Decree No. 64/2022/ND-CP Amending and supplementing certain articles of decrees related to business operations in the civil aviation sector

DECREE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF DECREE REGULATING ACTIVITIES IN THE CIVIL AVIATION SECTOR

Pursuant to the Law on Organization The Government Decree No. 68/2015/ND-CP dated August 18, 2015 on registration of nationality and rights to aircraft; Law amending and supplementing certain provisions of the Law on Organization of the Government issued on June 19, 2015; and the Law on Organization of Local Administration issued on November 22, 2019; Law on Local Administration Organization dated November 22, 2019;

On the basis of the Civil Aviation Law dated June 29, 2006; the Law Amending and Supplementing Some Articles of the Civil Aviation Law dated November 21, 2014;

At the proposal of the Minister of Transport;

The Government issues this Decree to amend and supplement certain provisions of Decrees regulating activities in the civil aviation sector.air transport business activities.

Article 1. Amending, supplementing, and abolishing certain provisions of Government Decree No. 68/2015/ND-CP dated August 18, 2015 on registration of nationality and rights to aircraft (hereinafter referred to as Decree No. 68/2015/ND-CP).

1. Amending and supplementing Point a Clause 1, Point c Clause 2, and Clause 3 Article 4 as follows:

a) Amending and supplementing Point a Clause 1 Article 4 as follows:

"a) Aircraft owned by organizations or individuals of Vietnam and operated by organizations or individuals of Vietnam (in case of aircraft operated by individuals, such individuals must be permanent residents in Vietnam); aircraft leased or leased without crew for a term of 24 months or more for operation in Vietnam shall be registered with Vietnamese nationality according to the provisions of this Decree."

b) Amending and supplementing Point c Clause 2 Article 4 as follows:

"c) For second-hand aircraft, when registering nationality for the first time, they must meet the age requirements applicable to second-hand aircraft at the time of importation into Vietnam according to the provisions of the law."

c) Amending and supplementing Clause 3 Article 4 as follows:

"3. Conditions for temporary registration of nationality for aircraft

An aircraft may be temporarily registered with Vietnamese nationality if it is in the manufacturing, assembly, or testing phase in Vietnam and meets the conditions stipulated in Points b and d Clause 2 of this Article."

2. Amending and supplementing Point b Clause 2 Article 5, Point b Clause 2 Article 6, Point b Clause 3 Article 7, Point b Clause 2 Article 15, Point b Clause 2 Article 16, Point b Clause 2 Article 17, and Point b Clause 3 Article 19 as follows:

"b) A copy from the original book or a certified copy or a photocopy from the original or a copy presented with the original for verification or an electronic copy from the original or an electronically certified copy from the original of the documents proving the legal status of the applicant in cases where the applicant is an organization or individual of Vietnam.

In cases where the documents proving the legal status of the applicant are issued by a foreign authority, these documents must be legalized according to the law, except in cases exempted from legalization under international treaties to which the Socialist Republic of Vietnam is a party or under the principle of reciprocity."

3. Amending and supplementing Point b Clause 3 Article 9, Point b Clause 2 Article 20, Point b Clause 2 Article 21 as follows:

"b) A copy from the original book or a certified copy or a photocopy from the original or a copy presented with the original for verification or an electronic copy from the original or an electronically certified copy from the original of the documents proving the legal status of the applicant requesting cancellation in cases where the applicant is an organization or individual of Vietnam;

In cases where the documents proving the legal status of the applicant requesting cancellation are issued by a foreign authority, these documents must be legalized according to the law, except in cases exempted from legalization under international treaties to which the Socialist Republic of Vietnam is a party or under the principle of reciprocity."

4. Supplementing Point đ Clause 1 Article 8 as follows:

"đ) Aircraft that are severely damaged and cannot be repaired or restored."

5. Amending and supplementing Clause 1 Article 9 as follows:

"1. In cases of cancellation of registration as provided for in Points a, b, and đ Clause 1 and Points a, b Clause 2 Article 8 of this Decree, the Civil Aviation Authority decides to cancel the registration of nationality of the aircraft and issue Certificate of Cancellation of Nationality Registration of Aircraft according to Model No. 06 attached hereto; recover the Certificate of Aircraft with Vietnamese Nationality or Temporary Certificate of Aircraft with Vietnamese Nationality, except in cases where the certificate is lost or destroyed along with the aircraft."

6. Amending and supplementing Clause 3 Article 10 as follows:

"3. In cases where the owner of the aircraft or the lessor of the aircraft requests the export of the aircraft, they must have the written consent of the applicant for registration of the aircraft, except in cases provided for in Clause 4 of this Article."

7. Amending and supplementing Clause 2 Article 12 as follows:

"2. Aircraft with Vietnamese nationality shall not bear markings or designs that are similar or could cause confusion with aircraft of another country's nationality."

8. Amending and supplementing Point a Clause 2, Clause 4, and Clause 5 Article 13 as follows:

a) Amending and supplementing Point a Clause 2 Article 13 as follows:

"a) The image of the Vietnamese National Flag shall be one-third the length of the width, proportionate and suitable for each type of aircraft; painted or affixed on both sides of the vertical stabilizer or both sides of the front part of the fuselage of the aircraft."

b) Amending and supplementing Clause 4 Article 13 as follows:

"4. For heavier-than-air aircraft without landing gear as specified in Clause 3 of this Article and other non-heavier-than-air aircraft, the painting or affixing of marks shall be decided by the applicant for registration of the aircraft and must comply with the provisions of Clauses 1 and 2 of this Article."

c) Amending and supplementing Clause 5 Article 13 as follows:

"5. In cases where the aircraft is leased with a crew, the aircraft must be painted or marked with nationality and registration marks according to the provisions of this Decree within six months from the date of importation into Vietnam."

