Circular No. 61/2011/TT-BGTVT on aviation staff, training institutions, vocational training institutions for aviation staff, and English proficiency assessment institutions for aviation staff.

CIRCULAR

Regulations on aviation staff, training institutions, vocational training for aviation staff, and assessment centers for English proficiency of aviation staff.

Regulations on aviation staff, training institutions, vocational training for aviation staff, and assessment centers for English proficiency of aviation staff.

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MINISTER OF TRANSPORT

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport shall stipulate regulations on aviation staff, training institutions, vocational training for aviation staff, and assessment centers for English proficiency of aviation staff as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars specify the positions, duties according to positions, standards for aviation staff; procedures for issuing licenses for aviation staff; procedures for issuing certificates for training institutions meeting conditions for vocational training for aviation staff and assessment centers meeting conditions for English proficiency assessment for aviation staff.

Article 2. Applicability

These Circulars apply to organizations and individuals related to aviation staff, training institutions for vocational training for aviation staff, and assessment centers for English proficiency of aviation staff.

Chapter II

POSITIONS, DUTIES, LICENSES AND SPECIALTY CERTIFICATES FOR AVIATION STAFF

Article 3. Positions of aviation staff

1. Flight crew member.

2. Flight training instructor.

3. Cabin crew.

4. Aircraft maintenance and repair personnel.

5. Ground staff.

6. Air traffic information officer.

7. Communication, navigation, surveillance officer.

8. Aviation meteorological officer.

9. Air traffic control and operation officer.

10. Civil aviation flight procedure design officer.

11. Aviation search and rescue officer.

12. Aircraft equipment control and operation officer at restricted areas of airports.

13. Aviation security officer.

14. Ground service staff supporting flights.

Article 4. Duties according to positions of aviation staff

1. Flight crew members perform tasks of controlling aircraft, ensuring safety during flights in accordance with regulations set forth in specialized legal documents on flight operations and aircraft.

2. Flight instructors perform tasks of practical flight training for student pilots in accordance with regulations set forth in specialized legal documents on flight operations and aircraft.

3. Cabin crew members perform tasks of ensuring passenger safety during flights, serving on board aircraft as assigned by the aircraft operator or the aircraft commander in accordance with regulations set forth in specialized legal documents on flight operations and aircraft.

4. Aircraft maintenance and repair staff perform tasks of maintaining and repairing aircraft and equipment in accordance with regulations set forth in specialized legal documents on aircraft maintenance and repair.

5. Ground staff perform the following tasks for air traffic control operations including: ground control, airport control, approach control, long-range control; flight notifications; air traffic advisory services; alerts and other tasks as prescribed in specialized legal documents on air traffic control.

6. Air traffic information officers perform tasks of collecting, processing, providing, and exchanging air traffic information services for domestic and foreign organizations and individuals, and other tasks as prescribed in specialized legal documents on air traffic information.

7. Communication, navigation, surveillance officers perform tasks of operating and maintaining communication networks (AFTN), shortwave radio communication equipment (HF A/G), very high frequency (VHF) communication equipment, voice switching systems (VCCS), recording devices; VHF omnidirectional range (VOR) stations, distance measuring equipment (DME), non-directional beacons (NDB), instrument landing systems (ILS/DME/Marker); primary radar surveillance systems (PSR), secondary radar surveillance systems (SSR), flight data processing systems (FDP), radar data processing systems (RDP); airport power supply and lighting systems; testing and calibrating communication, navigation, and surveillance equipment (CNS), flight procedures, and other tasks as prescribed in specialized legal documents on communication, navigation, and surveillance.

8. Aviation meteorological officers perform tasks of operating and maintaining meteorological equipment; collecting, analyzing, and processing meteorological data, preparing weather forecasts and warnings; providing meteorological information to organizations and individuals related to aviation activities, and other tasks as prescribed in specialized legal documents on meteorology and aviation meteorology.

9. Air traffic control and operation officers perform tasks of planning flights for aircraft operators and assisting flight crews during flight operations in accordance with regulations set forth in specialized legal documents related to air traffic control and flight operations.

10. Civil aviation flight procedure design officers perform tasks of designing civil aviation flight procedures and other tasks as prescribed in specialized legal documents on flight procedure design.

11. Aviation search and rescue officers perform tasks of conducting search and rescue operations, coordinating with relevant agencies and units to carry out search and rescue work, and other tasks as prescribed in specialized legal documents on aviation search and rescue.

12. Aircraft equipment control and operation officers at restricted areas of airports perform tasks of controlling and operating aircraft equipment and operational means in restricted areas of airports in accordance with regulations set forth in specialized legal documents on airport management and operations.

