including information affecting operations for users of the equipment, airspace;"
16. Information about laser shows not affecting operations, fireworks below the minimum flight altitude;"
17. Partial closure of airport operating areas for planned work coordinated internally with implementation times less than one hour without directly affecting the operation of aircraft;"
18. Closure, non-compliance, or changes in airport operations outside the airport's operating hours;"
19. Other temporary similar information;"

16. Amend and supplement Point a, Point b of Clause 2 and supplement Clause 4 of Article 62 as follows:

a) Amend and supplement Point a, Point b of Clause 2 of Article 62 as follows:

"a) Military activities outside published no-fly, danger, and restricted zones in the Vietnam Aeronautical Information Publication (AIP);
b) Activities within no-fly, danger, and restricted zones not following regulations published in the Vietnam AIP;"

b) Supplement Clause 4 of Article 62 as follows:

"4. The agency or unit initiating the information must assess and determine cases affecting or not affecting flight operations to serve as the basis for deciding whether to propose the issuance of a NOTAM and bear responsibility for this proposal;"

17. Amend and supplement Article 65 as follows:

"Article 65. NOTAM Reminders

When the AIS facility issues an AIP amendment or supplement according to the AIRAC cycle, a NOTAM reminder must be issued summarizing the content, effective date, and number of the AIP amendment or supplement according to the AIRAC cycle;"

18. Amend and supplement Clause 3 of Article 66 as follows:

"3. Detailed provisions regarding the AIP shall be implemented in accordance with Annex 15 of the ICAO on AIS;"

19. Supplement Clause 3 and Clause 4 of Article 68 as follows:

"3. Agencies and units must strictly comply with the provision of aviation data and information, drafting, and issuing Vietnam AIP supplements according to the AIRAC cycle for cases specified in Article 70 of this Circular;"
4. In emergency situations or for contents not required to be issued according to the AIRAC cycle, the issuance of AIP supplements shall be applied as follows:
a) Agencies and units must submit relevant documents concerning the content to be published to the Civil Aviation Authority of Vietnam at least 28 days before the information becomes effective;
b) The AIS facility drafts a typical AIP supplement for the AIS provider to send to the Civil Aviation Authority of Vietnam for issuance at least 14 days before the information becomes effective;"

20. Amend and supplement Article 70 as follows:

"Article 70. Cases for Issuing Information According to the AIRAC Cycle and Provisions Regarding the Issuance of Information According to the AIRAC Cycle
1. Cases for Issuing Information According to the AIRAC Cycle Information issuance according to the AIRAC cycle is carried out in the case of establishing, canceling, or making significant changes to:
a) Boundaries, methods of exploiting FIRs, control zones, and controlled airspace; advisory airspace; ATS routes; no-fly, danger, restricted zones, and air defense identification zones (ADIZ); areas, routes, or parts of routes and airspace where intercept flights may occur;"
b) Position, frequency, name, known anomalies, maintenance cycle of the radio navigation system and communication surveillance systems;
c) Holding patterns, approach procedures, Standard Instrument Departure (SID), Standard Terminal Arrival Route (STAR), noise abatement procedures, and other air traffic control procedures;
d) Transition altitude, transition level, minimum flight altitude by zone;
đ) Meteorological equipment, operational methods;
e) Runway and taxiway lengths, apron;
g) Operational plans for airport operating areas (including operational plans under low visibility conditions);
h) Approach lights, runway edge lights;
i) Minimum operational standards of the airport for takeoff and landing.
2. Detailed provisions on AIRAC cycle information shall be implemented according to Annex 15 of the ICAO on AIS.

21. Amend and supplement the title of Section 7 as follows:

"Section 7. AIRPORT AVIATION INFORMATION SERVICE."

22. Amend and supplement Article 75 as follows:

"Article 75. Provision of Airport Aviation Information Service
1. The airport AIS facility is responsible for providing airport AIS.
2. The establishment of the airport AIS facility depends on factors such as the number, type, and range of operations of aircraft arriving at and departing from the airport.
3. The airport AIS facility must be located in a convenient position with signage to facilitate crew having sufficient time to complete pre-flight and post-flight procedures.
4. The airport AIS facility must maintain regular contact with representatives of related airlines or service providers assisting in flight procedures to prepare and provide pre-flight information suitable for user requirements.
5. The airport AIS facility is responsible for the quality and timeliness of aviation information when using an automatic AIS provision system."

