Circular No. 51/2018/TT-BGTVT Amending and supplementing certain provisions of Circular No. 17/2016/TT-BGTVT dated June 30, 2016 of the Ministry of Transport detailing the management and operation of civil airports

CIRCULAR

Amending and supplementing certain articles of Circular No. 17/2016/TT-BGTVT dated June 30, 2016 of the Ministry 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. 102/2015/NĐ-CP dated October 20, 2015, promulgated by the Government on the management and operation of civil aviation airports;

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;

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

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

1. 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 and supplementing Point c Clause 1 of Article 17 as follows:

“c) A copy from the original book or a copy and presenting the original for verification or a certified copy (in case of submitting the application directly), a certified copy (in case of submitting the application through postal service) investment approval document or decision approving the investment or certificate of investment registration;”

2. 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 presenting the original for verification or a certified copy (in case of submitting the application directly), a certified copy (in case of submitting the application through postal service) investment approval document or decision approving the investment or certificate of investment registration;”

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

“3. Within no more than five working days from the date of receiving complete files as prescribed, the Civil Aviation Port Authority shall issue a land lease decision according to Model No. 03 stipulated in the Appendix issued together with this Circular; proceed with the actual land handover and prepare a handover record according to Model No. 04 stipulated in the Appendix issued together with this Circular; send the land lease decision, the land lease application file of organizations and individuals to the competent authority of the locality to request issuance of the land lease price according to regulations.”

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

“4. After three working days from the date of receiving the land lease price, the Civil Aviation Port Authority shall sign the land lease contract according to Model No. 05 stipulated in the Appendix issued together with this Circular.”

3. 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 book or a copy and presenting the original for verification or a certified copy (in case of submitting the application directly), a certified copy (in case of submitting the application through postal service) land lease decision, land lease contract, financial obligation completion evidence regarding land according to the laws of the most recent year;”

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

“4. Within no more than five working days from the date of receiving complete files as prescribed, the Civil Aviation Port Authority shall issue a land lease extension decision according to Model No. 11 stipulated in the Appendix issued together with this Circular; send the land lease extension decision, the land lease application file of organizations and individuals to the competent authority of the locality to request issuance of the land lease price according to regulations.”

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

“5. After three working days from the date of receiving the land lease price, the Civil Aviation Port Authority shall sign the land lease contract according to Model No. 05 stipulated in the Appendix issued together with this Circular.”

4. Amending and supplementing Point b Clause 1 of Article 36 as follows:

“b) A copy from the original book or a copy and presenting the original for verification or a certified copy (in case of submitting the application directly), a certified copy (in case of submitting the application through postal service) establishment decision or business registration certificate of the airport owner or organization entrusted with managing the airport; identity card or citizen identification card or passport of the airport owner who is an individual;”

5. Amending and supplementing Clause 2 of Article 39 as follows:

“2. Within eight days from the date of receiving complete files as prescribed, the Vietnam Civil Aviation Administration shall be responsible for reviewing the airport operation documents, 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) Verifying the actual conditions of the airport concerning the operation documents.

6. Supplementing Article 39a as follows:

“Article 39a. Procedures for issuing, reissuing, and revoking the Business License for Airports

1. Individuals and organizations applying for the Business License for Airports shall submit one set of application files directly or through postal service or by other appropriate means to the Vietnam Civil Aviation Administration and shall bear responsibility for the accuracy and truthfulness of the information in the application files. The application files 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) A copy of the document proving the organizational structure and staff holding licenses and certificates meeting the requirements for professional expertise in airport operations 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 ten days from the date of receiving complete files as prescribed, the Vietnam Civil Aviation Administration shall organize the review and issue the Business License for Airports according to Model No. 13 stipulated in the Appendix issued together with this Circular; if not issuing the license, it must send a written reply to the applicant and specify the reasons.

In case the application files are not valid, within three working days from the date of receiving complete files, the Vietnam Civil Aviation Administration shall send a written reply and guide the applicant to complete the application files according to 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 shall submit one set of application files for reissuing the Business License for Airports directly or through postal service or by other appropriate means to the Vietnam Civil Aviation Administration and shall bear responsibility for the accuracy and truthfulness of the information in the application files. The application files 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 changes in content: within five working days from the date of receiving complete files as prescribed, the Vietnam Civil Aviation Administration shall reissue the Business License for Airports; if not issuing the license, it must send a written reply to the applicant and specify the reasons.