9. Amending and supplementing Clause 1 Article 16 as follows:

"1. Individuals leasing or renting aircraft for a period of six months or longer who request registration of ownership of the aircraft shall submit one set of documents directly, through the postal service, or via an electronic environment or by other means to the Civil Aviation Authority and shall be responsible for the accuracy and truthfulness of the information recorded in the documents."

10. Amending and supplementing Clause 3 Article 20 as follows:

"3. Within three working days from the date of receiving all required documents as prescribed, the Civil Aviation Authority of Vietnam shall issue the Certificate of Aircraft Ownership Registration Cancellation according to Model No. 10 attached as Appendix to this Decree; recover the previously issued Aircraft Ownership Certificate, except in cases where the Aircraft Ownership Certificate is lost.

In case of non-issuance, the Civil Aviation Authority of Vietnam must respond in writing to the applicant and clearly state the reasons. If the application is incomplete, within one working day from the date of receipt of the application, the Civil Aviation Authority of Vietnam shall provide written guidance for the applicant to complete the application in accordance with the regulations.

11. Amend and supplement Clause 3 of Article 21 as follows:

"3. Within three working days from the date of receiving all required documents as prescribed, the Civil Aviation Authority of Vietnam shall issue the Certificate of Aircraft Possession Registration Cancellation according to Model No. 10 attached as Appendix to this Decree; recover the previously issued Aircraft Possession Certificate, except in cases where the Aircraft Possession Certificate is lost. In case of non-issuance, the Civil Aviation Authority of Vietnam must respond in writing to the applicant and clearly state the reasons.

If the application is incomplete, within one working day from the date of receipt of the application, the Civil Aviation Authority of Vietnam shall provide written guidance for the applicant to complete the application in accordance with the regulations.

12. Amend and supplement Point b Clause 2 of Article 22 and Clause 5 of Article 22 as follows:

a) Amend and supplement Point b Clause 2 of Article 22 as follows:

"b) A copy from the original register or a certified copy or a photocopy from the original or a copy presented with the original for verification or an electronic copy from the original or an electronically certified copy from the original of the documents proving the legal status of the applicant requesting the issuance of the AEP code in cases where the applicant is a Vietnamese organization or individual.

In cases where the documents proving the legal status of the applicant requesting the issuance of the AEP code are issued by a foreign authority, such documents must be legalized in accordance with the law, except in cases where legalization is exempted under international treaties to which the Socialist Republic of Vietnam is a party or on the principle of reciprocity.

b) Amend and supplement Clause 5 of Article 22 as follows:

"5. The applicant for the issuance of the AEP code must pay the fee as prescribed by law. The time taken to pay the fee by the applicant shall not be counted towards the processing time for administrative procedures. The results will be delivered at the office of the Civil Aviation Authority of Vietnam or through postal service or on an electronic platform or by other appropriate means as prescribed.

13. Amend and supplement Point b Clause 2 and Clause 5 of Article 23 as follows:

a) Amend and supplement Point b Clause 2 of Article 23 as follows:

"b) A copy from the original register or a certified copy or a photocopy from the original or a copy presented with the original for verification or an electronic copy from the original or an electronically certified copy from the original of the documents proving the legal status of the applicant for registration in cases where the applicant is a Vietnamese organization or individual.

In cases where the documents proving the legal status of the applicant for registration of the IDERA document are issued by a foreign authority, such documents must be legalized in accordance with the law, except in cases where legalization is exempted under international treaties to which the Socialist Republic of Vietnam is a party or on the principle of reciprocity.

b) Amend and supplement Clause 5 of Article 23 as follows:

"5. The applicant for registration of the IDERA document must pay the fee as prescribed by law. The time taken to pay the fee by the applicant shall not be counted towards the processing time for administrative procedures. The results will be delivered at the office of the Civil Aviation Authority of Vietnam or through postal service or on an electronic platform or by other appropriate means as prescribed.

14. Amend and supplement Article 24 as follows:

Article 24. Procedure for Cancellation of IDERA Registration

1. The designated person in the IDERA document requests cancellation of the IDERA registration by submitting the application directly, through the postal system, or on an electronic platform or by other appropriate means to the Civil Aviation Authority of Vietnam and bears responsibility for the truthfulness and accuracy of the information recorded in the application.

2. The application for cancellation of the IDERA registration includes:

a) Two copies of the IDERA Registration Cancellation Application Form (for direct submission or through the postal system) or one copy of the IDERA Registration Cancellation Application Form (for electronic submission) according to Model No. 13 attached as Appendix to this Decree, signed directly by the designated person in the IDERA document.

b) A copy from the original register or a certified copy or a photocopy from the original or a copy presented with the original for verification or an electronic copy from the original or an electronically certified copy from the original of the documents proving the legal status of the applicant for cancellation of the IDERA registration in cases where the applicant is a Vietnamese organization or individual.

In cases where the documents proving the legal status of the applicant for cancellation of the IDERA registration are issued by a foreign authority, such documents must be legalized in accordance with the law, except in cases where legalization is exempted under international treaties to which the Socialist Republic of Vietnam is a party or on the principle of reciprocity.

3. Within five working days from the date of receiving all required documents as prescribed, the Civil Aviation Authority of Vietnam shall issue the confirmation of cancellation in the IDERA Registration Cancellation Application Form and return one copy of the application form to the applicant; in case of non-issuance, the Civil Aviation Authority of Vietnam must respond in writing to the applicant and clearly state the reasons.