23. Amend and supplement Clause 1 of Article 76 as follows:

"1. The Pre-flight Information Bulletin (PIB) is prepared based on the first segment of the flight route, from takeoff to the first point of landing."

24. Amend and supplement Article 77 as follows:

"Article 77. Provision of Pre-flight Information Bulletins (PIBs)

1. The PIB is made in two copies (paper or electronic form): one copy is handed over to the flight crew, airline dispatcher, or flight planning assistant, and one copy is kept for record.

2. The PIB is prepared, printed, and provided to the flight crew, airline dispatcher, or flight planning assistant three hours before the scheduled departure time for international flights and two hours before the scheduled departure time for domestic flights if remote flight procedure processing is applied; in cases of direct submission of flight plans, the PIB is provided to the flight crew, airline dispatcher, or flight planning assistant immediately after the air traffic control plan is approved.

3. Remote PIB provision is carried out through remote flight procedure processing.

4. The flight crew, airline dispatcher, or flight planning assistant must conduct briefing and presentation of the PIB contents when equipped with technical devices meeting the requirements. During briefing and presentation, if there is information that needs clarification or detailed provision, the flight crew, airline dispatcher, or flight planning assistant requests assistance from the airport AIS staff."

25. Amend and supplement Article 78 as follows:

"Article 78. Updating of Pre-flight Information Bulletins (PIBs)
1. When the airport AIS facility completes the PIB, it must monitor newly received NOTAMs to update them immediately into the PIB if these NOTAMs are directly related to the flight.
2. In case the flight crew has already received the PIB, if there are important sudden information related to the flight, the airport AIS facility or ARO facility must notify the flight crew of the content of this information through the air traffic control center, airline dispatcher, or flight planning assistant, or directly update the flight crew on board the aircraft if the system and equipment meet the operational requirements."

26. Amend and supplement Clause 2 of Article 79 as follows:

"2. In case the flight crew wishes to report information after the flight in writing, the airport AIS facility or ARO facility must guide the flight crew to implement this."

27. Amend and supplement Article 80 as follows:

"Article 80. Handling Post-flight Information
1. Upon receiving post-flight notifications from the flight crew or aircraft operator in writing or by phone regarding information not yet published in NOTAMs, supplements to AIP, AIC, or AIP which may affect flight operations, the airport AIS facility must immediately inform the Civil Aviation Authority of Vietnam and relevant agencies for inspection and handling.
2. If the post-flight notification from the flight crew or aircraft operator is confirmed to be accurate, the airport AIS facility must:
a) Immediately notify relevant ATS facilities to warn or directly warn other flight crews;
b) Immediately notify the relevant facility concerning the information mentioned.
3. If the post-flight notification from the flight crew or aircraft operator is confirmed to be inaccurate, the airport AIS facility must inform the flight crew or representative of the aircraft operator who made the post-flight notification."

28. Amend and supplement Clause 1 of Article 81 as follows:

"1. The receipt and transmission of aviation information shall be conducted through the automatic AIS/AIM system, semi-automatic NOTAM system, AFTN or AMHS, fax, email, postal service, and recorded telephone calls in the air traffic control system when immediate notification is required in emergencies, followed by confirmation in writing or by email."

29. Amend and supplement Article 82 as follows:

"Article 82. Details on AIS

Details on AIS shall be implemented according to Annex 15 of the ICAO on AIS."

30. Amend and supplement Clause 3 of Article 88 as follows:

"3. When transferring CNS systems and equipment from one operating and maintenance unit to another, all related documentation, files, and parameter records must also be transferred along with the systems and equipment."

31. Amend and supplement Point a of Clause 2 of Article 95 as follows:

"a) Immediately notify the directly related air traffic control unit about the abnormal status of CNS services; in this case, immediately after the aircraft lands, the aircraft commander must notify the airport AIS facility in accordance with Chapter IV of this Circular;"

32. Amend and supplement Clause 1 Article 97 as follows:

"1. The CNS system and equipment undergoing trial operation must meet the technical requirements set forth in Annex 10 of the ICAO on Aeronautical Telecommunications."

