Circular No. 65/2024/TT-BGTVT amends and supplements certain provisions of the Civil Aviation Safety Regulations in the field of aircraft and aircraft operation issued together with Circular No. 01/2011/TT-BGTVT dated January 27, 2011, by the Minister of Transport, and Circular No. 09/2023/TT-BGTVT dated June 9, 2023, by the Minister of Transport, amending and supplementing certain provisions of the Civil Aviation Safety Regulations in the field of aircraft and aircraft operation issued together with Circular No. 01/2011/TT-BGTVT and other circulars amending and supplementing Circular No. 01/2011/TT-BGTVT of the Minister of Transport.

CIRCULAR

Amending and supplementing certain provisions of the Civil Aviation Safety Regulations in the field of aircraft and aircraft operation issued together with Circular No. 01/2011/TT-BGTVT dated January 27, 2011, of the Minister of Transport and Circular No. 09/2023/TT-BGTVT dated June 9, 2023, of the Minister of Transport amending and supplementing certain provisions of the Civil Aviation Safety Regulations in the field of aircraft and aircraft operation issued together with Circular No. 01/2011/TT-BGTVT and other circulars amending and supplementing Circular No. 01/2011/TT-BGTVT of the Minister of Transport. The Minister of Transport issues this Circular to amend and supplement certain provisions of the Civil Aviation Safety Regulations in the field of aircraft and aircraft operation issued together with Circular No. 01/2011/TT-BGTVT dated January 27, 2011, of the Minister of Transport and Circular No. 09/2023/TT-BGTVT dated June 9, 2023, of the Minister of Transport amending and supplementing certain provisions of the Civil Aviation Safety Regulations in the field of aircraft and aircraft operation issued together with Circular No. 01/2011/TT-BGTVT and other circulars amending and supplementing Circular No. 01/2011/TT-BGTVT of the Minister of Transport.

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006, and the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated November 21, 2014;

BASED ON THE PHARMACEUTICAL LAW dated April 6, 2016;

BASED ON THE LAW ON PREVENTION AND CONTROL OF HARM CAUSED BY ALCOHOL AND BEER dated June 14, 2019;

BASED ON THE LAW ON PREVENTION AND CONTROL OF DRUG ABUSE dated March 30, 2021;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

BASED ON THE DECREE NO. 66/2015/ND-CP dated August 12, 2015 of THE GOVERNMENT stipulating the aviation authority;

PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE TRANSPORT DEPARTMENT AND THE DIRECTOR OF THE VIETNAM CIVIL AVIATION ADMINISTRATION;

Article 1. Amending and supplementing certain provisions of the Civil Aviation Safety Regulations in the field of aircraft and aircraft operation issued together with Circular No. 01/2011/TT-BGTVT dated January 27, 2011, of the Minister of Transport and Circular No. 09/2023/TT-BGTVT dated June 9, 2023, of the Minister of Transport amending and supplementing certain provisions of the Civil Aviation Safety Regulations in the field of aircraft and aircraft operation issued together with Circular No. 01/2011/TT-BGTVT and other circulars amending and supplementing Circular No. 01/2011/TT-BGTVT of the Minister of Transport (hereinafter referred to as the Civil Aviation Safety Regulations, abbreviated as the CARS).

3. Amending and supplementing certain provisions of Part 22 of the CARS at Appendix III issued together with this Circular.

1. Amend and supplement certain provisions of Part 1 of the CASSR at Appendix I attached hereto.

2. Amending and supplementing certain provisions of Part 10 of the Civil Aviation Safety Regulations at Appendix II promulgated together with this Circular.

2. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replaced documents shall be applied.

Article 2. Effective Date

1. This Circular takes effect from March 31, 2025.

- Ministries, ministerial-level agencies, and agencies under the Government;

ANNEX I
"(15) Neurostimulants include:

(i) Alcohol and beer as defined in Clause 1 and Clause 2 of Article 2 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer;

(ii) Narcotic drugs and psychotropic substances listed in Appendix I and Appendix II issued together with Circular No. 20/2017/TT-BYT dated May 10, 2017, of the Minister of Health detailing certain articles of the Drug Law and Decree No. 54/2017/NĐ-CP dated May 8, 2017, of the Government on special control drugs and drug raw materials;

(iii) Narcotics and precursor chemicals listed in the Appendix issued together with Decree No. 57/2022/NĐ-CP dated August 25, 2022, of the Government specifying lists of narcotics and precursor chemicals and Decree No. 90/2024/NĐ-CP dated July 17, 2024, of the Government amending and supplementing the list of narcotics and precursor chemicals issued together with Decree No. 57/2022/NĐ-CP."

b) Amending and supplementing Clause (354) as follows:

"(354) Using neurostimulants: refers to the use of alcohol, beer, and substances and drugs as defined in Clause (15) of this Article."

2. Replacing the phrase "narcotics and alcoholic beverages" with the phrase "neurostimulants" in the title of Article 1.083 and Clause a of Article 1.083 stipulated in Part 1 issued together with Circular No. 01/2011/TT-BGTVT.

3. Replacing the phrase "determining blood alcohol content" with the phrase "neurostimulants" in Clause c of Article 1.083 stipulated in Part 1 issued together with Circular No. 01/2011/TT-BGTVT.

4. Supplementing Clauses d, đ, e, g, and h of Article 1.083 stipulated in Part 1 issued together with Circular No. 01/2011/TT-BGTVT as follows:

""(d) Aircraft operators must ensure that all members of the flight crew have no alcohol in their blood or breath when performing flight duties within the territory of Vietnam.

(đ) Aircraft operators must report to the Civil Aviation Administration within 24 hours from the time of discovery of the use of neurostimulants.