13. Aviation security officers are responsible for inspecting and supervising aviation security in restricted areas of airports; maintaining public area supplies at airports; patrolling and guarding the airport perimeter, restricted areas at airports, and parked aircraft at airports; ensuring security on flights, and other tasks as prescribed in specialized legal documents on aviation security.

14. Ground service staff for flights shall perform tasks including monitoring flight services; checking and processing passenger, baggage, and cargo transportation procedures at airports; balancing aircraft weight; inspecting dangerous goods before loading onto the aircraft; cleaning the aircraft; guiding loading; loading and unloading baggage and cargo on and off the aircraft; and other tasks as prescribed in relevant specialized legal documents.

Article 5. Standards for aviation personnel

1. Possess a professional certificate for aviation personnel as appropriate.

2. Complete one of the training programs for aviation personnel as specified in points a and b of Clause 1, Article 6 of this Circular at a vocational training institution for aviation personnel.

3. Meet the requirements regarding professional qualifications, health, age, and practical training time as prescribed in relevant specialized legal documents on aviation.

Article 6. Professional certificates for aviation personnel

1. The professional certificates for aviation personnel stipulated in this Circular include one of the following types:

a) Academic degrees or certificates from completing basic training programs in the aviation field at educational institutions in Vietnam under the national education system;

b) Certificates from completing basic training programs in the aviation field at vocational training institutions for aviation personnel in Vietnam certified by the Civil Aviation Authority of Vietnam as having the necessary conditions to provide such training;

c) Certificates from completing basic training programs in the aviation field at training organizations that are official members of the International Civil Aviation Organization's Civil Aviation Training Organization (TRAINAIR/ICAO); the International Air Transport Association (IATA); equipment manufacturing facilities; foreign vocational training institutions for aviation personnel recognized by the Civil Aviation Authority of Vietnam pursuant to Article 23 of this Circular and other specialized legal documents on aviation.

2. The professional certificate for aviation personnel stipulated in point c of Clause 1 of this Article shall only be recognized in Vietnam if the holder has completed supplementary training on topics not covered in the basic training program in the aviation field as specified in point a of Clause 1 of Article 18 of this Circular at a training institution certified by the Civil Aviation Authority of Vietnam as having the necessary conditions to provide such training.

Article 7. Aviation Personnel License

1. The following positions in aviation personnel must hold an aviation personnel license when performing their duties:

a) Positions in aviation personnel as specified in Clauses 1, 2, 4, 5, 6, 8, 9, 10, 12, and 13 of Article 3 of this Circular;

b) Positions in aviation information, navigation, and surveillance personnel as specified in Clause 7 of Article 3 of this Circular performing duties related to the operation, maintenance, and repair of fixed telecommunications network systems (AFTN), shortwave radio communication equipment (HF A/G), very high frequency communication equipment (VHF), voice switching systems (VCCS), recording devices; VHF omnidirectional range (VOR) navigation aids, distance measuring equipment (DME), non-directional beacons (NDB), instrument landing systems (ILS/DME/Marker); primary radar surveillance systems (PSR), secondary radar surveillance systems (SSR), flight data processing systems (FDP), radar data processing systems (RDP); airport power supply and signal lights; flying calibration tests of navigation, surveillance, and communication equipment (CNS) and flight procedures.

2. Conditions for obtaining an aviation personnel license include:

a) Meeting the standards prescribed in Article 5 of this Circular;

b) Participating in and passing the professional qualification examination conducted by the Civil Aviation Authority of Vietnam;

c) Meeting the requirements as prescribed in relevant specialized legal documents on aviation.

3. An aviation personnel license shall include the following contents:

a) National emblem of the Socialist Republic of Vietnam;

b) Issuing authority;

c) Name of the license;

d) License number;

d) Date of issuance and validity period of the license;

e) Name, date of birth, address, nationality of the licensed person;

g) Rights and obligations of the licensed person;

h) Qualification level;

i) Signature of the licensed person and stamp of the issuing authority;

k) Other requirements as prescribed in relevant specialized legal documents on aviation.

4. Aviation personnel who do not fall within the scope specified in Clause 1 of this Article must hold the professional certificate as specified in Clause 1 of Article 6 of this Circular when performing their duties.

Article 8. Procedures for Issuing and Recognizing Aircrew Licenses

1. The person requesting to issue or recognize an aircrew license shall submit one set of application documents directly or through postal service to the Civil Aviation Authority of Vietnam. The application package includes the following documents:

a) An application form for issuing or recognizing an aircrew license according to the model prescribed in Appendix I attached to this Circular (for individuals who are not part of an organization). An application form for issuing or recognizing an aircrew license according to the model prescribed in Appendix Ia accompanied by a list of requests for issuing aircrew licenses according to the model prescribed in Appendix Ib attached to this Circular (for organizations);

b) A copy of the relevant professional qualification certificate;

c) Two color photographs measuring 3 x 4 cm, taken within six months, in the format of a national identity card;

d) A document certifying the results of the required training according to Clause 2, Article 5 of this Circular;

đ) Other documents as prescribed in other regulatory legal documents concerning the aviation industry;

2. Within thirty days from the date of receiving a complete application package as prescribed, the Civil Aviation Authority of Vietnam shall organize an examination and issue or recognize an aircrew license for those who meet the requirements.