33. Amend and supplement Clause 1 and Clause 2 Article 103 as follows:

a) Amend and supplement Clause 1 Article 103 as follows:

"1. CNS personnel include:

a) Personnel operating and maintaining CNS systems and equipment;

b) CNS crew;

c) CNS instructors."

b) Amend and supplement Clause 2 Article 103 as follows:

"2. CNS personnel specified in point a and b of Clause 1 of this Article when performing their duties must have valid licenses and qualifications."

34. Amend and supplement Article 110 as follows:

"Article 110. Details on CNS

Details on CNS shall be implemented in accordance with Annex 10 of the ICAO on Aeronautical Telecommunications."

35. Amend and supplement point a Clause 2 and point a Clause 3 Article 116 as follows:

a) Amend and supplement point a Clause 2 Article 116 as follows:

"a) MET REPORT issued at the airport serving takeoff and landing of aircraft and broadcast on the ATIS, D-ATIS bulletin;"

b) Amend and supplement point a Clause 3 Article 116 as follows:

"a) SPECIAL issued at the airport serving takeoff and landing of aircraft and broadcast on the ATIS, D-ATIS bulletin;"

36. Amend and supplement Article 120 as follows:

"Article 120. Trend Forecast for Landing Weather Information
1. The airport meteorological service coordinates with the airport weather observation station to establish and issue TREND for airports within its responsibility area.
2. The airport weather observation station is responsible for coordinating with the airport meteorological service mentioned in Clause 1 of this Article to ensure the quality of TREND forecast information.
3. TREND is reported together with the airport weather observation bulletin and remains effective for two hours from the time of reporting the bulletin. Detailed provisions regarding TREND are carried out according to Annex 3 of the ICAO on Meteorology."

37. Amend and supplement Article 121 as follows:

"Article 121. Weather Forecast Bulletin for Takeoff
1. The airport meteorological service establishes and provides weather forecast bulletins for takeoff of aircraft from airports within its responsibility area in accordance with agreements between the airport meteorological service and the aircraft operator.
2. The airport weather observation station coordinates with the airport meteorological service mentioned in Clause 1 of this Article to receive and provide flight crews, airline dispatchers, or flight planning assistants with the requested information."

38. Amend and supplement Clause 2 Article 124 as follows:

"2. The content and method of establishing wind shear warning bulletins at the airport are carried out in accordance with ICAO regulations and guidelines."

39. Amend and supplement Article 130 as follows:

"Article 130. Collection and Storage of Aviation Meteorological Data
1. For MET facilities:
a) Airport weather observation data must be stored for at least 90 days; AWOS system data must be fully stored on the system's server; manual observation data must be recorded in logbooks and signed by the observer;
b) Received and transmitted meteorological telegrams must be stored for at least 90 days;
c) Logbooks for weather forecast discussions, shift handover logs, weather maps and diagrams, monthly, quarterly, and annual weather reports, and logs confirming the handover of meteorological products and services must be stored for at least two years.
2. For the aviation meteorological database system:
a) METAR and SPECI must be stored long-term, for at least five years;
b) Radar weather data, satellite cloud images, Vietnamese weather forecasts and warnings, and basic meteorological data (GTS) must be stored long-term, for at least five years;
c) Meteorological records must be stored in accordance with Clause 4 of Article 134.
3. Meteorological data and products related to accident and incident investigations must be stored and preserved until they are no longer needed.
4. MET facilities collect and store meteorological data in accordance with operational guidance documents."

40. Amend and supplement Clause 3 Article 132 as follows:

"3. Procedures for providing and receiving meteorological information for flights are carried out between aviation meteorological personnel and flight crew members, airline dispatchers, or flight planning assistants."

41. Amend and supplement Clause 1 Article 133 as follows:

"1. To prepare necessary meteorological data for each flight, the flight procedures office notifies the MET facility at the airport of detailed flight plan information:
a) For regular flights: notify the seasonal flight schedule; if there are changes to the plan, notify at least 12 hours before the scheduled departure time;
b) For non-regular flights: notify the flight plan immediately upon receipt."

