Decree No. 92/2016/NĐ-CP on business lines and occupations subject to conditions in the civil aviation sector

DECREE

Regulations on business sectors and trades subject to conditions in the civil aviation sector

On the basis of Law on Government Organization dated June 19, 2015;

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

On the basis of Investment Law dated November 26, 2014;

At the proposal of the Minister of Transport;

The Government promulgates this Decree stipulating regulations on industries and trades subject to conditions in the civil aviation sector.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates regulations on industries and trades subject to conditions in the civil aviation sector including:

a) Air transport business;

b) Airports and aerodrome business;

c) Air services at airports and aerodromes;

d) Design, production, maintenance, or testing of aircraft, aircraft engines, propellers, and aircraft equipment in Vietnam;

đ) Air traffic service provision;

e) Training and vocational training for aviation personnel.

2. This Decree does not apply to dedicated airports.

Article 2. Applicability

This Decree applies to organizations and individuals involved in industries and trades subject to conditions in the civil aviation sector in Vietnam.

Article 3. Explanation of Terms

1. Air services at airports are those services directly related to aircraft operation, air transport carriage, and flight activities carried out at airports.

2. Airport business operation is the exploitation of airport infrastructure facilities and other works under the airport infrastructure within the management scope of the airport enterprise for profit-making purposes.

3. Air transport business includes two forms of air transport business and common air transport business.

a) Air transport business involves transporting passengers, baggage, cargo, and mail by air for profit-making purposes.

b) General aviation business is general aviation activity aimed at profit-making using aircraft except unmanned aerial vehicles and ultra-light aircraft as defined in Article 21 of the Civil Aviation Law of Vietnam.

Article 4. Confirmation of Capital

1. The confirmation document for capital shall be stipulated as follows:

a) For contributions in Vietnamese dong and freely convertible foreign currency: The document from the credit institution confirming the amount of funds frozen at the credit institution of the organization or individual applying for a license; the release of the frozen funds at the credit institution can only be executed after the organization or individual has been granted a license or when they receive a notification of refusal to issue a license.

b) For contributions in assets directly serving the purpose of business: The appraisal certificate from a competent appraisal organization confirming the value converted into money of the asset at the time of preparing the application for licensing according to the law on appraisal.

c) For enterprises currently operating in business sectors and trades subject to conditions in the civil aviation sector that wish to supplement other business sectors and trades subject to conditions as stipulated in this Decree may use the audited financial statements of the two consecutive years prior to the application date or a bank guarantee letter as the confirmation document for capital.

2. For businesses operating multiple investment and business sectors subject to conditions under this Decree, the minimum capital requirement shall be the highest capital among all business sectors.

Organizations and individuals directly confirming the capital of a business shall be responsible for the accuracy and honesty of the data at the time of confirmation.

Chapter II
COMMERCIAL AIR CARGO TRANSPORTATION BUSINESS

1. Fulfilling the conditions regarding aircraft operation assurance plans, organizational structures, capital, business plans, and product development strategies as stipulated in Articles 6, 7, 8, and 9 of this Decree.

1. In accordance with the planning for the development of air transportation.

2. Meeting the conditions regarding the plan to ensure aircraft operation, organizational structure, capital, business plan, and product development strategy as specified in Articles 6, 7, 8, and 9 of this Decree.

3. Being granted an air transport business license by the Ministry of Transport after obtaining approval from the Prime Minister.

4. The provisions of this Chapter shall not apply to the training and instruction of crew members and flight instructors.

2. The minimum number of aircraft maintained throughout the air cargo transport business operation is three aircraft for air cargo transport operations; one aircraft for general aviation operations.

1. The plan to ensure aircraft operation for five years from the date of commencement of business includes the following contents:

a) Number, type, and age of aircraft;

b) Form of ownership (purchase, lease purchase, or lease).

c) Plan for aircraft operation, maintenance, and human resources to ensure aircraft operation and maintenance.

d) Capital source to ensure aircraft ownership.