3. In cases where the application package is incomplete, within three working days from the date of direct receipt of the application or the postmark date, the Civil Aviation Authority of Vietnam must notify in writing about the missing contents and request the applicant to supplement the application package. If the examination, testing, and issuance of the aircrew license are refused, the Civil Aviation Authority of Vietnam shall notify the applicant, stating the reasons.

Article 9. Validity Period and Effectiveness of Aircrew Licenses

1. The validity period of an aircrew license is seven years; if other regulatory legal documents concerning the aviation industry provide otherwise, such provisions shall apply.

2. For positions requiring time-limited qualifications, the license is only valid when the qualification remains valid.

Article 10. Procedures for Reissuing Aircrew Licenses

1. A reissue of the license occurs when the issued license has expired, been lost, or damaged.

2. The application package for reissuing an aircrew license includes:

a) An application form for reissuing an aircrew license according to the model prescribed in Appendix II attached to this Circular (for individuals who are not part of an organization). An application form for reissuing an aircrew license according to the model prescribed in Appendix IIa accompanied by a list according to the model prescribed in Appendix IIb attached to this Circular (for organizations);

b) The original license (in cases where the license has expired or is damaged);

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

3. In cases of reissuance due to loss or damage of the license, within ten days from the date of receiving a complete application package as prescribed, the Civil Aviation Authority of Vietnam shall reissue the license to the applicant or notify in writing of the refusal, stating the reasons.

4. In cases of reissuance due to expiration of the license, within twenty days from the date of receiving a complete application package as prescribed, the Civil Aviation Authority of Vietnam shall organize an examination and reissue the license to the applicant or notify in writing of the refusal, stating the reasons.

Article 11. Qualification, validity period of qualification for aviation staff 1. Qualification is a certification of professional competence of aviation staff meeting the conditions to perform tasks according to the position stated in the aviation staff license. The list of qualifications for aviation staff is specified in Appendix III attached hereto.

2. The validity period of the qualification is the validity period of the license, except for specific cases prescribed in other legal documents on the specialized field of aviation.

3. The initial qualification is issued together with the aviation staff license as stipulated in Article 8 of this Circular, the application dossier for issuing the qualification is also the license issuance dossier.

Article 12. Procedures for reissuing, supplementing, restoring qualifications for aviation staff

1. The application dossier for reissuing, supplementing, restoring qualifications includes the following documents:

a) Application form for reissuing, supplementing, restoring qualifications for aviation staff as prescribed in Appendix IV attached hereto (for individuals who are not part of organizations). Application form for reissuing, supplementing, restoring qualifications for aviation staff as prescribed in Appendix IVa accompanied by a list of applications as prescribed in Appendix IVb attached hereto (for organizations);

b) A copy of the training results for the qualification being applied for reissue or restoration;

c) A copy of the relevant professional certificate for the qualification being applied for supplementation;

d) Original aviation staff license;

đ) Other documents as prescribed in other legal documents on the specialized field of civil aviation.

2. Within twenty days from the date of receiving a complete application dossier as prescribed, the Civil Aviation Authority of Vietnam shall organize examination and reissue, supplement, restore qualifications for the applicant or notify in writing of refusal, stating the reasons.

3. During the period of applying for reissuing, restoring qualifications, aviation staff may perform work according to the valid qualification without carrying the aviation staff license.

4. In cases where the procedures for reissuing, supplementing, restoring qualifications for aviation staff are prescribed in other legal documents on the specialized field of aviation, such provisions shall be applied.

Article 13. Revocation of aviation staff licenses

1. Cases of revoking aviation staff licenses

a) The person holding the license no longer meets the conditions for obtaining the license;

b) The license has been erased or altered;

c) The person holding the license uses the license for purposes other than those intended;

d) The person holding the license commits acts that directly threaten aviation safety and security;

đ) The person holding the license uses drugs or is prosecuted for criminal offenses.

2. Authority to revoke licenses

The authority issuing the license has the power to revoke the license.

Article 14. Examination Board

1. The Civil Aviation Authority of Vietnam establishes an Examination Board for each specialized field to conduct examinations and assessments to issue licenses and qualifications for aviation staff.

2. The Examination Board is responsible for establishing the operating regulations of the Board, examination contents, and answers to be submitted to the Director of the Civil Aviation Authority of Vietnam for approval.