6. For reissued licenses due to loss or damage: within three working days from the date of receiving the request, the Vietnam Civil Aviation Administration shall be responsible for examining and deciding to reissue the license or notify in writing the reasons for refusing to issue the license to the applicant.

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 Vietnam Civil Aviation Administration shall issue a decision to revoke the validity of the license, specifying the reasons and the time of revocation of the license's validity. The enterprise operating the airport must immediately cease its airport business operations according to the decision that has been issued.

9. The Civil Aviation Administration of Vietnam shall notify the Civil Aviation Inspection Units about the issuance, reissuance, and revocation of airport operation permits for the purpose of inspection and supervision.

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

“2. Airport operators must amend and supplement the airport operating documentation when there are changes related to the contents of such 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 five working days from the date of receipt of the dossier in accordance with regulations, the Civil Aviation Administration of Vietnam shall organize an assessment, verification against actual conditions, approve the amendment and supplementation of the documentation, or notify in writing the reasons for rejecting the approval to the applicant.”

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

“3. Within twelve days from the date of receiving all required documents in accordance with regulations, 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 airports. In case of refusal to approve, a written notification must be issued to the applicant, clearly stating the reasons.”

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

“3. Within five working days from the date of receiving all required documents in accordance with regulations, the Civil Aviation Administration of Vietnam shall examine and decide on the commissioning of works or parts thereof belonging to the airport infrastructure, temporarily closing part of the airport infrastructure. In case of non-approval, the Civil Aviation Administration of Vietnam must issue a written notification, clearly stating the reasons.”

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

“1. Equipment managers and operators shall submit one set of application dossier for equipment operation permit directly or through postal service or other appropriate means 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 five working days from the date of receiving all required documents in accordance with regulations, the Civil Aviation Administration of Vietnam shall organize an assessment and decide on the issuance of the permit or notify in writing the reasons for rejecting the issuance of the permit to the applicant.”

11. Amend and supplement Clause 2 and Clause 3 of Article 60 as follows:

a) Amend and supplement Clause 2 of Article 60 as follows:

“2. Organizations applying for the issuance of air traffic control and aircraft equipment operation permits for the first time shall submit one set of application dossier directly or through postal service or other appropriate means to the Civil Aviation Administration of Vietnam. The dossier includes:

a) An application for the issuance of the permit by the organization managing air traffic controllers and aircraft equipment operators, accompanied by a list of air traffic controllers and aircraft equipment operators;

b) A copy of a valid motor vehicle driver's license (for air traffic controllers), and a certificate of training in air traffic control and aircraft equipment operation issued by the manufacturer or a qualified training institution in accordance with regulations;

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

Within eighteen days from the date of receiving all required documents in accordance with regulations, the Civil Aviation Administration of Vietnam shall assess the dossier, conduct an examination, and decide on the issuance of the permit or notify in writing the reasons for rejecting the issuance of the permit to the applicant.”

b) Amend and supplement Clause 3 of Article 60 as follows:

“3. Air traffic control and aircraft equipment operation permits for restricted areas of airports may be reissued upon expiration of their validity period, loss, or damage. Organizations applying for the reissue of these permits shall submit one set of application dossier directly or through postal service or other appropriate means to the Civil Aviation Administration of Vietnam. The dossier includes:

a) An application for reissuance of the permit by the organization managing air traffic controllers and aircraft equipment operators, accompanied by a list of air traffic controllers and aircraft equipment operators;

b) A copy of a valid motor vehicle driver's license (for air traffic controllers), and a certificate of training in air traffic control and aircraft equipment operation issued by the manufacturer or a qualified training institution in accordance with regulations;

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

Within eighteen days for expired permits and five working days for lost or damaged permits from the date of receiving all required documents in accordance with regulations, the Civil Aviation Administration of Vietnam shall assess the dossier, conduct an examination (for expired permits), and decide on the reissuance of the permit or notify in writing the reasons for rejecting the reissuance of the permit to the applicant.”

12. Replace Model No. 03 of the Appendix promulgated together with Circular No. 17/2016/TT-BGTVT with Model No. 03 of the Appendix promulgated together with this Circular.

13. Supplement Models No. 11, No. 12, and No. 13 to the Appendix promulgated together with this Circular.

Article 2. Effective Date

This Circular takes effect from November 5, 2018.

Article 3. Implementation Organization

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

2. During implementation, if issues arise, organizations and individuals should promptly report them to the Ministry of Transport for review and resolution./.