2. The age of second-hand aircraft imported into Vietnam is regulated as follows:

a) For aircraft used for passenger transport: Not exceeding ten years from the date of manufacture to the importation date into Vietnam under the purchase or lease purchase contract; not exceeding twenty years from the date of manufacture to the end of the lease contract. For helicopters, it does not exceed twenty-five years from the date of manufacture to the end of the lease contract.

b) For cargo aircraft, postal items, express packages, and general aviation: Not exceeding fifteen years from the date of manufacture to the importation date into Vietnam under the purchase or lease purchase contract; not exceeding twenty-five years from the date of manufacture to the end of the lease contract.

c) Other types of aircraft not specified in points a and b of Clause 2 of this Article: Not exceeding twenty years from the date of manufacture to the importation date into Vietnam under the purchase or lease purchase contract; not exceeding thirty years from the date of manufacture to the end of the lease contract.

3. The number of aircraft maintained throughout the air transport business period must be at least three aircraft for air transport business; at least one aircraft for general aviation business; the number of leased aircraft with crews at the end of the second year of operation must not exceed thirty percent of the fleet.

4. Possess aircraft types certified by the Federal Aviation Administration (FAA) of the United States, the European Union Aviation Safety Agency (EASA), or the Vietnamese Civil Aviation Authority.

2. Individuals appointed to positions responsible for safety and security management systems, aircraft operation, aircraft maintenance, and flight training must have at least three consecutive years of experience in the relevant field, holding certificates recognized according to civil aviation laws.

1. Have an organizational structure implementing safety and security management systems, aircraft operation, maintenance, flight training, ground operations; product development, marketing, and sale of air transport services, general aviation services according to civil aviation laws; financial settlement system.

2. Individuals appointed to positions responsible for safety and security management, aircraft operation, maintenance, flight training must have at least three years of continuous work experience in the field appointed, holding certificates recognized according to civil aviation laws.

3. The legal representative of an air transport business enterprise must be a Vietnamese citizen.

4. For enterprises with foreign investment, the number of foreign members cannot exceed one-third of the total number of members participating in the management body. The management body includes:

a) General Director (Director), Deputy General Directors (Deputy Directors);

b) Chief Accountant;

c) Persons responsible for areas: Safety management system; aircraft operation; aircraft maintenance; flight crew training; ground operations; product development; marketing and sale of air transport services.

Article 9. Business Plans and Development Strategies

1. Minimum capital level to establish and maintain an air transport business enterprise:

a) Operating up to ten aircraft: VND 700 billion for enterprises operating international air transport; VND 300 billion for enterprises operating domestic air transport only.

b) Operating from eleven to thirty aircraft: VND 1,000 billion for enterprises operating international air transport; VND 600 billion for enterprises operating domestic air transport only.

c) Exploiting more than 30 aircraft: VND 1,300 billion for enterprises engaged in international air cargo transportation; VND 700 billion for enterprises only engaged in domestic air cargo transportation.

2. The minimum capital level for establishing and maintaining a general aviation business: 100 billion Vietnamese dong.

3. An air cargo transportation business with foreign investment must meet the following conditions:

a) The foreign party shall not hold more than 30% of the registered capital.

b) There must be at least one Vietnamese individual or Vietnamese legal entity holding the largest portion of the registered capital. In cases where a Vietnamese legal entity has foreign investment, the foreign shareholding shall not exceed 49% of the registered capital of the Vietnamese legal entity.

4. The transfer of shares or contribution capital from an enterprise engaged in air cargo transportation without foreign investment to a foreign investor may only be carried out two years after the date of issuance of the business license for air cargo transportation.

The enterprise submits a proposal for transferring shares or contribution capital to a foreign investor to the Civil Aviation Authority of Vietnam, which includes: the transferee, conditions for the transfer, number of shares or contribution capital being transferred; plans for developing the fleet, business plans, and development strategies as stipulated in Clause 1 of Article 9 of this Decree (if applicable).

Within five working days from the date of receipt of the enterprise's proposal, the Civil Aviation Authority of Vietnam reports to the Ministry of Transport the results of its review.