If the application is incomplete, within one working day from the date of receipt of the application, the Civil Aviation Authority of Vietnam shall provide written guidance for the applicant to complete the application in accordance with the regulations.

The results will be delivered at the office of the Civil Aviation Authority of Vietnam or through postal service or on an electronic platform or by other appropriate means as prescribed.

15. Amend and supplement Point b Clause 2 and Clause 4 of Article 26 as follows:

a) Amend and supplement Point b Clause 2 Article 26 as follows:

"b) A copy from the original book or a certified copy or a photocopy from the original or a copy presented with the original for comparison or an electronic copy from the original book or an electronically certified copy from the original of the documents proving the legal status of the person requesting information in cases where the requester is a Vietnamese organization or individual.

In cases where the documents or materials proving the legal status of the person requesting information are issued by a competent authority of a foreign country, these documents or materials must be legalized according to the provisions of the law, except in cases exempted from legalization under international treaties to which the Socialist Republic of Vietnam is a party or on the principle of reciprocity."

b) Amend and supplement Clause 4 Article 26 as follows:

"4. The person requesting information must pay fees as prescribed by law. The time taken by the requester to submit the fee shall not be counted towards the processing time of administrative procedures. The results will be delivered at the headquarters of the Civil Aviation Authority of Vietnam or through the postal system or on an electronic environment or by other appropriate means as prescribed."

16. Amend and supplement Article 27 as follows:

"Article 27. Complaints and Suggestions Resolution; Correction, Supplement, and Adjustment of Information on Aircraft Nationality Registration, Rights Registration, and IDERA Documentation

1. The Civil Aviation Authority of Vietnam shall be responsible for resolving and responding in writing to complaints and suggestions in accordance with the law or requests from organizations and individuals related to aircraft nationality registration, rights registration, and IDERA documentation.

2. The person proposing corrections, supplements, or adjustments to information on aircraft nationality registration, rights registration, and IDERA documentation shall submit one set of application documents directly, through the postal system, on an electronic environment, or by other appropriate means to the Civil Aviation Authority of Vietnam.

3. The application documents for correcting, supplementing, or adjusting information on aircraft nationality registration, rights registration, and IDERA documentation include:

a) Form No. 03 attached as an appendix to this Decree;

b) A copy from the original book or a certified copy from the original or a photocopy from the original or a copy presented with the original for comparison or an electronic copy from the original book or an electronically certified copy from the original of the documents proving the legal status of the person requesting information in cases where the requester is a Vietnamese organization or individual.

In cases where the documents or materials proving the legal status of the person requesting information are issued by a competent authority of a foreign country, these documents or materials must be legalized according to the provisions of the law, except in cases exempted from legalization under international treaties to which the Socialist Republic of Vietnam is a party or on the principle of reciprocity;

c) A copy accompanied by the original for comparison or a copy certified by the agency, organization, or individual that originally created the document or an electronic copy from the original book or an electronically certified copy from the original of the documents proving the information to be corrected, supplemented, or adjusted.

4. Within one working day from the date of receipt of complete application documents as prescribed, the Civil Aviation Authority of Vietnam shall implement the correction, supplementation, or adjustment of information on aircraft nationality registration, rights registration, and IDERA documentation, issue new Certificates or issue relevant documents.

In cases where the correction, supplementation, or adjustment of information on aircraft nationality registration, rights registration, and IDERA documentation is refused, the Civil Aviation Authority of Vietnam must respond in writing to the requester and clearly state the reasons.

New Certificates or relevant documents issued by the Civil Aviation Authority of Vietnam after the correction, supplementation, or adjustment process will replace the initial corresponding certificates or documents.

5. The person proposing corrections, supplements, or adjustments to information on aircraft nationality registration, rights registration, and IDERA documentation must pay fees as prescribed by law. The results will be delivered at the headquarters of the Civil Aviation Authority of Vietnam or through the postal system or on an electronic environment or by other appropriate means as prescribed."

17. Replace certain phrases as follows:

a) Replace the phrase "or by other appropriate means" with the phrase "or on an electronic environment or by other appropriate means" in Clause 2 Article 9, Clause 1 Article 15;

b) Replace the phrase "or by other appropriate means" with the phrase "or on an electronic environment or by other appropriate means" in Clause 1 Article 5, Clause 1 Article 6, Clause 2 Article 7, Clause 1 Article 17, Clause 2 Article 19, Clause 1 Article 20, Clause 1 Article 21, Clause 1 Article 22, Clause 1 Article 23, Clause 2 Article 26;

c) Replace the phrase "A certified copy (or a copy accompanied by the original for comparison)" with the phrase "A copy accompanied by the original for comparison or a copy certified by the agency, organization, or individual that originally created the document or an electronic copy from the original book or an electronically certified copy from the original" in Point c, Point d, Point đ, and Point e Clause 2 Article 5; Point c, Point d Clause 2 Article 6; Point c Clause 2 Article 15; Point c, Point d Clause 2 Article 16; Point c Clause 2 Article 22 and Point c Clause 2 Article 23.

18. Add the phrase "The time taken by the requester to submit the fee shall not be counted towards the processing time of administrative procedures. The results will be delivered at the headquarters of the Civil Aviation Authority of Vietnam or through the postal system or on an electronic environment or by other appropriate means as prescribed." after the phrase "must pay fees as prescribed by law." in Clause 5 Article 5, Clause 6 Article 6, Clause 5 Article 7, Clause 6 Article 9, Clause 5 Article 15, Clause 5 Article 16, Clause 4 Article 17, Clause 5 Article 19.

