Circular No. 62/2011/TT-BGTVT on granting flight permits for civil aviation flights in Vietnam

CIRCULAR

Regulations on granting permits for civil aviation flights in Vietnam.

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

Pursuant to Decree No. 51/2008/NĐ-CP dated April 28, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 94/2007/NĐ-CP dated June 4, 2007 of the Government on Air Traffic Management;

The Minister of Transport shall stipulate the regulations on granting permits for civil aviation flights in Vietnam as follows:

Article 1. Scope of Regulation

This Circular stipulates on:

1. The authority responsible for issuing, amending, and revoking flight permits for civil aviation flights in Vietnam.

2. Responsibilities of the flight permit issuing authority; procedures for granting flight permits for civil aviation flights in Vietnam include regular and irregular flights to and from Vietnamese territory; regular and irregular flights over Vietnamese airspace.

3. Procedures for receiving flight notifications for flights passing through or operating within the international air traffic control area managed by Vietnam.

4. Establishment and implementation of flight operation plans.

Article 2. Applicability

This Circular applies to all organizations and individuals related to the issuance of flight permits for civil aviation flights in Vietnam.

Article 3. Explanation of Terms

1. Flight Permit: is a document or instruction issued by a competent state agency, determining the conditions and limits permitted for aircraft operations.

2. Flight: is the exploitation of an aircraft from takeoff until the next landing through or within Vietnamese airspace, including the international air traffic control area managed by Vietnam.

3. Regular Flight: is a commercial transport flight conducted regularly according to a published schedule and made available to the public for use.

4. Irregular Flight: is a flight that is not a regular flight.

5. Arrival Flight: is a flight with a point of departure or arrival or both within Vietnamese territory.

6. Transit Flight: is a flight passing through Vietnamese airspace without a point of departure or arrival within Vietnamese territory.

7. International Flight: is a flight passing through, arriving at, or departing from the territory of two or more countries.

8. Domestic Flight: is a flight with points of departure and arrival within Vietnamese territory.

9. Commercial Transport Flight: is a flight transporting passengers, baggage, cargo, mail, parcels, letters for profit-making purposes.

10. Business Aviation Flight: is a flight conducting business aviation activities for profit-making purposes.

11. Aircraft Relocation Flight: is a flight conducted to return an aircraft to a maintenance base (including cases where an aircraft has a temporary airworthiness certificate that has become invalid) or to turn around an aircraft or move an aircraft to another airport without profit-making purposes.

12. Official Aircraft Flight: is a flight of military aircraft, customs, police specialized aircraft, and civil aircraft used entirely for state official purposes.

13. Emergency Case: is a situation when an aircraft in flight experiences technical malfunctions, passengers require emergency medical care, encounters adverse weather conditions, or the safety and security of the flight are threatened to such an extent that part of the flight plan must be changed to ensure flight safety.

14. Applicant for Flight Permit: is the aircraft operator, carrier, or person authorized by the aircraft operator or carrier to request a flight permit.

15. AFTN: (Aeronautical Fixed Telecommunication Network) is a fixed communication network specifically used in civil aviation operations.

16. IATA: (International Air Transport Association) is the International Air Transport Association.

17. ICAO:(International Civil Aviation Organization) is the International Civil Aviation Organization.

Article 4. Authorities Issuing, Amending, and Revoking Permits for Civil Aviation Flights in Vietnam

1. The Civil Aviation Authority of Vietnam shall issue, amend, and revoke permits for civil aviation flights in Vietnam according to Clause 3, Article 15 of Decree No. 94/2007/NĐ-CP dated June 4, 2007, of the Government on the management of aviation activities.

a) Address for submitting applications to issue or amend flight permits for flights arriving at:

Air Transport Department, Civil Aviation Authority of Vietnam.

119 Nguyen Son Street, Long Bien District, Hanoi City.

Telephone: 84-4-38272281; Fax: 84-4-38272290; AFTN: VVVVYVYX.

Email: [email protected].

Working hours: Monday to Friday.

Morning: from 07:30 to 11:30; Afternoon: from 13:00 to 16:30.

b) Address for submitting applications to issue or amend flight permits for transit flights:

Air Operations Management Department, Civil Aviation Authority of Vietnam.

119 Nguyen Son Street, Long Bien District, Hanoi City.

Telephone: 84-4-38723600; Fax: 84-4-38274194; AFTN: VVVVYAAN.

Email: [email protected].

Working hours: Monday to Friday.

Morning: from 07:30 to 11:30; Afternoon: from 13:00 to 16:30.