Within five working days from the date of receipt of the Civil Aviation Authority of Vietnam’s report on the review results, the Ministry of Transport examines and notifies the enterprise of approval or non-approval, specifying the reasons.

Article 10. Procedures for Issuing Licenses for Air Cargo Transport Business and General Aviation Business

1. The business plan and development strategy of the enterprise include the following contents:

a) Assessment of market demand and development trends;

b) Evaluation of practical service provision and competitive levels in the market;

c) Air cargo transport product development strategy, aircraft fleet development strategy, and business development plan for the first five years from the date of operation.

2. Based on the approved National Air Cargo Transportation Development Plan by the Prime Minister, the Ministry of Transport directs the Civil Aviation Authority of Vietnam and airlines to develop, report, and implement detailed plans on a five-year basis according to the following principles:

a) Consistent with the national economic and social development strategy and the strategy, planning, and implementation of transportation development;

b) Ensuring synchronous development of airports, airfields, flight activities, transportation means, and resources ensuring the operational and maintenance capabilities of the airline's aircraft, regulatory oversight capacity for safety by aviation authorities; environmental protection and sustainable development;

c) Ensuring fair competition among airlines; harmonious development between different types of air cargo transport services.

1. Applicants for licenses for air cargo transport business and general aviation business submit one set of documents directly or through postal services or other appropriate means to the Civil Aviation Authority of Vietnam and bear responsibility for the accuracy and truthfulness of the information in the dossier.

1. The person applying for an Air Cargo Transportation Business License, a Common Air Transportation Business License sends one set of application documents directly or through the postal system or other appropriate methods to the Civil Aviation Authority of Vietnam and bears responsibility for the accuracy and truthfulness of the information in the application.

2. The application documents for obtaining a license include:

b) A report (with supporting documents) demonstrating compliance with air cargo transport business conditions, including: the plan for the number of aircraft to be operated; the organizational structure plan to ensure aircraft operation and air cargo transport business; the business plan and product development strategy; the proposed brand; the organizational chart of the enterprise;

b) Original document confirming the capital;

c) Organizational structure diagram of the enterprise;

d) Certified copies of appointment decisions, labor contracts, certified copies of professional certificates of individuals responsible as stipulated in Article 7 of this Decree;

d) Framework agreement or agreement regarding the purchase, lease-purchase, or lease of aircraft;

e) Enterprise operating regulations.

3. Within thirty days from the date of receiving complete applications as prescribed, the Civil Aviation Authority of Vietnam reports to the Ministry of Transport the results of its review.

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

4. Within fifteen days from the date of receipt of the Civil Aviation Authority of Vietnam’s report on the review results, the Ministry of Transport reviews and submits to the Prime Minister. If the review result is not approved, the Ministry of Transport issues a response to the Civil Aviation Authority of Vietnam and specifies the reasons.

5. Within ten days from the date of receipt of the report from the Ministry of Transport, the Prime Minister reviews and permits the Ministry of Transport to issue an Air Cargo Transportation Business License, a Common Air Transportation Business License.

6. Within five working days from the date of receipt of the Prime Minister's comments, the Ministry of Transport issues the license according to Model Number 02 specified in the Appendix issued together with this Decree.

7. Within five working days from the date of issuance of the license, the air cargo transportation enterprise must publish the contents of the license in three consecutive newspaper issues.

Article 11. Procedures for Reissuing Air Transport Business Licenses and Common Air Business Licenses

1. An Air Cargo Transportation Business License, a Common Air Transportation Business License will be reissued in case of loss, damage, or changes in the contents of the license.

2. The air cargo transportation enterprise sends one set of reissue application documents directly or through the postal system or other appropriate methods to the Civil Aviation Authority of Vietnam and bears responsibility for the accuracy and truthfulness of the information in the application. The application includes:

a) A request for reissuing the license according to Model Number 01 specified in the Appendix issued together with this Decree;

b) Relevant documents related to changes in the license contents (if any).