3. The Examination Board operates based on the principle of majority rule; at least two-thirds of the members must be present at meetings; conclusions of the Board have value when at least seventy percent of the members present agree.

4. The Examination Board is permitted to use officers and employees with appropriate professional expertise from agencies and units whose staff are being examined to assist the Board in conducting specialized examinations.

TRAINING AND SKILL DEVELOPMENT INSTITUTIONS FOR AVIATION STAFF IN VIETNAM

Chapter III

TRAINING INSTITUTIONS FOR AIRCRAFT CREW PROFESSIONAL TRAINING IN VIETNAM

Article 15. General requirements for training institutions for aviation staff

1. To have organizational structure, management staff, and a system of management documents for training and vocational instruction that are appropriate.

2. To have classrooms, equipment, facilities, and practical training bases suitable for the purpose and content of training and vocational instruction, meeting the prescribed requirements.

3. To have teaching staff appropriate to the specialized fields of training and vocational instruction, meeting the prescribed requirements.

4. To have appropriate training and vocational instruction programs that meet the prescribed requirements.

5. To have textbooks and teaching materials appropriate to the training and vocational instruction programs, meeting the prescribed requirements.

6. To fully meet all requirements stipulated by laws on civil aviation, education, training, and vocational instruction.

Article 16. Minimum requirements for classrooms, equipment, facilities, and practical training bases of training institutions for aviation staff.

1. Classrooms must have sufficient area, lighting, ventilation, audio-visual equipment, and other equipment necessary for learning activities.

2. Practical training bases and practice rooms must have appropriate area and space for the equipment and machinery used, ensuring minimum conditions in accordance with state regulations for vocational training institutions.

3. The library must have sufficient books, textbooks, and materials for research, teaching, and learning.

4. Equipment and facilities serving training and vocational instruction for certain specialized fields must meet the following requirements:

a) For training and vocational instruction of flight crew members and flight instructor training: to have training aircraft, simulated cockpits; aircraft maintenance workshops; pilot testing and physical training equipment, and other equipment as prescribed in relevant regulatory documents concerning training and vocational instruction for flight crew members and flight instructors;

b) For training and vocational instruction of cabin crew: to have mock aircraft cabins equipped with adequate security, safety, emergency, first aid, oxygen systems, and passenger service equipment approved or endorsed by the Civil Aviation Authority of Vietnam, and other equipment as prescribed in relevant regulatory documents concerning training and vocational instruction for cabin crew;

c) For training and vocational instruction of aircraft maintenance and repair personnel: to have training aircraft equipped with operational electrical, electronic, communication devices; practical tools for mechanical, electrical, electronic, information technology, and aircraft structural diagrams consistent with the training and vocational instruction program, and other equipment as prescribed in relevant regulatory documents concerning training and vocational instruction for aircraft maintenance and repair personnel;

d) For training and vocational instruction of ground staff: to have simulation systems for ground staff (excluding staff performing air traffic control, flight coordination, and signaling duties) consistent with the training and vocational instruction program, and other equipment as prescribed in relevant regulatory documents concerning training and vocational instruction for ground staff;

đ) For training and vocational instruction of air traffic controllers, navigators, and surveillance personnel: to have sufficient practical equipment consistent with the content of the training and vocational instruction program, and other equipment as prescribed in relevant regulatory documents concerning training and vocational instruction for air traffic controllers, navigators, and surveillance personnel;

e) For training and vocational instruction of aviation security personnel: to have security screening equipment or simulated models and software for teaching passenger, baggage, and cargo screening; various types of weapons, support tools, dangerous items; practical training rooms equipped with teaching equipment consistent with the training and vocational instruction program, and other equipment as prescribed in relevant regulatory documents concerning training and vocational instruction for aviation security personnel;

g) For training and vocational instruction of aviation news announcers: to have information and data systems consistent with the content of the training and vocational instruction program; to have sufficient practical equipment consistent with the content of the training and vocational instruction program, and other equipment as prescribed in relevant regulatory documents concerning training and vocational instruction for aviation news announcers;

h) For training and vocational instruction of aviation meteorologists: to have equipment and information/data systems consistent with the content of the training and vocational instruction program, and other equipment as prescribed in relevant regulatory documents concerning training and vocational instruction for aviation meteorologists;

i) For training and vocational instruction of air traffic controllers and flight operations personnel: to have materials related to the performance and technical specifications of currently operated aircraft types, software for air traffic control and flight operations; practical equipment and information/data systems consistent with the content of the training and vocational instruction program, and other materials consistent with the requirements of the International Civil Aviation Organization (ICAO);

k) For training and vocational instruction of personnel operating aviation equipment and vehicles in restricted areas of airports and airfields: to have practical equipment, training grounds, operation manuals, and other materials consistent with the content of the training and vocational instruction program, as prescribed in relevant regulatory documents concerning airport management and operation;

l) For training and vocational instruction of ground handling personnel supporting flights: to have equipment, facilities, materials, information/data systems, and software for practical guidance consistent with the content of the training and vocational instruction program, operation manuals, and other regulations as prescribed in relevant regulatory documents concerning ground handling.

m) For training and vocational instruction for civil aviation air traffic design personnel: having procedures for building, designing air traffic patterns, and operating air traffic patterns, aviation map systems, information and data systems, and equipment serving air traffic pattern design work consistent with the content of the training and vocational instruction program and other documents as prescribed in specialized legal documents on civil aviation air traffic pattern design and relevant requirements of the International Civil Aviation Organization (ICAO).

b) For training and vocational instruction for civil aviation search and rescue personnel: having organizational diagrams and models for the search and rescue system, search and rescue organization procedures; hypothetical scenarios, video recordings of search and rescue drills; equipment systems, international symbols, codes, and benchmarks related to civil aviation operations and search and rescue activities; information and data systems serving civil aviation search and rescue work consistent with the content of the training and vocational instruction program and other documents as prescribed in specialized legal documents on civil aviation search and rescue.

Article 17. Teachers at training and vocational instruction institutions for aviation personnel

1. Training and vocational instruction institutions for aviation personnel must have sufficient theoretical and practical teachers to ensure that each specialized aviation subject has at least one teacher. The institution may maintain full-time teachers, part-time teachers, and visiting lecturers specializing in aviation. The number of visiting lecturers specializing in aviation at the institution shall not exceed 50% of the number of full-time aviation teachers at the institution.

2. Qualifications for specialized aviation teachers

a) Meeting the conditions stipulated by laws on education and vocational training; for full-time and part-time teachers, they must hold teaching qualifications certificates.

b) Meeting the conditions stipulated in specialized legal documents that are not directly corresponding.

c) Holding relevant professional certificates or having five years of experience working in fields related to the taught subjects.

Article 18. Training and Vocational Instruction Programs for Aviation Personnel

1. The training and vocational instruction programs for aviation personnel include:

a) Programs for training and vocational instruction to issue professional certificates for aviation personnel according to the model prescribed in Appendix V attached to this Circular;

b) Programs for refresher, reclassification, and periodic training for aviation personnel;

c) Programs for proficiency training for aviation personnel;

d) Programs for familiarization training (for air traffic controllers);

đ) Programs for supplementary, updating, and advanced knowledge and skill training in specialized aviation fields.

2. The training and vocational instruction programs mentioned in points a and b of Clause 1 of this Article must be approved by the Vietnam Civil Aviation Authority; the person requesting approval shall submit one set of application documents directly or through postal service to the Vietnam Civil Aviation Authority, which includes the following documents:

a) An application form for approval of the training and vocational instruction program for aviation personnel according to the model prescribed in Appendix VI attached to this Circular;

b) Documentation for approval request.

3. Within thirty days from the date of receiving complete application documents for approval as prescribed, the Vietnam Civil Aviation Authority shall review, require the applicant to provide additional explanations for related contents, revise the documentation and program; issue a document approving or rejecting the approval, stating the reasons.

4. The programs specified in points d and đ of Clause 1 of this Article shall be approved by the training and vocational instruction institution.

Article 19. Textbooks and teaching materials of training institutions for aviation staff

1. Training institutions for aviation staff must have sufficient textbooks and teaching materials (referred to collectively as textbooks) that are appropriate to the training programs. Aviation-specific textbooks must be approved by the head of the institution based on the results of the evaluation board's assessment of the textbooks and training materials for aviation staff training programs (hereinafter referred to collectively as the Evaluation Board).

2. The Evaluation Board of training institutions for aviation staff shall be established by the head of the institution corresponding to each specific aviation field. The members of the Evaluation Board must include representatives from the leadership of the institution and experts with at least five years of experience in theoretical and practical aspects of the relevant training fields.

Article 20. Certificate, validity period of the certificate for training institutions meeting the conditions for aviation staff training

1. Training institutions for aviation staff must be issued a certificate of qualification for training and vocational training by the Civil Aviation Authority of Vietnam.

2. The format of the certificate of qualification for training and vocational training for aviation staff is specified in Appendix VII attached to this Circular.

3. The certificate of qualification for training and vocational training for aviation staff becomes effective from the date of issuance and terminates its validity in the following cases:

a) At the request of the institution holding the certificate;

b) The certificate is revoked according to the provisions of Article 24 of this Circular.