2. The Vietnam Air Traffic Management Corporation shall issue, amend, and revoke permits for:

a) Flights specified in Clause 5, Article 15 of Decree No. 94/2007/NĐ-CP dated June 4, 2007, of the Government on the management of aviation activities;

b) Address for submitting applications to issue or amend flight permits for cases mentioned in this clause as follows:

Air Traffic Control Coordination Center, Vietnam Air Traffic Management Corporation.

5/200 Nguyen Son Street, Long Bien District, Hanoi City.

Telephone: 84-4-38271840; Fax: 84-4-38259222;

AFTN: VVVVZGZX; Email: [email protected].

Working hours: 24/24 hours, all days of the week.

Article 5. Responsibilities of the Permit Issuing Authority

1. The issuance of permits must comply with the provisions of Article 82 of the Civil Aviation Law of 2006, Decree No. 94/2007/NĐ-CP dated June 4, 2007, of the Government on the management of aviation activities, international treaties to which Vietnam is a party, and the requirements stipulated in this Circular.

The applicant bears full responsibility for the truthfulness of the information and documents provided. In special cases due to security or defense reasons, the permit issuing authority may refuse to issue a permit without providing specific reasons.

2. For regular flights arriving, the permit issuing authority shall be responsible for checking the following factors:

a) The flight is operated in accordance with the air transport rights granted by the Civil Aviation Authority of Vietnam for commercial flights;

b) The aircraft intended to be operated has a valid Aircraft Airworthiness Certificate;

c) The operator of the aircraft has an Aircraft Operator's Certificate issued by the Civil Aviation Authority of Vietnam (for Vietnamese operators) or approved operating specifications (for foreign operators);

d) The airline has an approved Airline Security Program by the Civil Aviation Authority of Vietnam;

đ) The type of aircraft, air route, frequency, and scheduled operation time are appropriate to the safe, regulated, and efficient operation conditions of airports, air routes, and common-use airspace areas;

e) Compliance with the procedures set forth in Article 7 of this Circular for general aviation flights and commercial flights within Vietnamese airspace but outside designated air routes and common-use airspace areas.

3. For non-regular flights arriving, the permit issuing authority shall be responsible for checking the following contents:

a) The provisions at points b, đ, and e of paragraph 2 of this Article;

b) The provisions at points c and d of paragraph 2 of this Article for commercial flights and general aviation business flights;

c) The operation of commercial flights does not adversely affect the commercial operations of regular flights.

4. For transit flights, the permit issuing authority shall be responsible for checking the following contents:

a) The frequency, time of operation, and planned air route are appropriate to the capacity of air traffic service provision for safe, regulated, and efficient operations;

b) The operator of the aircraft for commercial flights and general aviation business flights has an Aircraft Operator's Certificate issued by the aviation authority of the operator's home country.

5. For flights transferring airports in cases where the aircraft has a temporary Aircraft Airworthiness Certificate that has become invalid, the permit issuing authority shall be responsible for coordinating the verification of the confirmation document issued by the aviation authority granting the Aircraft Airworthiness Certificate regarding the ability to safely conduct the flight (Special Flight Permit or Ferry Flight Permit).

Article 6. Procedures for Issuing Airworthiness Permits

1. The applicant for airworthiness permits for civil aviation flights in Vietnam shall submit one set of application documents directly or via postal mail, email, fax, or AFTN to the issuing authority as stipulated in Article 4 of this Circular and shall be responsible for the information contained in the application. The application includes:

a) An application form in accordance with the model prescribed in Appendix 1 attached to this Circular;

b) Flight plan for common air transport flights;

c) A copy of the confirmation document issued by the competent aviation authority certifying the aircraft's temporary airworthiness certificate regarding its ability to safely conduct the flight (Special Flight Permit or Ferry Flight Permit) in cases where the temporary airworthiness certificate has become invalid.

2. The time limit for submitting applications, issuing, amending, or revoking airworthiness permits for civil aviation flights in Vietnam shall be governed by Articles 17, 18, 19, and 20 of Decree No. 94/2007/NĐ-CP dated June 4, 2007, of the Government on the management of aviation activities.

Article 7. Procedures for Approving Exploitation Plans for Common Air Transport Flights and Commercial Flights within Vietnamese Airspace but Outside Designated Air Routes, Common Air Transport Areas, and Airport Airspaces

1. Responsibilities of the Applicant for Airworthiness Permits:

Prior to applying for airworthiness permits under Article 6 of this Circular for common air transport flights and commercial flights within Vietnamese airspace but outside designated air routes, common air transport areas, and airport airspaces, the applicant must submit two sets of exploitation plan approval application documents directly or via postal mail to the Civil Aviation Authority of Vietnam and shall be responsible for the information contained in the application.

2. The exploitation plan approval application includes:

a) An application form for approving the exploitation plan as prescribed in Appendix 2 attached to this Circular;

b) Copies of documents proving the legal status of the carrier and aircraft operator;

c) Report on the area of operation, airport, or off-airport landing site;

d) Flight plan;

đ) Flight mode;

e) Report on air traffic service provision agreements;

g) Report on flight frequency;

h) Safety and security assurance plan for the flight.

3. Responsibilities of the Civil Aviation Authority of Vietnam:

a) The Civil Aviation Authority of Vietnam is responsible for receiving, examining, and evaluating the contents of the exploitation plan approval application. In cases where the application is incomplete according to regulations, within three working days from the date of receipt, the Civil Aviation Authority of Vietnam will issue a document requesting the applicant to complete the application, with the approval period starting from when the application is completed as requested.

b) Within three working days from the date of receiving a complete application according to regulations, the Civil Aviation Authority of Vietnam is responsible for reviewing and sending a direct document, via postal mail, or fax to seek the agreement of the Ministry of Defense's Operations Bureau on the exploitation plan. The Operations Bureau of the Ministry of Defense is responsible for responding with agreement or disagreement and providing reasons within ten working days from the date of receipt of the request document.

c) Within twenty working days from the date of receiving the agreement of the Ministry of Defense's Operations Bureau, the Civil Aviation Authority of Vietnam will organize the review and approval of the exploitation plan. If not approved, the Civil Aviation Authority of Vietnam will notify the applicant in writing and provide reasons.

4. Time Limit for Issuing Airworthiness Permits for Specific Flights According to Approved Exploitation Plans:

The maximum time limit for issuing airworthiness permits for specific flights according to approved exploitation plans under this Article is five working hours from the date of receipt of the airworthiness permit application.

Article 8. Permission for airfield transfer flights for aircraft with temporarily valid flight qualification certificates that have become invalid

1. For flights of aircraft with flight qualification certificates issued by Vietnam, the aircraft operator must follow the procedures to apply for permission for airfield transfer flights as prescribed in 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 Ministry of Transport.

2. For flights of aircraft with flight qualification certificates issued by foreign countries, the aircraft operator must have permission for airfield transfer flights (or special flight permits) issued by the aviation authority of the country issuing the flight qualification certificate, including the following contents:

a) Information about the aircraft, aircraft engines, and crew;

b) Purpose of the flight; proposed route;

c) Non-compliance with flight qualification requirements;

d) Manufacturer's recommendations and operational limitations deemed necessary by the aircraft operator to ensure safe operation;

đ) Additional operational conditions and limitations imposed by the aviation authority of the country issuing the airfield transfer flight permit;

e) Validity period of the airfield transfer flight permit.

Article 9. Address for Implementation of Flight Permits

1. The applicant for the flight permit: As stated in the application for the flight permit.

2. National Air Traffic Control Center:

Air Defense - Air Force Command.

176 Duong Truong Chinh - Thanh Xuan District - Hanoi City.

Telephone: 84-4-35635385/84-69562254; Fax: 84-4-38533652.

AFTN: VVVVYXYX.

Working hours: 24/24 hours, all days of the week.

3. Air Traffic Control Coordination Center, Vietnam Air Traffic Management Corporation.

Contact address as specified in Clause 2, Article 4 of this Circular.

Working hours: 24/24 hours, all days of the week.

4. Northern Civil Aviation Port Authority:

Noi Bai International Airport, Soc Son District, Hanoi City.

Telephone: 84-4-38840114/35844176; Fax: 84-4-38865832.

AFTN: VVNBYDYX; Email: [email protected]

Working hours: 24/24 hours, all days of the week.

5. Central Civil Aviation Port Authority:

Da Nang International Airport, Hai Chau District, Da Nang City.

Telephone: 84-511-3656049; Fax: 84-511-3646688;

AFTN: VVDNYDYX; Email: [email protected]

Working hours: 24/24 hours, all days of the week.

6. Southern Civil Aviation Port Authority:

Tan Son Nhat International Airport, Tan Binh District, Ho Chi Minh City.

Telephone: 84-8-35470418; Fax: 84-8-35470409;

AFTN: VVTSYDYX; Email: [email protected]

Working hours: 24/24 hours, all days of the week.

7. Northern Airports Corporation:

Noi Bai International Airport, Soc Son District, Hanoi City.

Telephone: 84-4-38865540; Fax: 84-4-38865047;

AFTN: VVNBZPZX; Email: [email protected]

Working hours: 24/24 hours, all days of the week.

8. Central Airports Corporation:

Da Nang International Airport, Hai Chau District, Da Nang City.

Telephone: 84-511-3614572; Fax: 84-511-3823393;

AFTN: VVDNZPZX; Email: [email protected]

Working hours: 24/24 hours, all days of the week.

9. Southern Airports Corporation:

Tan Son Nhat International Airport, Tan Binh District, Ho Chi Minh City.

Telephone: 84-8-38485383; Fax: 84-8-38445127;

AFTN: VVTSZPZX; Email: [email protected]

Working hours: 24/24 hours, all days of the week.

Article 10. Procedures for Notifying Flights and Approving Provision of Air Navigation Services for Flights Over and Within the International Maritime Notification Area Managed by Vietnam

1. Procedures for notifying flights and approving provision of air navigation services for flights over and within the international maritime notification area managed by Vietnam shall be carried out in accordance with Article 22 of Decree No. 94/2007/NĐ-CP dated June 4, 2007 of the Government on management of flight activities.

2. Flight notifications may be sent directly or through postal service, email, fax, or AFTN to the air traffic service provider at the following addresses:

a) Hanoi Air Traffic Control Center, North Air Traffic Management Company:

Noi Bai International Airport, Soc Son District, Hanoi City.

Telephone: 84-4-38865352; Fax: 84-4-38866185;

AFTN: VVNBZRZX; Email: [email protected]

b) Ho Chi Minh City Long Range Air Traffic Control Center, South Air Traffic Management Company:

22 Tran Quoc Hoan Street, Ward 4, Tan Binh District, Ho Chi Minh City.

Telephone: 84-8-38441132/38441153; Fax: 84-8-38443774.

AFTN: VVTSZRZX; Email: [email protected].

c) Air Traffic Control Coordination Center, Vietnam Air Traffic Management Corporation:

5/200 Nguyen Son Street, Long Bien District, Hanoi City.

AFTN: VVVVZGZX; SITA: HANZGVN, HANZAVN.

Article 11. Establishment and Implementation of Flight Operation Plans

1. Based on information about flight permits issued by relevant agencies, Vietnam Airports Corporation shall establish civil flight operation plans on a seasonal, daily basis, and send them to the National Air Traffic Control Center, regional Civil Aviation Port Authorities, Civil Aviation Airport Corporations, and related air navigation service providers. The daily civil flight operation plan must be sent no later than 15:00 hours (Vietnam time) the day before.

2. Upon receiving military flight operation plans related to civil flight operations, the National Air Traffic Control Center and Vietnam Airports Corporation shall compile and send these plans to regional Civil Aviation Port Authorities, Civil Aviation Airport Corporations, and related air navigation service providers.

3. On the basis of flight permits, received civil flight operation plans, and military flight operation plans, Civil Aviation Airport Corporations shall establish daily flight operation plans for flights departing from or arriving at airports under their management, notify the relevant regional Civil Aviation Port Authority, and implement these plans to subordinate units and air service providers at airports. Daily flight operation plans shall be prepared in a form using local time, with three-letter airport codes according to IATA regulations.

4. Regional Civil Aviation Port Authorities shall implement the daily flight operation plans stipulated in Clause 2 of this Article to subordinate Civil Aviation Port Authorities and state management agencies at airports; supervise the implementation of Civil Aviation Airport Corporations' flight operation plans.

Article 12. Effectiveness and Responsibility for Enforcement

1. This Circular shall take effect 45 days from the date of signature and revoke Clause 9, Clause 10, and Clause 11 of Article 1 of Circular No. 16/2011/TT-BGTVT dated March 31, 2011, which amends and supplements certain provisions of Circular No. 26/2009/TT-BGTVT dated October 28, 2009, issued by the Ministry of Transport regarding air cargo transportation and general aviation activities.

2. Two Appendices are promulgated along with this Circular:

a) Appendix 1: Application Form for Granting Flight Permits for Flights Conducting Civil Aviation Activities in Vietnam;

b) Appendix 2: Application Form for Approving Exploitation Schemes for General Aviation Flights and Commercial Flights within Vietnamese airspace but outside designated air routes, general aviation areas, and airport airspace.

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