3. For licenses reissued due to content changes (except for the cases stipulated in Clause 6 of this Article):

a) Within fifteen days from the date of receiving complete applications as prescribed, the Civil Aviation Authority of Vietnam reports to the Ministry of Transport the results of its review;

b) Within three working days from the date of receipt of the Civil Aviation Authority of Vietnam’s report on the review, the Ministry of Transport reissues the license according to Model Number 02 specified in the Appendix issued together with this Decree.

c) Within two working days from the date of receipt of the Civil Aviation Administration of Vietnam's report, the Ministry of Transport shall consider reissuing the license in accordance with

a) Within three working days from the date of receiving complete applications as prescribed, the Civil Aviation Authority of Vietnam reports to the Ministry of Transport;

b) Within two working days from the date of receipt of the Civil Aviation Authority of Vietnam’s report, the Ministry of Transport reviews and reissues the license according to Model Number 02 specified in the Appendix issued together with this Decree.

5. The renewed permit must contain provisions for revoking the previously lost, torn, damaged, or content-changed permit. In cases where approval is not granted, the Ministry of Transport shall notify the Civil Aviation Authority of Vietnam to respond in writing to the applicant and specify the reasons.

Article 12. Revocation of Air Transport Business Licenses and Common Air Business Licenses

c) Ceasing air cargo transport operations for a continuous period of thirty-six months;

a) Failure to maintain the minimum capital during operation;

b) Intentionally falsifying information in the application dossier;

c) Failure to commence air cargo transportation within eighteen months from the date of issuance of the permit;

d) Ceasing air cargo transportation for twelve consecutive months;

đ) Failure to obtain an Aircraft Operator Certificate within eighteen months from the date of issuance of the permit;

e) The Aircraft Operator Certificate being revoked or canceled for over twelve months without reissuance;

g) Operating contrary to the purpose or content specified in the Permit;

h) Intentionally violating the provisions set forth in Clause 4, Article 8, Clause 2, Article 9, and Clause 7, Article 10 of this Decree;

i) Seriously violating laws on national security and defense;

k) Seriously violating laws on aviation security, aviation safety, organizational structure, and air transport operations, as well as general aviation activities;

l) Ceasing operations in accordance with legal regulations or at the request of the air cargo transport business enterprise;

m) No longer meeting the conditions for issuing a permit as stipulated by law.

2. In the case where the License is revoked, the Ministry of Transport shall issue a decision to revoke the license, and the enterprise must immediately cease its air cargo transportation business.

3. Organizations and individuals who have been permitted may apply for a renewed permit one year after the date of revocation of the previous permit.

Chapter III
1. Approval by the Minister of Transport in cases of establishing airport terminal enterprises; transferring shares or contributed capital of airport terminal enterprises to foreign investors.

2. Issuance of an Airport and Airport Terminal Business Operation License upon meeting the conditions prescribed at

1. Approval by the Minister of Transport is required in the following cases: establishment of an airport company; transfer of shares or equity contributions of an airport company to foreign investors.

2. Issuance of Airport Business Operation Licenses when meeting the conditions stipulated in Article 14 of this Decree.

Article 14. Conditions for Issuing a Business License for Civil Aviation Airports

1. Business plans and development strategies of the enterprise must include the following contents:

a) Organizational structure and staff holding permits and certificates that meet the requirements for operating civil airports as prescribed by civil aviation laws;

b) Equipment systems and necessary conditions to ensure aviation safety and aviation security as prescribed by civil aviation laws;

2. Meeting the capital requirements as follows:

a) Minimum capital for establishing and maintaining an airport company for domestic airport operations: 100 billion Vietnamese dong; international airport operations: 200 billion Vietnamese dong;

b) The proportion of foreign investor's capital shall not exceed 30% of the registered capital.

Chapter IV
AIR TRANSPORT SERVICES

Article 15. Conditions for Operating Air Transport Services at Airports

1. Air transport services at airports include:

a) Passenger terminal operation service;

b) Airfield operation service;

c) Terminal and cargo warehouse operation service;

d) Aircraft fuel supply service;

đ) