Circular No. 41/2015/TT-BGTVT amending and supplementing some provisions in Part 12 and Part 14 of the Civil Aviation Safety Regulations in the field of aircraft and aircraft operation issued together with Circular No. 01/2011/TT-BGTVT dated January 27, 2011 by the Minister of Transport.

CIRCULAR

Amending and supplementing some provisions in Part 12 and Part 14 of the Civil Aviation Safety Regulations for Aircraft and Aircraft Operations

issued together with Circular No. 01/2011/TT-BGTVT dated January 27, 2011, of the Minister of Transport.

Circular No. 01/2011/TT-BGTVT dated January 27, 2011, of the Minister of Transport.

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Pursuant to the Labor Code 2012;

Pursuant to the Civil Aviation Law of Vietnam 2006;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Legal Department and the Director General of the Civil Aviation Authority of Vietnam,

The Minister of Transport issues this Circular amending and supplementing some provisions in Part 12 and Part 14 of the Civil Aviation Safety Regulations for Aircraft and Aircraft Operations issued together with Circular No. 01/2011/TT-BGTVT dated January 27, 2011, of the Minister of Transport.

Article 1. Amending and supplementing some provisions in Part 12 and Part 14 of the Civil Aviation Safety Regulations for Aircraft and Aircraft Operations issued together with Circular No. 01/2011/TT-BGTVT dated January 27, 2011, of the Minister of Transport.

1. Supplementing Point k to Clause 12.023 Chapter B Part 12 of the Civil Aviation Safety Regulations for Aircraft and Aircraft Operations as follows:

"(k) In case of adding new aircraft to the Air Operator Certificate (AOC), within ninety days (90 days) from the date of planned operation commencement, the aircraft operator shall submit in writing the plan for ensuring human resources for aircraft operation (including flight crew members, air traffic controllers, and flight operations personnel), and the maintenance and repair plan for the aircraft to the Civil Aviation Authority of Vietnam for examination and approval."

2. Supplementing Clause 3 to Clause 14.003 Chapter A Part 14 of the Civil Aviation Safety Regulations for Aircraft and Aircraft Operations as follows:

"(3) Highly qualified aviation personnel include: flight crew members (pilots); aircraft maintenance and repair personnel and equipment with CRS certification level B or higher; air traffic controllers and flight operations personnel."

3. Supplementing Article 14.169 to Chapter J Part 14 of the Civil Aviation Safety Regulations for Aircraft and Aircraft Operations as follows:

"14.169 PROVISIONS ON THE MANAGEMENT OF HIGHLY QUALIFIED AVIATION PERSONNEL

1. Aircraft operators, maintenance organizations, and highly qualified aviation personnel must comply with the following regulations:

a) Aircraft operators, maintenance organizations, and highly qualified aviation personnel must have a labor contract or a subcontracted labor contract (hereinafter referred to as labor contract) in accordance with the laws on labor and the provisions of this Circular.

b) Aircraft operators and maintenance organizations are responsible for specifying costs, compensation for training and operational costs, and costs associated with breaking time commitments after training when unilaterally terminating the labor contract before the agreed term, serving as the basis for signing training contracts and labor contracts with highly qualified aviation personnel.

c) The labor contract between the aircraft operator and highly qualified aviation personnel consists of two (02) original copies, of which one (01) copy is retained by the aircraft operator and one (01) copy is retained by the highly qualified aviation personnel. Within seven (07) working days from the date of signing the labor contract, the aircraft operator must send a list of highly qualified aviation personnel along with a copy of the signed labor contract to the Civil Aviation Authority of Vietnam for monitoring and management. If there are changes to the list of highly qualified aviation personnel specified herein, within seven (07) working days from the date of signing the labor contract, the aircraft operator is responsible for notifying the Civil Aviation Authority of Vietnam to update.

2. Termination of labor contract

a) Highly qualified aviation personnel have the right to unilaterally terminate the labor contract before the expiration date but must notify in writing the aircraft operator and maintenance organization 120 days prior to the anticipated termination date to allow the aircraft operator to plan to maintain operations according to the approved flight schedule.

b) If the unilateral termination of the labor contract as stipulated in point a of this clause ends in June or July of the year, the labor contract will be extended until the end of July of that year. If the termination date of the labor contract falls in January or February of the year, the labor contract will be extended until the end of February of that year.

c) When terminating the labor contract prematurely, highly qualified aviation personnel are responsible for fulfilling all obligations under the training contract, labor contract, and related agreements.

d) The aircraft operator and maintenance organization are responsible for terminating the labor contract when all parties have fulfilled their obligations under the training contract, labor contract, and related agreements.

3. Highly qualified aviation personnel may transfer to another aircraft operator or maintenance organization in accordance with the law if they meet the following requirements:

a) They have terminated the labor contract and fully performed all obligations (if any) towards the current aircraft operator or maintenance organization in accordance with the regulations.

b) They have a labor contract with a new aircraft operator or maintenance organization."

Article 2. Effective Date

"Article 10

2. Aircraft operators, maintenance organizations, and highly qualified aviation personnel are responsible for reviewing the contents of the contracts signed before the effective date of this Circular to amend and supplement them in accordance with the provisions of this Circular.

Article 3. Implementation Organization

The Head of the Office, the Inspector General, the Heads of Departments, the Director General of the Civil Aviation Authority of Vietnam, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.