Article 21. Procedures for issuing certificates of qualification for training and vocational training for aviation staff

1. Training institutions for aviation staff submit one set of application documents directly or through postal service to the Civil Aviation Authority of Vietnam. The documents include the following:

a) An application form for a certificate of qualification for training and vocational training for aviation staff as prescribed in Appendix VIII attached to this Circular;

b) A copy of the decision establishing the institution or business registration certificate or other equivalent documents issued by the competent authority in accordance with the law;

c) The training program for aviation staff which has been approved or recognized by the Civil Aviation Authority of Vietnam;

d) A list of full-time and part-time instructors along with copies of their diplomas, certificates, and summaries of their work history;

đ) A plan for visiting instructors including copies of agreements between the institution and the instructors or their managing units;

e) A report on physical facilities: classrooms, equipment, premises or places suitable for practical training related to the training content;

g) A report on textbooks and teaching materials for theoretical and practical courses related to each subject;

h) A report on organizational structure, management staff, and training management system for aviation staff; sample of professional certificates as prescribed in Appendix IX attached to this Circular.

2. Within forty-five days from the date of receipt of complete application documents, the Civil Aviation Authority of Vietnam will review the documents, inspect and evaluate the institution; request the applicant to provide additional explanations and corrections to the documents; issue a certificate of qualification for training and vocational training for aviation staff to the applicant or send a refusal letter specifying the reasons.

3. On-site inspection and evaluation of training institutions for aviation staff shall be conducted according to the contents specified in the Inspection and Evaluation Form for Training Institutions for Aviation Staff as prescribed in Appendix X attached to this Circular.

4. The results of document review and on-site inspection and evaluation of training institutions for aviation staff must be recorded in minutes.

5. In cases where the procedures for issuing certificates of qualification for training and vocational training for aviation staff are stipulated in other aviation-related regulatory documents, those regulations shall apply.

Article 22. Reissuing, Amending, and Supplementing the Content of the Certificate of Eligibility for Training and Professional Aviation Staff Instruction

1. The certificate shall be reissued if it is lost, torn, or damaged. The certificate shall be amended or supplemented if its content needs to be amended or supplemented.

2. The application dossier for reissuing, amending, or supplementing includes:

a) An application form for reissuing, amending, or supplementing the content of the certificate of eligibility for training and professional aviation staff instruction according to the model prescribed in Appendix XI attached hereto, clearly stating the reasons for the request;

b) The original certificate that has been issued, except in cases where it is lost;

c) The content proposed for amending or supplementing the certificate for cases requiring amendment or supplementation of the certificate.

3. In cases of reissuing the certificate due to loss, tearing, or damage of the certificate: within seven days from the date of receiving a complete dossier in accordance with regulations, the Civil Aviation Administration of Vietnam shall reissue the certificate or notify in writing of the refusal to issue the certificate, stating the reasons.

4. In cases of amending or supplementing the content of the certificate: within thirty days from the date of receiving a complete dossier in accordance with regulations, the Civil Aviation Administration of Vietnam shall review the dossier, inspect and evaluate the actual conditions of the facility; require the applicant to provide additional explanations on related contents, correct documents; amend or supplement the certificate or notify in writing of the refusal to amend or supplement the certificate, stating the reasons.

Article 23. Recognition of Foreign Training and Professional Aviation Staff Instruction Facilities

1. The Civil Aviation Administration of Vietnam shall decide to recognize foreign training and professional aviation staff instruction facilities when they meet the conditions stipulated in Articles 15, 16, 17, 18, and 19 of this Circular and other specialized aviation regulatory documents.

2. The procedure for recognizing foreign training and professional aviation staff instruction facilities shall be carried out like the procedure for issuing certificates of eligibility for training and professional aviation staff instruction as stipulated in Article 21 of this Circular, unless otherwise provided in other specialized regulatory documents.

Article 24. Revocation of Certificates of Eligibility for Training and Professional Aviation Staff Instruction

1. The Certificate shall be revoked in the following cases:

a) At the request of the institution holding the certificate;

b) The facility that has been granted the certificate is dissolved;

c) The facility provides false information in the application dossier;

d) The facility operates not in accordance with the purpose specified in the certificate;

đ) The facility violates regulations on aviation security and safety;

e) The facility fails to maintain the conditions set forth in the certificate;

g) The certificate is altered or tampered with.

2. Authority to revoke certificates

The authority issuing the certificate has the authority to revoke the certificate.

Chapter IV

AVIATION STAFF ENGLISH PROFICIENCY ASSESSMENT FACILITY

Article 25. Requirements for English Proficiency of Aviation Staff

1. Aviation staff using communication equipment and radio communications when performing duties must achieve at least level 4 on the International Civil Aviation Organization (ICAO) English language proficiency scale, including:

a) Flight crew members;

b) Non-pilot aviation staff performing duties in positions such as non-pilot instructors; ground control at airports; airport control; radar-free approach control; radar approach control; radar-free long-range control; radar long-range control; non-pilot crew;

c) Aviation staff handling shortwave radio communications (HF A/G) for operational purposes.