(e) Aircraft operators must develop content related to periodic and spot checks for timely detection and prevention of the use of neurostimulants by flight crew members in safety flight documentation."

4. ADD CLAUSES d, đ, e, g AND h TO ARTICLE 1.083 AS PROVIDED IN PART 1 ISSUED ALONG WITH CIRCULAR NUMBER 01/2011/TT-BGTVT AS FOLLOWS:

"(d) THE AIRCRAFT OPERATOR MUST ENSURE THAT ALL MEMBERS OF THE FLIGHT CREW DO NOT HAVE ANY ETHANOL CONCENTRATION IN THEIR BLOOD OR BREATH WHEN PERFORMING FLIGHT DUTIES ON VIETNAMESE TERRITORY.

(đ) THE AIRCRAFT OPERATOR MUST REPORT TO THE CIVIL AVIATION ADMINISTRATION OF VIETNAM WITHIN 24 HOURS FROM THE TIME OF DETECTION OF NEUROSTIMULANT USE.

(e) THE AIRCRAFT OPERATOR MUST DEVELOP CONTENTS OF PROCEDURES RELATED TO REGULAR AND SPORADIC INSPECTIONS AND SUPERVISION TO TIMELY DETECT AND PREVENT THE USE OF NEUROSTIMULANTS BY FLIGHT CREW MEMBERS IN THE AVIATION SAFETY DOCUMENTATION SYSTEM.

(g) The aircraft operator must use breath alcohol concentration measuring devices that meet the calibration standards set forth in Technical Measurement Document (ĐLVN) 107:2012 of the Ministry of Science and Technology regarding breath alcohol content measuring instruments, which are certified with calibration seals, stamps, or certificates in accordance with the regulations; they must comply with the calibration cycle specified in Circular No. 23/2013/TT-BKHCN dated September 26, 2013, issued by the Minister of Science and Technology on measurement for Group 2 measuring instruments (amended and supplemented by Circular No. 07/2019/TT-BKHCN dated July 26, 2019).

(h) Users of breath alcohol concentration measuring devices must comply with the following provisions:

(1) Properly implement procedures and regulations related to the use and maintenance of breath alcohol concentration measuring devices according to the manufacturer's specifications.

(2) Account for the permissible error of the measuring device according to the standards set forth in Clause g of this Article."

ANNEX II
Amend and supplement some articles of Part 10 of the Civil Aviation Safety Regulations in the field of aircraft and aircraft operation.
CIVIL AVIATION FIELD OF AIRCRAFT AND AIRCRAFT OPERATIONS

(i) Alcohol and beer as defined in Clause 1 and Clause 2 of Article 2 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer;

1. Repeal Point 1 of Clause a of Section 7 of Appendix VII promulgated together with Circular No. 09/2023/TT-BGTVT dated June 9, 2023, issued by the Minister of Transport amending and supplementing certain articles of the Civil Aviation Safety Regulations in the field of aircraft and aircraft operation promulgated together with Circular No. 01/2011/TT-BGTVT dated January 27, 2011, issued by the Minister of Transport and other circulars amending and supplementing Circular No. 01/2011/TT-BGTVT dated January 27, 2021, issued by the Minister of Transport (hereinafter referred to as Circular No. 09/2023/TT-BGTVT).

2. Amend and supplement Clause a, the title of Clause b, and Clause d of Article 10.120 as stipulated in Part 10 promulgated together with Circular No. 01/2011/TT-BGTVT (which has been amended and supplemented by Circular No. 09/2023/TT-BGTVT).

a) Amend and supplement Clause a of Article 10.120 as follows:

"(a) Crew members are not permitted to perform flight duties when:

1. There is alcohol concentration in their blood or breath.

2. They use psychoactive substances except where there is a medical specialist's confirmation that such use does not affect their cognition or behavior."

b) Replace the phrase "alcohol or substances affecting cognition and behavior in blood" with the phrase "psychoactive substances" in the title of Clause b of Article 10.120 as stipulated in Circular No. 01/2011/TT-BGTVT.

c) Amend and supplement Clause d of Article 10.120 (which has been amended and supplemented by Circular No. 09/2023/TT-BGTVT) as follows:

"(d) Crew members have the right to refuse to perform duties alongside individuals who violate the provisions of this Article and are responsible for reporting to the Aircraft Operator upon discovering the use of psychoactive substances by individuals performing duties on the same flight."

3. Amend and supplement the title of Appendix 1 of Article 10.120 as stipulated in Part 10 promulgated together with Circular No. 01/2011/TT-BGTVT as follows:

"APPENDIX 1 OF ARTICLE 10.120 USE OF PSYCHOACTIVE SUBSTANCES".

ANNEX III
Amend and supplement some articles of Part 22 of the Civil Aviation Safety Regulations.
CIVIL AVIATION FIELD OF AIRCRAFT AND AIRCRAFT OPERATIONS

(i) Alcohol and beer as defined in Clause 1 and Clause 2 of Article 2 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer;

1. Supplement Article 22.183 of Chapter F as stipulated in Part 22 promulgated together with Circular No. 01/2011/TT-BGTVT as follows:

"22.183 PROVISIONS ON THE MANAGEMENT OF CREW MEMBERS USING PSYCHOACTIVE SUBSTANCES

(a) In cases where crew members use or fail to comply with the regulations on checking psychoactive substances, they will not be permitted to perform flights to and from Vietnam within one year from the date of violation.

(b) Foreign aircraft operators operating flights in Vietnam under aircraft lease contracts with Vietnamese aircraft operators must comply with the provisions of Clause d, đ, e, g, h of Article 1.083 as stipulated in Part 1 of the Civil Aviation Safety Regulations in the field of aircraft and aircraft operation. If they do not comply with these provisions, foreign aircraft operators will not be permitted to operate flights in Vietnam within one year from the date of violation."