19. Repeal Clause 3 Article 5, Clause 3 Article 6, Clause 4 Article 9, Point c Clause 1 Article 10, Clause 3 Article 15, Clause 3 Article 16, Clause 3 Article 22, Clause 3 Article 23.

20. Replace Form No. 03 attached as an appendix to Decree No. 68/2015/NĐ-CP with Appendix I attached as an appendix to this Decree.

21. The number of files required to implement administrative procedures related to aircraft nationality registration and registration of rights over aircraft as stipulated in this Decree is 01 set.

Article 2. Amend and supplement some Articles of Government Decree No. 92/2016/NĐ-CP dated July 1, 2016 on conditional business sectors in the civil aviation industry (hereinafter referred to as Decree No. 92/2016/NĐ-CP) and Government Decree No. 89/2019/NĐ-CP dated November 15, 2019 amending and supplementing some Articles of Decree No. 92/2016/NĐ-CP (hereinafter referred to as Decree No. 89/2019/NĐ-CP).

1. Add Clause 3 to Article 12d of Decree No. 92/2016/NĐ-CP which has been amended and supplemented by Clause 13 of Article 1 of Decree No. 89/2019/NĐ-CP as follows:

"3. The provisions of Clauses 1 and 2 of this Article shall not apply to aircraft used for national defense and security purposes."

2. Amend and supplement Clause 1 and add Clause 2a to Article 16 of Decree No. 92/2016/NĐ-CP which has been amended and supplemented by Clause 15 of Article 1 of Decree No. 89/2019/NĐ-CP as follows:

a) Amend and supplement Clause 1 of Article 16 as follows:

"1. Meeting the conditions prescribed in Points b, c, and d of Clause 2 of Article 65 of the Civil Aviation Law of Vietnam and being assessed and evaluated by the Civil Aviation Authority of Vietnam according to the corresponding service sector as prescribed in Clause 1 of this Article."

b) Add Clause 2a after Clause 2 of Article 16 as follows:

"2a. An airport service provider providing passenger terminal operation services and cargo terminal operation services does not need to meet the conditions prescribed in Points a and b of Clause 2 of this Article."

3. Amend and supplement Clause 1 and Clause 2 of Article 18 of Decree No. 92/2016/NĐ-CP which has been amended and supplemented by Clause 16 of Article 1 of Decree No. 89/2019/NĐ-CP as follows:

a) Amend and supplement Clause 1 of Article 18 as follows:

"1. Individuals and organizations requesting issuance of an Air Service Provision License at an airport must submit 01 set of files directly or through the postal system or via electronic environment or by other means to the Civil Aviation Authority of Vietnam and bear responsibility for the accuracy and truthfulness of the information in the file. The file includes:

a) An application form for the license according to Form No. 03 attached to this Decree;

b) A copy of the enterprise's documentation explaining compliance with the provisions of Clause 1, Article 16 of this Decree;

c) Original or certified electronic copy of the capital confirmation document, except in cases prescribed in Clause 2a of Article 16 of this Decree."

b) Amend and supplement Clause 2 of Article 18 as follows:

"2. Within 12 days from the date of receiving complete application files, the Civil Aviation Authority of Vietnam shall issue an Air Service Provision License at an airport according to Model No. 04 attached to this Decree. In case of refusal, a written response with reasons must be sent to the applicant."

If the application is incomplete, within three working days from the date of receipt of the application, the Civil Aviation Authority of Vietnam must send a written response guiding the applicant to complete the application in accordance with regulations.

The results will be delivered at the office of the Civil Aviation Authority of Vietnam or through postal service or on an electronic platform or by other appropriate means as prescribed.

4. Amend and supplement Point b of Clause 2 of Article 19 and add Clause 6 to Article 19 of Decree No. 92/2016/NĐ-CP as follows:

a) Amend and supplement Point b of Clause 2 of Article 19 as follows:

"b) Copies of relevant documents relating to changes in the content of the license (if any)."

b) Add Clause 6 to Article 19 as follows:

"6. The result delivery shall be carried out at the headquarters of the Civil Aviation Authority of Vietnam or through the postal system or via electronic environment or by other appropriate means as prescribed."

5. Amend and supplement Clause 3 of Article 27 of Decree No. 92/2016/NĐ-CP which has been amended and supplemented by Clause 22 of Article 1 of Decree No. 89/2019/NĐ-CP as follows:

"3. Within 20 days from the date of receiving complete application files, the Civil Aviation Authority of Vietnam shall review the file, inspect and evaluate the actual conditions of the facility; request the applicant to provide additional explanations and corrections to related contents and documents; issue a Certificate of Eligibility for Training and Vocational Training of Aviation Personnel to the applicant according to Model No. 07 attached to this Decree and deliver the result directly or through the postal system or by other appropriate means to the applicant; in case of refusal, a written response with reasons must be provided."

6. Replace the phrase "or by other appropriate means" with "or via electronic environment or by other means" in Clause 2 of Article 19.

7. Replace Model No. 03 and Model No. 04 attached to Decree No. 92/2016/NĐ-CP respectively with Appendix II and Appendix III attached to this Decree.

Article 3. Amending, supplementing, and abolishing some articles of Decree No. 05/2021/NĐ-CP dated January 25, 2021 of the Government on management and operation of civil aviation airports (hereinafter referred to as Decree No. 05/2021/NĐ-CP).