2. Other aviation staff shall comply with other specialized regulatory documents.

3. The Civil Aviation Administration of Vietnam shall issue a certificate of eligibility for assessing English proficiency of aviation staff to assessment facilities that meet the conditions stipulated in Article 26 of this Circular.

4. The results of assessing English proficiency of aviation staff shall be recorded on the English proficiency assessment form for aviation staff according to the model prescribed in Appendix XII attached hereto and must be approved by the English proficiency assessment board of the facility. The result recorded on the form is the certification of English proficiency of aviation staff.

5. The English proficiency assessment board shall be established by the head of the facility. The composition of the English proficiency assessment board must include representatives of the facility's leadership, experts in the corresponding specialized aviation field, and at least two assessors meeting the criteria stipulated in Clause 2 of Article 26 of this Circular.

Article 26. Requirements for institutions meeting the conditions to assess English proficiency of aviation staff

1. Have an English proficiency assessment program according to the ICAO scale, including:

a) Testing methods (direct or indirect testing) suitable for the expertise of the person being tested;

b) A question bank that meets the requirements and is sufficient to evaluate different levels according to ICAO regulations;

c) Grading papers based on ICAO evaluation criteria, with at least two teachers grading each paper, the result of each criterion calculated using the average method and recorded on the English proficiency test and evaluation form, signed by two teachers; interview tests must be recorded for storage in the file;

d) Procedures for transferring test papers, determining the validity of test papers, sealing test papers;

đ) Examination rules: examination organization procedures, examination process; examination time; examination room rules; equipment and materials in the examination room; duties and authorities of examination participants, examiners, examination supervisors; handling cases of violation;

e) Announcing test results, re-examination, and handling complaints;

g) Record-keeping system for examination files and reports;

h) Other related contents.

2. Have evaluators meeting one of the following requirements:

a) Be a specialist in the corresponding aviation field, with at least five years of experience, holding a bachelor's degree in English or equivalent, and having an aviation English assessor certificate from a training institution recognized by the Civil Aviation Administration of Vietnam;

b) Be an English teacher with at least five consecutive years of teaching at universities or colleges, holding an ICAO Level 6 aviation English teacher certificate or an aviation English assessor certificate from a training institution recognized by the Civil Aviation Administration of Vietnam.

3. The testing and evaluation equipment system must meet the minimum requirements as follows:

a) Audio-visual equipment ensuring good quality;

b) Computer systems installed with testing software programs (for indirect computer-based testing methods);

c) Recording devices with appropriate capacity for the test;

d) Other equipment as prescribed in other relevant regulatory documents concerning the testing and evaluation of aviation staff English proficiency.

4. Proficiency level ranking point: is the lowest average score among all criteria scores recorded on the test and evaluation form. The English proficiency assessment result of the institution (recorded on the Test and Evaluation Form) shall be sent one copy to the Civil Aviation Administration of Vietnam to be entered into the aviation staff license.

Article 27. Certificate, validity period of the certificate for institutions meeting the conditions to assess English proficiency of aviation staff

1. The Civil Aviation Administration of Vietnam issues a certificate for institutions meeting the conditions to assess English proficiency of aviation staff in Vietnam.

2. The format of the certificate for institutions meeting the conditions to assess English proficiency of aviation staff is specified in Appendix XII issued together with this Circular.

3. The certificate for institutions meeting the conditions to assess English proficiency of aviation staff becomes effective from the date of issuance and ceases to be valid in the following cases:

a) At the request of the institution holding the certificate;

b) The certificate is revoked according to Article 31 of this Circular.

Article 28. Procedures for Issuing Certificates of Eligibility to Assess English Proficiency Levels of Airline Personnel

1. The applicant for a Certificate of Eligibility to Assess English Proficiency Levels of Airline Personnel shall not submit one set of application documents directly or via postal service to the Civil Aviation Authority of Vietnam. The application package includes the following documents:

a) A request form for issuing a Certificate of Eligibility to Assess English Proficiency Levels of Airline Personnel as prescribed in Appendix VIII attached to this Circular;

b) A copy of the business registration certificate or equivalent documents issued by the competent authority in accordance with the law (in case the assessment entity is a legal person). In case the English proficiency assessment entity for airline personnel is a subordinate organization of a legal person, in addition to the copy of the business registration certificate or equivalent documents of the legal person, it must also include a copy of the Decision establishing the English proficiency assessment entity for airline personnel issued by the legal person;

c) An English proficiency assessment program as stipulated in Clause 1, Article 26 of this Circular;

d) A list of assessors meeting the required criteria as stipulated in Clause 2, Article 26 of this Circular, accompanied by copies of relevant diplomas and certificates;

đ) A report on the material facilities of the assessment entity: examination rooms, appropriate testing equipment;

e) A report on the organizational system, staffing, and management documents of the English proficiency assessment entity for airline personnel.