42. Amend and supplement point d Clause 1, Clause 2, point b, c Clause 3 and Clause 4 Article 134 as follows:

a) Amend and supplement point d Clause 1 Article 134 as follows:

"d) Notify SIGMET, volcanic ash clouds, tropical storms, or low-pressure areas affecting the entire flight route."

b) Amend and supplement Clause 2 Article 134 as follows:

"2. Provide meteorological files
a) For international flights, meteorological files are prepared and provided to the flight crew, airline dispatchers, or flight planning assistants three hours before the scheduled departure time;
b) For domestic flights, meteorological files are prepared and provided to the flight crew, airline dispatchers, or flight planning assistants two hours before the scheduled departure time;
c) In cases where the flight crew, airline dispatchers, or flight planning assistants need to receive meteorological information for specific flights earlier than the times mentioned above, they must notify the relevant MET facility at least 12 hours before the scheduled departure time."

c) Amend and supplement Points b and c Clause 3 Article 134 as follows:

"b) In the case where the flight crew has received the meteorological file but the flight departure is delayed more than 03 hours compared to the initial plan, the flight crew, airline dispatchers, or flight planning support staff must reprocess the procedures for receiving aviation meteorological services to update the latest information;
c) In the case where the flight crew has completed the procedures for receiving aviation meteorological services but the aircraft has not yet departed, if new information that differs from the previously provided information is received, the meteorological staff on duty will promptly notify the flight crew through the airport control tower, airline dispatchers, or flight planning support staff."

d) Amend and supplement Clause 4 Article 134 as follows:

"4. The meteorological files must be stored in paper form or PDF format by the MET facility and related airlines for at least 30 days from the date of issuance. This information will be provided upon request for investigation purposes and will be retained until the investigation is completed."

43. Amend and supplement Clause 3 Article 135 as follows:

"3. Remote provision of meteorological files shall be carried out according to the remote flight processing procedure."

44. Amend and supplement Clause 1 Article 140 as follows:

"1. The Civil Aviation Administration of Vietnam shall inspect and supervise the provision of aviation meteorological services by service providers and users; the use of aviation meteorological services by flight crews, airline dispatchers, or flight planning support staff."

45. Amend and supplement Article 142 as follows:

"Article 142. Details on aviation meteorology

Details on aviation meteorology shall be implemented according to Annex 3 of ICAO on aviation meteorology."

46. Amend and supplement the name of Article 150 and Points a and b Clause 1 Article 150 as follows:

a) Amend and supplement the name of Article 150 as follows:

"Article 150. Air rescue personnel."

b) Amend and supplement Points a and b Clause 1 Article 150 as follows:

"a) Emergency alarm station personnel at the Airport Emergency Center;
b) Rescue coordination personnel (at the Air Rescue Coordination Center, Airport Emergency Center)."

47. Amend and supplement Clause 2 and Clause 3 Article 155 as follows:

"2. Exercise of air rescue mechanism operation
a) Annually, air rescue service providers shall develop plans and organize implementation to test and operate the advisory, command, and coordination mechanisms for rescue operations in simulated scenarios involving aircraft emergencies within their responsibility areas with relevant agencies and units;
b) Funding for this type of exercise shall be self-funded by the unit from its annual training budget.
"3. Air rescue exercises

a) Every two years, the Civil Aviation Administration of Vietnam shall lead the development of plans and coordinate with air rescue service providers to implement tests and operations of the advisory, command, coordination, and mobilization mechanisms for rescue forces and equipment in simulated scenarios involving aircraft emergencies within Vietnam's search and rescue responsibility area;

b) Funding for this type of exercise includes both government budget funds and part of the funding provided by airlines for their own participating forces and equipment."

48. Amend and supplement Article 165 as follows:

"Article 165. Details on air rescue

Details on air rescue shall be implemented according to Annex 12 of ICAO on search and rescue."

49. Amend and supplement Point k Clause 1 Article 170 as follows:

"k) Drafting proposals for CDM agreements along air routes; proposing amendments to CDM agreements to meet actual needs and requirements."

50. Supplement Point d Clause 1 Article 174 as follows:

"d) ATM trainer."

51. Amend and supplement Clause 3 Article 190 as follows:

"3. Traditional flight procedures must be periodically reviewed and evaluated every five years since the effective date of the initial flight procedures. Unscheduled reviews and evaluations of flight procedures may be decided by the Civil Aviation Administration of Vietnam based on operational requirements."

52. Amend and supplement Article 193 as follows:

"Article 193. Situations requiring flight evaluation of flight procedures and cycles for flight evaluation of flight procedures

1. Traditional flight procedures and newly developed or modified PBN procedures must be flight evaluated:

a) New equipment approach procedures before being put into operation;

b) Equipment approach procedures adjusted with changes in design standards;

c) New SID, STAR in complex terrain areas determined by the Civil Aviation Administration of Vietnam.

2. Currently applied PBN procedures must be flight evaluated periodically with the following cycles:

a) Approach procedures: every two years;

b) SID, STAR in complex terrain areas: every three years;

c) Other SID, STAR: every five years."

53. Amend and supplement Article 220 as follows:

"Article 220. Details on aviation maps and charts

Details on aviation maps and charts shall be implemented according to Annex 4 of ICAO on aviation charts."

54. Amend and supplement Clause 2 Article 230 as follows:

"2. Special approach procedures must be evaluated on simulation training systems."

55. Amend and supplement Clause 1 Article 263 as follows:

"1. Flight safety supervisors under the Civil Aviation Administration of Vietnam and Port Authorities, who are issued supervisor cards by the Civil Aviation Administration of Vietnam to perform tasks, including one or more specific fields as follows:

a) Flight Operations Management (AN);

b) ATM;

c) CNS;

d) Aviation Meteorology (MET);

đ) Aeronautical Information Service (AIS);

e) Air Rescue (SAR);

g) Flight Procedures (PANS-OPS);

h) Aviation Maps and Charts (MAP/CHART); aviation data."

56. Amend and supplement the name of Chapter XVI as follows:

Chapter XVI

FLIGHT CHECKS, CALIBRATION OF SYSTEMS, NAVIGATION AIDS, SURVEILLANCE EQUIPMENT AND FLIGHT EVALUATION OF NAVIGATION METHODS USING EQUIPMENT

57. Amend and supplement the name of Article 267 as follows:

"Article 267. Purpose of flight checks and calibration of navigation systems and equipment."

58. Amend and supplement Article 268 as follows:

"Article 268. Navigation systems and surveillance equipment must undergo regular flight checks and calibrations. Regular flight checks and calibrations include: VOR, NDB, GP, LLZ, radio beacon stations (Marker beacons), DME, airport signal light systems, GBAS, PSR system, SSR system, ADS-B system."

59. Amend and supplement Article 269 as follows:

"Article 269. Navigation systems and surveillance equipment must undergo acceptance flight checks and calibrations and re-acceptance flight checks and calibrations.

1. Navigation systems and surveillance equipment must undergo acceptance flight checks and calibrations:

a) VOR;

b) NDB;

c) GP;

d) LLZ;

đ) Radio beacon stations (Marker beacons);

e) DME;

g) Airport signal light systems;

h) GBAS;

i) PSR system;

k) SSR system;

l) ADS-B system.

2. Navigation systems and surveillance equipment must undergo re-acceptance flight checks and calibrations after antenna replacement or major repairs related to antenna emissions that have officially concluded the system or equipment was the cause of aircraft accidents. Flight checks and calibrations shall be conducted according to ICAO guidelines for flight calibration."

60. Amend and supplement Article 278 as follows:

"Article 278. Time for regular flight checks and calibrations of navigation systems and surveillance equipment

Navigation systems and surveillance equipment must undergo regular flight checks and calibrations as follows:

1. ILS (CAT.1, 2), GBAS (CAT.1, 2): every six months;

2. NDB, VOR, airport signal light systems: annually;

3. DME, PAPI: periodically corresponding to the associated ILS, VOR installations;

4. PSR, SSR, ADS-B: once a year to check special monitoring codes, every three years to evaluate coverage and quality of the system and equipment."

61. Amend and supplement Article 279 as follows:

"Article 279. Adjustment of time for regular flight checks and calibrations of navigation systems

In cases where VOR/DME, NDB navigation systems have four consecutive regular flight checks and calibrations without the need for transmitter adjustments, tolerance remains within permissible limits, and there is good correlation between ground test data and flight check/calibration data, the Civil Aviation Authority of Vietnam may consider extending the regular flight check and calibration period by twelve months."

62. Supplement Clause 3 of Article 297 as follows:

"3. Regular flight checks and calibrations are carried out to assess the actual quality and coverage of PSR/SSR systems serving air traffic control operations."

63. Amend and supplement Clause 2 of Article 333 as follows:

"2. Within ten days from the date of receipt of complete application files as prescribed, the Civil Aviation Authority of Vietnam shall review, conduct on-site inspections, request the applicant organization to provide additional explanations for relevant contents, and issue operation permits for ANS facilities; if the permit is not issued, a written response with reasons must be sent to the applicant organization. If the application file is incomplete, the Civil Aviation Authority of Vietnam shall guide the applicant organization to complete the file within three working days from the date of receipt of the file in accordance with regulations."

64. Amend and supplement Point d of Clause 1, Clause 2, and Clause 4 of Article 334 as follows:

a) Amend and supplement Point d of Clause 1 of Article 334 as follows:

"d) Restoration and full compliance with conditions stipulated in the ANS facility operation permit (applicable in cases where the operation permit has been revoked)."

b) Amend and supplement Clause 2 of Article 334 as follows:

"a) Application form for reissuing the ANS facility operation permit according to Model No. 2 specified in Appendix VIII attached to this Circular;

b) Copies of documents related to the contents specified in Points b, c, and d of Clause 1 of this Article."

c) Amend and supplement Clause 4 of Article 334 as follows:

"4. For cases of reissuance as provided for in Points c and d of Clause 1 of this Article: within eight working days from the date of receipt of complete application files as prescribed, the Civil Aviation Authority of Vietnam shall review, conduct on-site inspections if necessary; request the applicant organization to provide additional explanations for relevant contents and reissue the ANS facility operation permit; if the permit is not issued, a written response with reasons must be sent to the applicant organization. If the application file is incomplete, the Civil Aviation Authority of Vietnam shall guide the applicant organization to complete the file within three working days from the date of receipt of the file in accordance with regulations."

In case the dossier is incomplete, within three working days from the date of receipt of the dossier, the Civil Aviation Authority of Vietnam shall guide the requesting organization to complete the dossier in accordance with the regulations.

65. Amend and supplement Point b of Clause 3 and Point b of Clause 4 of Article 336 as follows:

a) Amend and supplement Point b of Clause 3 of Article 336 as follows:

"b) Have a completion acceptance record;"

b) Amend and supplement Point b of Clause 4 of Article 336 as follows:

"b) Have a completion acceptance record;"

Amend and supplement Clause 2 of Article 337 as follows:

66. Amend and supplement Clause 2 of Article 337 as follows:

"2. Within eight working days from the date of receipt of complete application files as prescribed, the Civil Aviation Authority of Vietnam shall review, conduct on-site inspections, request the applicant organization to provide additional explanations for relevant contents and issue the operation permit for technical systems and equipment ensuring flight operations; if the permit is refused, a written response with reasons must be sent to the applicant organization. If the application file is incomplete, the Civil Aviation Authority of Vietnam shall guide the applicant organization to complete the file within three working days from the date of receipt of the file in accordance with regulations."

67. Amend and supplement Clause 4 of Article 338 as follows:

68. Amend and supplement Point a Clause 1; add Points d and đ Clause 2; amend and supplement Clause 3 and Point d Clause 4 Article 339 as follows:

a) Amend and supplement Point a Clause 1 Article 339 as follows:

"a) Is a Vietnamese citizen aged 21 years or older, without any criminal record or currently serving a criminal sentence or being pursued for criminal responsibility; for air traffic management personnel, they must have at least five years of experience in flight operations management, flight coordination, or flight notification, or have graduated from a university or college specializing in air traffic control or aviation operation management;"

b) Add Points d and đ to Clause 2 Article 339 as follows:

"d) Instructors in other specialties (excluding aircraft signaling instructors) must have an English proficiency level of TOEIC 550 or equivalent, or level 3;

đ) The certificate of English proficiency for aviation operation support staff is valid for three years for levels 3 and 4, six years for level 5, and has no specified validity period for level 6."

c) Amend and supplement Clause 3 Article 339 as follows:

"3. The training period for aviation operation support staff shall be conducted according to the current regulations of the Ministry of Transport on training, instruction, and examination of aviation personnel."

d) Amend and supplement Point d Clause 4 Article 339 as follows:

"d) English proficiency level shall be implemented according to Point a and Point d Clause 2 of this Article."

69. Amend and supplement Article 340 as follows:

"Article 340. Validity period, list of licenses, and qualifications for aviation operation support staff.

1. Licenses for staff are valid for seven years from the date of issuance. The validity period of qualifications for staff is as follows:

a) Twelve months for non-traffic control qualifications: airport control; non-supervised air traffic services approach control; supervised air traffic services approach control; non-supervised air traffic services long-range control; supervised air traffic services long-range control; air traffic management (excluding air traffic management instructors); signaling; non-traffic control shift leaders at airport control, approach control, and long-range control positions;

b) Twenty-four months for remaining non-traffic control qualifications and other aviation operation support staff."
2. The list of licenses and qualifications for aviation operation support staff is detailed in Appendix XI attached to this Circular."

70. Amend and supplement Clause 2 Article 341 as follows:

"2. Within fifteen days from the date of receiving all documents, the Civil Aviation Authority of Vietnam shall review the documents, organize examinations, and issue licenses and qualifications for aviation operation support staff according to Form 03 stipulated in Appendix IX attached to this Circular; if a license or qualification is not issued, a written response must be sent to the proposing organization with a clear explanation. If the documents are incomplete, within five working days from the date of receipt of the documents, the Civil Aviation Authority of Vietnam shall guide the proposing organization to complete the documents in accordance with the regulations."

71. Amend and supplement Clause 4 Article 342 as follows:

"4. For reissued licenses and qualifications due to expiration: within twelve working days from the date of receiving the documents, the Civil Aviation Authority of Vietnam shall review the documents, organize examinations, and reissue licenses and qualifications for aviation operation support staff; if a license or qualification is not issued, a written response must be sent to the proposing organization with a clear explanation. If the documents are incomplete, within three working days from the date of receipt of the documents, the Civil Aviation Authority of Vietnam shall guide the proposing enterprise to complete the documents in accordance with the regulations."

72. Amend and supplement Section 7.2, Section 8.1, and Section 8.5 Appendix I as follows:

a) Amend and supplement Section 7.2 Appendix I as follows:

"7.2. Fill out the non-traffic control flight plan: The non-traffic control flight plan must be fully completed from the beginning to the end of the flight plan;"

b) Amend and supplement Section 8.1 Appendix I as follows:

"8.1. The flight crew, dispatchers of airlines, or flight planning assistance personnel must submit the relevant non-traffic control flight plan for the planned flight or part of the flight to the relevant air traffic service facility;"

c) Amend and supplement Section 8.5 Appendix I as follows:

"8.5. Aircraft operators shall implement remote submission of flight plans when meeting the conditions regarding infrastructure, equipment systems, software for creating and processing non-traffic control flight plans, ensuring manpower and training, operational guidance materials, contact addresses, and information security for domestic civil flights departing from Vietnamese airports. Remote submission of flight plans according to the form prescribed in Section 7 Part I of this Appendix shall be carried out through remote flight procedures, consistent with the actual operational conditions of Vietnamese airlines, ensuring flight safety and operational efficiency."

Article 2. Repeal and replace certain points, clauses, articles, and Appendices of Circular No. 19/2017/TT-BGTVT dated June 6, 2017, issued by the Minister of Transport on management and ensuring air traffic operations

1. Repeal Clause 33 of Article 4; Clause 2 of Article 76; Clause 4 of Article 111; Clause 4 of Article 132; Clause 3 of Article 341.

2. Replace Model No. 03 in Appendix IX with Model No. 1 of the Appendix attached to this Circular.

3. Replace Appendix X with Model No. 2 of the Appendix attached to this Circular.

4. Replace Appendix XI with Model No. 3 of the Appendix attached to this Circular.

Article 3. Effectiveness

1. This Circular takes effect from February 2, 2022.

2. For the validity period of Civil Aviation Search and Rescue Crew Member Licenses issued before the effective date of this Circular, such licenses shall remain valid until the end of their original validity period.

3. This Circular repeals Circular No. 09/2020/TT-BGTVT dated April 23, 2020, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 19/2017/TT-BGTVT dated June 6, 2017 on management and ensuring air traffic operations.

Article 4. Responsibilities for Implementation

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