1. Amending and supplementing Clause 1, Point b Clause 2 Article 43 as follows:

a) Amending and supplementing Clause 1 Article 43 as follows:

"1. The operator of the civil aviation airport shall submit one set of application documents for temporarily closing the civil aviation airport directly, through the postal service system, or via electronic environment or other appropriate forms to the Civil Aviation Administration of Vietnam. The application documents include:

a) A document requesting temporary closure of the civil aviation airport including information such as the name of the civil aviation airport; reasons for temporarily closing the civil aviation airport; the duration of temporary closure of the civil aviation airport;

b) A copy of the Decision approving the project for upgrading, expanding, or repairing infrastructure issued by the competent authority;

c) A copy of the construction organization plan, safety measures, and environmental protection measures."

b) Amending and supplementing Point b Clause 2 Article 43 as follows:

"b) Within five working days from the date of receiving the report on the results of the review, the Minister of Transport shall decide on the temporary closure of the civil aviation airport and send the result directly, through the postal service system, via electronic environment, or by other appropriate forms; in case of non-approval, a written response must be provided to the applicant, clearly stating the reasons."

2. Amending and supplementing Point a Clause 2 Article 45 as follows:

"a) The operator of the civil aviation airport shall submit a written report directly, through the postal service system, via electronic environment, or by other appropriate forms to the Civil Aviation Administration of Vietnam regarding the temporary closure of the civil aviation airport. The report includes information such as the name of the civil aviation airport; reasons for temporarily closing the civil aviation airport; the duration of temporary closure of the civil aviation airport;"

3. Amending and supplementing Clause 4 Article 49 as follows:

"4. The investor of the project to construct works at the civil aviation airport shall organize the preparation of a general layout drawing at a scale of 1/500 within the scope of the project boundary assigned by the competent authority and submit one set of application documents for approval of the general layout drawing within the scope of the project boundary assigned directly, through the postal service system, via electronic environment, or by other appropriate forms to the Civil Aviation Administration of Vietnam. The application documents include:

b) A copy or an electronic copy of the master plan drawing file, including: an explanation of the master plan drawing and related drawings;

b) A copy of the general layout drawing documents, including: explanation of the general layout drawing and related drawings;

c) A copy of the comments from relevant agencies and units;

d) A copy of the explanation of the comments from relevant agencies and units.

Within thirty days from the date of receipt of complete valid documents, the Civil Aviation Administration of Vietnam shall be responsible for soliciting opinions from relevant units, reviewing, and approving the general layout drawing within the scope of the project boundary assigned and sending it directly, through the postal service system, via electronic environment, or by other appropriate forms to the project investor. In case of refusal to approve, the Civil Aviation Administration of Vietnam shall clearly state the reasons."

4. Amending and supplementing Clause 5, Clause 6 Article 50 as follows:

a) Amending and supplementing Clause 5 Article 50 as follows:

"5. The investor constructing, renovating, upgrading, maintaining, repairing works, installing, maintaining, and repairing equipment in the area of the civil aviation airport shall submit one set of application documents for approval of the security and safety assurance plan for construction, renovation, upgrading, maintenance, repair of works, installation, maintenance, and repair of equipment in the area of the civil aviation airport directly, through the postal service system, via electronic environment, or by other appropriate forms to the Civil Aviation Administration of Vietnam according to Clause 3 of this Article or the Civil Aviation Port Authority according to Clause 4 of this Article. The application documents include:

a) A document requesting approval;

b) A copy of the security and safety assurance plan and environmental protection plan during construction at the civil aviation airport, along with the plan to adjust the operation of runways, taxiways, aircraft parking areas, passenger terminals, cargo terminals, and the adjustment plan for the operation of equipment ensuring flight activities (if applicable);

c) A copy of the agreement on the security and safety assurance plan and environmental protection plan during construction at the civil aviation airport with relevant agencies and units;

d) A copy of the construction permit for projects required to obtain a construction permit under the laws on investment and construction."

b) Amending and supplementing Clause 6 Article 50 as follows:

"6. Within twelve days from the date of receiving complete documents as prescribed, the Civil Aviation Administration of Vietnam (for the provisions of Clause 3 of this Article) or the Civil Aviation Port Authority (for the provisions of Clause 4 of this Article) shall be responsible for reviewing and issuing a document approving the security and safety assurance plan and environmental protection plan during construction at the civil aviation airport and sending it directly, through the postal service system, via electronic environment, or by other appropriate forms to the investor. In case of refusal to approve, a written notification must be provided to the applicant, clearly stating the reasons."

5. Amending and supplementing Clause 4, Clause 5, Clause 6, Clause 9, Clause 10 Article 51 as follows:

a) Amending and supplementing Clause 4 Article 51 as follows:

"4. The operator of the works belonging to the infrastructure of the civil aviation airport as stipulated in Points a, b, c Clause 1 of this Article shall submit one set of application documents for putting the works, part of the works belonging to the infrastructure of the civil aviation airport into operation directly, through the postal service system, via electronic environment, or by other appropriate forms to the Civil Aviation Administration of Vietnam. The application documents include:

a) A document requesting the operation of the works, part of the works including information such as the location and scope of use; the time of use in accordance with the regulations on air traffic information announcements; key technical parameters of the work item; the lifespan of the works;

b) A copy of the completion acceptance record for the project component or construction project put into use, and a copy of the notification from the competent state agency regarding the results of the inspection of the acceptance work for the project component or construction project put into use, in accordance with the laws on construction;

c) Draft operational documentation for the construction project.

b) Amend and supplement Clause 5 of Article 51 as follows:

"5. The operator of the infrastructure of an airport or air cargo terminal, as stipulated in Clause 1 of this Article, shall submit one set of application documents to temporarily close part of the infrastructure of the airport or air cargo terminal directly, through the postal service, or via electronic means or other methods to the Civil Aviation Administration of Vietnam. The application documents shall include:

a) A request for permission to temporarily close part of the infrastructure of the airport or air cargo terminal, including information on the reasons for temporary closure, location and scope of the temporary closure, and the duration of the temporary closure in compliance with aviation information notification regulations;

b) A copy of the detailed drawing plan of the area to be temporarily closed;

c) A copy of the plan to ensure continued operation related to the temporarily closed facility;

d) A copy of the measures to ensure security and safety related to the temporarily closed facility."