2. Within thirty days from the date of receipt of complete application documents as prescribed, the Civil Aviation Authority of Vietnam will review the application, inspect and evaluate the actual conditions of the entity; require the entity to complete the necessary documentation; issue and recognize the Certificate of Eligibility to Assess English Proficiency Levels for the requesting entity or refuse issuance in writing, stating the reasons.

Article 29. Reissuing, Amending, and Supplementing Certificates of Eligibility to Assess English Proficiency Levels of Airline Personnel

1. The certificate will be reissued if the certificate is lost, torn, or damaged. The certificate will be amended or supplemented if its contents need to be modified or supplemented.

2. The application dossier for reissuing, amending, or supplementing includes:

a) A request for reissuance, amendment, or supplementation as prescribed in Appendix XI attached to this Circular, clearly stating the reasons for the request;

b) The original certificate that has been issued, except in cases where it is lost;

c) A report on the activities of the entity and maintaining eligibility during the validity period of the certificate for requests to reissue expired certificates, amend, or supplement certificates;

d) The content of the request for amending or supplementing the certificate's content for requests to amend or supplement the certificate.

3. For reissuance of the certificate, within seven days from the date of receipt of complete application documents as prescribed, the Civil Aviation Authority of Vietnam will reissue the certificate or notify in writing of refusal to reissue, stating the reasons.

4. For amendment or supplementation of the certificate, within thirty days from the date of receipt of complete application documents as prescribed, the Civil Aviation Authority of Vietnam will review the application, inspect and evaluate the actual conditions of the entity; require the applicant to provide additional explanations and complete the necessary documentation; amend or supplement the certificate or notify in writing of refusal, stating the reasons.

Article 30. Recognition of Institutions Meeting Conditions to Assess English Proficiency of Aviation Personnel

1. The Civil Aviation Authority of Vietnam shall decide to recognize institutions meeting conditions to assess English proficiency of aviation personnel when they satisfy the conditions stipulated in Article 26 of this Circular and other aviation-related regulatory legal documents.

2. The recognition procedure for institutions meeting conditions to assess English proficiency of aviation personnel shall be carried out according to the procedure for issuing certificates recognizing institutions meeting conditions to assess English proficiency of aviation personnel as prescribed in Article 28 of this Circular and other aviation-related regulatory legal documents.

Article 31. Revocation of Certificates Recognizing Institutions Meeting Conditions to Assess English Proficiency of Aviation Personnel

1. The Certificate shall be revoked in the following cases:

a) At the request of the institution holding the certificate;

b) The facility that has been granted the certificate is dissolved;

c) The facility provides false information in the application dossier;

d) The facility operates not in accordance with the purpose specified in the certificate;

đ) The facility violates regulations on aviation security and safety;

e) The facility fails to maintain the conditions set forth in the certificate;

g) The certificate is altered or tampered with.

2. Authority to revoke certificates

The authority issuing the certificate has the authority to revoke the certificate.

Chapter V

IMPLEMENTING PROVISIONS

Article 32. Inspection and Supervision of Aviation Personnel, Training Institutions, and Institutions Assessing English Proficiency of Aviation Personnel

1. The Civil Aviation Authority of Vietnam is responsible for inspecting and supervising the activities of aviation personnel to ensure compliance with aviation personnel standards; inspecting and supervising the maintenance of training institutions' and institutions assessing English proficiency of aviation personnel's conditions that have been certified.

2. The annual inspection plan shall be approved by the Director of the Civil Aviation Authority of Vietnam and notified to the institution at least 15 working days in advance.

3. The Civil Aviation Authority of Vietnam may conduct surprise inspections if it discovers signs of violations of this Circular by certified institutions.

Article 33. Effective Date

This Circular takes effect 45 days from the date of signature and replaces Decision No. 19/2007/QĐ-BGTVT dated April 4, 2007, of the Minister of Transport on aviation personnel and training institutions, and Circular No. 11/2011/TT-BGTVT dated March 28, 2011, of the Minister of Transport amending and supplementing certain provisions of Decision No. 19/2007/QĐ-BGTVT dated April 4, 2007, of the Minister of Transport on aviation personnel and training institutions.

Article 34. Responsibility for Implementation

The Heads of the Ministry’s Office, the Inspectorate, the Departments, the Civil Aviation Authority of Vietnam, the Heads of related agencies, organizations, and individuals are responsible for implementing this Circular./.