Circular No. 35/2021/TT-BGTVT amending and supplementing certain articles of Circular No. 10/2018/TT-BGTVT dated March 14, 2018 of the Minister of Transport on aviation staff; training, instruction, and examination of aviation staff.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 10/2018/TT-BGTVT dated March 14, 2018 issued by the Minister of Transport on aviation staff; training, instruction, and examination of aviation staff dated March 14, 2018concerning aviation personnel; training, instruction andexamination of aviation personnel

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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, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 92/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditional business sectors and trades in the civil aviation sector;

Pursuant to Decree No. 89/2019/NĐ-CP dated November 15, 2019 of the Government amending and supplementing certain provisions of Decree No. 92/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditional business sectors and trades in the civil aviation sector and Decree No. 30/2013/NĐ-CP dated April 8, 2013 of the Government on air cargo transportation business and common aviation activities;

At the proposal of the Department Head of Traffic Safety and the Director of the Civil Aviation Administration of Vietnam,

The Minister of Transport hereby issues this Circular amending and supplementing certain provisions of Circular No. 10/2018/TT-BGTVT dated March 14, 2018 of the Minister of Transport stipulating aviation staff; training, instruction, and examination of aviation staff.

Article 1. Amending and supplementing certain provisions of Circular No. 10/2018/TT-BGTVT dated March 14, 2018 of the Minister of Transport stipulating aviation staff; training, instruction, and examination of aviation staff.

1. Amending Clause 8 and supplementing Clause 10, Clause 11 of Article 4 as follows:

a) Amending Clause 8 of Article 4 as follows:

8. Training and instruction facilities for aviation staff (referred to as training facilities) are facilities that meet the conditions for conducting training and instruction of aviation staff as prescribed by law."

b) Supplementing Clause 10 of Article 4 as follows:

"10. Online training and instruction is a form of training and instruction of aviation staff conducted through online training and instruction software and information technology infrastructure on the Internet platform."

c) Supplementing Clause 11 of Article 4 as follows:

"11. Online training and instruction materials include textbooks, teaching materials or reference materials, evaluation tests presented in the form of presentation files, images, videos, and direct interactive applications between teachers and students."

2. Amend Article 5 as follows:

"Article 5. Teaching time, conversion of teaching time

1. Teaching time in the training program is measured in class hours.

2. Converting teaching time: one theoretical class equals 45 minutes, one practical class equals 60 minutes."

3. Amending Clause 1 of Article 6 as follows:

"1. Crew members include the main pilot, co-pilot, and other aviation staff suitable for the type of aircraft."

4. Amending Clause 3 of Article 7 as follows:

"3. Ground operation staff serving flights perform one or several tasks: monitoring, coordinating, serving passengers, luggage, cargo, aircraft at airports and air service facilities outside the airport boundary approved by the Civil Aviation Administration of Vietnam."

5. Amending Clause 1 of Article 10 as follows:

"1. An aviation staff license is granted to individuals who meet the requirements set forth in Article 8 of this Circular and pass the licensing examination and qualification requirements of the Civil Aviation Administration of Vietnam."

6. Amending Article 15 as follows:

"Article 15. Online training and instructing aviation staff

1. The form of online training and instructing shall only apply to theoretical subjects.

2. The content of online training and instructing must comply with the contents of the training and instruction programs as prescribed in Article 12 and Clause 1 of Article 21 of this Circular.

3. Learning materials for online training and instructing shall be developed according to the training and instruction program for aviation staff as stipulated in Article 12 and Clause 1 of Article 21 of this Circular.

4. The online training and instructing software shall organize classes through the internet space via video channels, audio channels, and text channels (sharing computer screens and electronic devices), and shall have the following functions:

a) Assisting teachers in delivering lectures, organizing storage and transmission of online training and instruction materials to students; monitoring, checking, and evaluating student learning outcomes; monitoring and supporting students in utilizing online training and instruction materials; providing advice, support, answering questions, and resolving doubts of students during the learning process;

b) Assisting students in accessing and utilizing learning content from online training and instruction materials; performing learning and assessment activities as required by teachers; posing and answering questions with teachers and other students in the learning space;

c) Allowing training facilities to manage student records, learning progress, learning outcomes, and teaching activities of teachers; supporting management of other information as required by the training facility and state management agencies regarding staff training and instruction.

5. Information technology infrastructure serving the management and organization of online training and instructing must ensure:

a) Internet connectivity must meet user access requirements without causing network congestion or overload;

b) Connection devices, computers, and terminal equipment must have configurations suitable for installing online training and instructing software;

c) Information security and confidentiality for restricted teaching materials as prescribed by law.

6. Evaluation of online learning outcomes:

a) Online learning outcome assessments of students shall be conducted directly at the training and instruction facility. In cases where students cannot attend the training facility due to force majeure, natural disasters, or epidemics, the assessment can be conducted online;

b) Online evaluation of learning outcomes must ensure accuracy, fairness, and objectivity.

7. Online training and instructing records shall be managed and stored at the training institution, including:

a) Records related to the contents stipulated in Clauses 3 and 6 of this Article;

b) Data on the online training and instructing process on the online training and instructing system;

c) Training and instructing plans for online courses and subjects at the training institution;

d) Assessment records of the learning process and outcomes of students."

7. Supplementing Clause 6 and Clause 7 of Article 17 as follows:

"6. Organizing re-examinations (if applicable) for paper-based examinations and notifying the results to those requesting re-examination.

7. Preparing the working record of the Examination Board according to the model prescribed in Appendix 06 attached to this Circular."

8. Amending Article 18 as follows:

"Article 18. Duties of the Examination Team

1. To compile theoretical and practical examination questions, answers, and grading scales suitable for the examination, and report to the Examination Board.

2. To inspect examination equipment, facilities, locations, and safety measures during the examination process.

3. To require candidates to comply with examination rules; prevent unauthorized persons from entering theoretical or practical examination rooms.

4. To record and handle violations within their scope of duties and powers, or report to the Examination Board.

5. To conduct examinations, consolidate results, evaluate examination sessions, and report to the Examination Board.

6. Examiners are responsible for examination results assigned by the Examination Team. The Team Leader of the Examination Team is responsible for the examination results and reports the examination results to the Examination Board."

9. Amending Clause 2, Clause 5 of Article 20 as follows:

a) Amending Clause 2 of Article 20 as follows:

"2. Organizing the compilation and issuance of training and instruction textbooks in accordance with Clause 2 of Article 12 and Clause 1 of Article 21 of this Circular; deciding on the form of direct or online training and instruction."

b) Amending Clause 5 of Article 20 as follows:

"5. Reporting to the Civil Aviation Administration of Vietnam on the results of staff training and instruction activities, in detail as follows:

a) Report title: Results of training and vocational training for aviation personnel;

b) Content of report: matters related to the training and vocational training of aviation personnel as stipulated in Appendices 07, 07A, 07B;

c) Method of sending and receiving reports: periodic reports are presented in the form of paper documents or electronic copies, sent via one of the following methods: direct delivery; postal service or other methods as prescribed by law;

d) Frequency of reporting: annually;

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

f) Time period for data consolidation in the report: from December 15 of the previous reporting period to December 14 of the current reporting period;

g) Report outline template: as prescribed in Appendices 07, 07A, 07B attached to this Circular."

Article 2. Supplementing and replacing some Appendices issued together with Circular No. 10/2018/TT-BGTVT dated March 14, 2018, of the Minister of Transport on aviation staff; training, instruction, and examination of aviation staff.

1. Replacing Appendix 03 with Appendix I issued together with this Circular.

2. Replacing Appendix 04 with Appendix II issued together with this Circular.

3. Replacing Appendix 05 with Appendix III issued together with this Circular.

4. Supplementing Appendix 06 to Circular No. 10/2018/TT-BGTVT dated March 14, 2018 with Appendix IV issued together with this Circular.

5. Supplementing Appendix 07 to Circular No. 10/2018/TT-BGTVT dated March 14, 2018 with Appendix V issued together with this Circular.

6. Supplementing Appendix 07A to Circular No. 10/2018/TT-BGTVT dated March 14, 2018 with Appendix VI issued together with this Circular.

7. Supplementing Appendix 07B to Circular No. 10/2018/TT-BGTVT dated March 14, 2018 with Appendix VII issued together with this Circular.

Article 3. Implementation Provisions

1. This Circular shall take effect from February 2, 2022.

2. Training and instruction courses that are being conducted before this Circular takes effect shall continue until completion.

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