"6. Within ten days from the date of receipt of complete application documents in accordance with the regulations, the Civil Aviation Administration of Vietnam shall examine and decide on the operation of the facility or part of the facility belonging to the infrastructure of the airport or air cargo terminal, and send the result directly, through the postal service, or via electronic means or other methods to the operator of the facility belonging to the infrastructure of the airport or air cargo terminal. In case of non-approval, the Civil Aviation Administration of Vietnam must issue a written notice stating the reasons."

d) Amend and supplement Clause 9 of Article 51 as follows:

"9. When there are changes in technical parameters of facilities, operating procedures, or service provision, the operator of the facility must update these changes in the amendment pages of the operational documentation for the facility. Annually, the operator of the facility must review and submit the updated operational documentation to the Civil Aviation Administration of Vietnam for re-approval when there are changes related to the contents of the operational documentation. The operator of the facility shall submit one set of application documents for approval of amendments and supplements to the operational documentation directly, through the postal service, or via electronic means or other methods to the Civil Aviation Administration of Vietnam. The application documents shall include:

a) A request for approval;

b) Draft content for amendments and supplements to the operational documentation;

c) A copy of the documentation proving the content of the amendments and supplements."

đ) Amend and supplement Clause 10 of Article 51 as follows:

"10. Within fifteen days from the date of receipt of complete application documents in accordance with the regulations, the Civil Aviation Administration of Vietnam shall be responsible for reviewing the operational documentation for the facility, approving amendments and supplements to the documentation, and sending the result directly, through the postal service, or via electronic means or other methods to the applicant. In case of refusal to approve, the Civil Aviation Administration of Vietnam must notify in writing, stating the reasons."

a) Amend and supplement Point b of Clause 1 of Article 52 as follows:

"b) A copy of the decision on establishment or a copy of the business registration certificate of the owner or organization entrusted with managing the airport or air cargo terminal; a copy of the identity card or a copy of the citizen identification card or a copy of the passport of the owner of the airport or air cargo terminal who is an individual."

b) Amend and supplement Clause 2 of Article 52 as follows:

"2. In the case where an airport or air cargo terminal is under construction, the owner or organization entrusted with managing the airport or air cargo terminal shall submit one set of application documents for issuance of a temporary business registration certificate for the airport or air cargo terminal directly, through the postal service, or via electronic means or other methods to the Civil Aviation Administration of Vietnam. The application documents shall include the documents specified in Points a, b, and c of Clause 1 of this Article."

c) Amend and supplement Clause 4 of Article 52 as follows:

"4. Within three working days from the date of examination, the Civil Aviation Administration of Vietnam shall register the airport or air cargo terminal in the Register of Airports and Air Cargo Terminals, issue a business registration certificate for the airport or air cargo terminal according to Model No. 02 attached to this Decree, and send the result directly, through the postal service, or via electronic means or other methods to the owner or organization entrusted with managing the airport or air cargo terminal. In case of refusal to issue a business registration certificate for the airport or air cargo terminal, the Civil Aviation Administration of Vietnam shall notify in writing, stating the reasons."

d) Amend and supplement Clause 6 of Article 52 as follows:

"6. If the business registration certificate for the airport or air cargo terminal is lost or damaged, it may be requested to be reissued. The person holding the business registration certificate for the airport or air cargo terminal shall submit a request for reissue of the certificate directly, through the postal service, or via electronic means or other methods according to Model No. 01 attached to this Decree to the Civil Aviation Administration of Vietnam.

Within three working days from the date of receipt of the request in accordance with the regulations, the Civil Aviation Administration of Vietnam shall examine and decide on the reissue of the business registration certificate for the airport or air cargo terminal and send the result directly, through the postal service, or via electronic means or other methods to the applicant. In case of refusal to reissue, the Civil Aviation Administration of Vietnam shall notify in writing the reasons for refusal."

7. Amend and supplement Point b of Clause 2 and Clause 3 of Article 53 as follows:

"b) A copy of the documentation proving the proposed changes."

b) Amend and supplement Clause 3 of Article 53 as follows:

"3. Within five working days from the date of receiving all required documents, the Civil Aviation Authority of Vietnam shall review the amendment to the contents of the airport operation certificate; issue a new airport operation certificate and directly send it or through the postal service or on an electronic environment or by other appropriate means to the applicant; revoke the previously issued certificate. In case of refusal to amend, the Civil Aviation Authority of Vietnam must notify in writing the reasons for refusal."

8. Amend and supplement Point b Clause 1, Clause 4, Clause 6, Clause 7 Article 55 as follows:

a) Amend and supplement Point b Clause 1 Article 55 as follows:

"b) Draft of the airport operation manual."

b) Amend and supplement Clause 4 Article 55 as follows:

"4. Within five working days from the date of completing the verification of actual conditions of the airport regarding the operation manual, the Civil Aviation Authority of Vietnam shall issue the airport operation certificate according to Model No. 04 attached to this Decree and directly send it or through the postal service or on an electronic environment or by other appropriate means to the applicant. In case of refusal to issue, the Civil Aviation Authority of Vietnam shall notify in writing, specifying the reasons."

c) Amend and supplement Clause 6 Article 55 as follows:

"6. The airport operator shall submit one set of application documents for amending the airport operation certificate directly or through the postal service or on an electronic environment or by other appropriate means to the Civil Aviation Authority of Vietnam, including the following documents:

a) Application form for amending the contents of the airport operation certificate according to Model No. 03 attached to this Decree;

b) A copy of the document proving the changes proposed for amendment.

Within five working days from the date of receiving the application documents as prescribed, the Civil Aviation Authority of Vietnam shall approve the amendment to the airport operation certificate and directly send the result or through the postal service or on an electronic environment or by other appropriate means to the applicant. In case of refusal to approve, the Civil Aviation Authority of Vietnam shall notify in writing, specifying the reasons."

d) Amend and supplement Clause 7 Article 55 as follows:

"7. If the airport operation certificate is lost, torn, or damaged, it may be reissued. The airport operator shall submit an application for reissuing the certificate according to Model No. 03 attached to this Decree directly or through the postal service or on an electronic environment or by other appropriate means to the Civil Aviation Authority of Vietnam.

Within three working days from the date of receiving the application as prescribed, the Civil Aviation Authority of Vietnam shall examine and decide to reissue the certificate and directly send the result or through the postal service or on an electronic environment or by other appropriate means to the applicant. In case of refusal to reissue, the Civil Aviation Authority of Vietnam shall notify in writing, specifying the reasons."

9. Amend and supplement Clause 2, Clause 3 Article 56 as follows:

a) Amend and supplement Clause 2 Article 56 as follows:

"2. The airport operator shall review the airport operation manual annually or when requested by the Civil Aviation Authority of Vietnam or when there are changes related to the contents of the airport operation manual that affect the operational methods and procedures. The airport operator shall submit one set of application documents for approving the amendment and supplementation of the airport operation manual directly or through the postal service or on an electronic environment or by other means to the Civil Aviation Authority of Vietnam. The application documents include:

a) A request for approval;

b) Draft content for amendments and supplements to the operational documentation;

c) A copy of the documentation proving the content of the amendments and supplements."

b) Amend and supplement Clause 3 Article 56 as follows:

"3. Within eight days from the date of receiving all required documents, the Civil Aviation Authority of Vietnam shall be responsible for reviewing the airport operation manual. In case the airport operation manual does not meet the requirements, the Civil Aviation Authority of Vietnam shall notify the results of the review in writing and request the airport operator to supplement and complete the airport operation manual. In case the airport operation manual meets the requirements, the Civil Aviation Authority of Vietnam shall organize the verification of the actual conditions of the airport according to the amended and supplemented contents of the airport operation manual (if necessary); approve the amendment and supplementation of the manual and directly send the result or through the postal service or on an electronic environment or by other means to the applicant. In case of refusal to approve, the Civil Aviation Authority of Vietnam shall notify in writing, specifying the reasons."

10. Amend and supplement Point c, Point d Clause 1, Clause 2, Clause 4, Clause 5, Clause 6 Article 57 as follows:

"c) A copy of the document proving the organizational structure and list of staff who have been granted relevant professional licenses and certificates;"

"d) The original or certified copy (in case of submission via electronic environment) of the capital confirmation document;"

c) Amend and supplement Clause 2 Article 57 as follows:

"2. Within ten days from the date of receiving all required documents, the Ministry of Transport shall organize the review and issue the Airport Business License according to Model No. 06 attached to this Decree and directly send it or through the postal service or on an electronic environment or by other appropriate means to the applicant; in case of refusal to issue the License, the Ministry of Transport shall send a written response to the applicant and specify the reasons."

d) Amend and supplement Clause 4 Article 57 as follows:

"4. The organization shall submit one set of application documents for reissuing the Airport Business License directly or through the postal service or on an electronic environment or by other appropriate means to the Ministry of Transport and shall bear responsibility for the accuracy and truthfulness of the information in the documents. The documents include:

a) Application form for reissuing the License according to Model No. 05 attached to this Decree;

b) A copy of the relevant documents concerning the change in the contents of the License (if applicable)."

đ) Amend and supplement Clause 5 Article 57 as follows:

"5. In case of reissuing the Business License due to changes in content: within five working days from the date of receiving all required documents as prescribed, the Ministry of Transport shall reissue the Business License for Airports and send the result directly or through postal service or on electronic environment or by other appropriate means to the applicant; in case of not reissuing the Business License, a written response must be sent to the applicant with clear reasons stated."

e) Amend and supplement Clause 6 of Article 57 as follows:

"6. In case of reissuing the Business License due to loss or damage: within three working days from the date of receiving the request, the Ministry of Transport shall be responsible for reviewing and deciding to reissue the Business License and sending the result directly or through postal service or on electronic environment or by other appropriate means to the applicant; in case of not reissuing the Business License, a written response must be sent to the applicant with clear reasons stated."

11. Amend and supplement Clause 1, Clause 2, Clause 4, Clause 5, Clause 6, and Clause 7 of Article 59 as follows:

a) Amend and supplement Clause 1 of Article 59 as follows:

"1. The organization managing and using air traffic controllers, equipment operators, and vehicle operators in restricted areas of airports shall submit one set of application documents for issuing the Air Traffic Controller, Equipment Operator, and Vehicle Operator License in restricted areas of airports directly or through postal service or on electronic environment or by other appropriate means to the Civil Aviation Authority of Vietnam. The documents include:

a) An application form for issuing the License accompanied by a list of employees being requested according to Model No. 07 attached to this Decree;

b) A personal declaration form of the applicant for issuing the License according to Model No. 08 attached to this Decree, one color photograph measuring 3 cm x 4 cm (in case of direct submission or through postal service or by other appropriate means) or a digitalized color photograph measuring 3 cm x 4 cm (in case of submission on electronic environment). The photograph must not be older than six months from the date of taking to the date of submitting the documents;

c) A copy of a valid motor vehicle driver's license (for employees operating vehicles);

d) A copy of a relevant professional certificate as prescribed."

b) Amend and supplement Clause 2 of Article 59 as follows:

"2. Within eighteen days from the date of receiving all required documents as prescribed, the Civil Aviation Authority of Vietnam shall review the documents, organize examinations, decide to issue the Air Traffic Controller, Equipment Operator, and Vehicle Operator License in restricted areas of airports, and send the result directly or through postal service or on electronic environment or by other appropriate means to the requesting organization; in case of refusal to issue the License, a written notification must be sent with clear reasons stated."

c) Amend and supplement Clause 4 of Article 59 as follows:

"4. In case of reissuing the License when it still has less than sixty days remaining validity or when the License has expired

a) The documents include: the documents specified in point a, b, c of Clause 1 of this Article and a copy of the document proving that the employee has been trained regularly or refresher training as prescribed;

b) Within eighteen days from the date of receiving all required documents as prescribed, the Civil Aviation Authority of Vietnam shall review the documents, organize examinations, decide to issue the Air Traffic Controller, Equipment Operator, and Vehicle Operator License in restricted areas of airports, and send the result directly or through postal service or on electronic environment or by other appropriate means to the requesting organization; in case of refusal to reissue the License, a written notification must be sent with clear reasons stated."

d) Amend and supplement Clause 5 of Article 59 as follows:

"5. In case of reissuing the License due to loss or damage

a) The documents include: the documents specified in point a of Clause 1 of this Article and one color photograph measuring 3 cm x 4 cm (in case of direct submission or through postal service or by other appropriate means) or a digitalized color photograph measuring 3 cm x 4 cm (in case of submission on electronic environment). The photograph must not be older than six months from the date of taking to the date of submitting the documents;

b) Within five working days from the date of receiving all required documents as prescribed, the Civil Aviation Authority of Vietnam shall decide to reissue the Air Traffic Controller, Equipment Operator, and Vehicle Operator License in restricted areas of airports and send the result directly or through postal service or on electronic environment or by other appropriate means to the requesting organization; in case of refusal to reissue the License, a written notification must be sent with clear reasons stated."

đ) Amend and supplement Clause 6 of Article 59 as follows:

"6. In case of reissuing the License due to changes in the organization using air traffic personnel

a) The documents include: the documents specified in point a of Clause 1 of this Article and one color photograph measuring 3 cm x 4 cm (in case of direct submission or through postal service or by other appropriate means) or a digitalized color photograph measuring 3 cm x 4 cm (in case of submission on electronic environment). The photograph must not be older than six months from the date of taking to the date of submitting the documents); a copy of the Decision terminating the Labor Contract of the previous employing organization, a copy of the Labor Contract of the new employing organization, and a copy of the License issued by the Civil Aviation Authority of Vietnam which is still valid for cases involving changes in the organization using air traffic personnel;

b) Within five working days from the date of receiving all required documents as prescribed, the Civil Aviation Authority of Vietnam shall decide to reissue the Air Traffic Controller, Equipment Operator, and Vehicle Operator License in restricted areas of airports and send the result directly or through postal service or on electronic environment or by other appropriate means to the applicant; in case of refusal to reissue the License, a written notification must be sent with clear reasons stated."

e) Amend and supplement Clause 7 of Article 59 as follows:

"7. An organization requesting to supplement the qualification for an aviation equipment control and operation license, or for operating at restricted areas of airports, shall submit one set of application documents directly, through postal service, via electronic environment, or by other appropriate means to the Civil Aviation Authority of Vietnam. The application includes:

a) A request form for supplementary qualification accompanied by a list of employees being requested according to Model No. 07 attached and promulgated with this Decree;

b) A copy of a valid motor vehicle driver's license (for personnel controlling vehicles) and one color passport-sized photograph measuring 3 cm x 4 cm (for direct submission, postal service, or other appropriate means) or a digitized color passport-sized photograph measuring 3 cm x 4 cm (for submission via electronic environment). The photograph must not be more than six months old from the date of issuance until the date of submission);

c) A copy of the professional certificate as prescribed.

Within three working days from the date of receiving complete applications as stipulated, the Civil Aviation Authority of Vietnam shall review the application, decide on granting supplementary qualification, and send the result directly, through postal service, via electronic environment, or by other appropriate means to the requesting organization; in case of refusal, a written notification specifying the reasons must be issued.

14. Repeal Point b Clause 1 Article 57.

Article 4. Effective date

1. This Decree takes effect from September 15, 2022.

2. Repeal Decree No. 07/2019/NĐ-CP dated January 23, 2019 of the Government amending and supplementing certain provisions of Decree No. 68/2015/NĐ-CP dated August 18, 2015 of the Government on nationality registration and rights registration for aircraft (hereinafter referred to as Decree No. 07/2019/NĐ-CP).

3. Administrative procedures' files submitted to the Civil Aviation Authority of Vietnam before the effective date of this Decree shall continue to be processed according to the provisions of Decree No. 68/2015/NĐ-CP; Decree No. 07/2019/NĐ-CP; Decree No. 92/2016/NĐ-CP; Decree No. 89/2019/NĐ-CP; Decree No. 05/2021/NĐ-CP.

4. The Minister, Heads of Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees under central cities are responsible for implementing this Decree./.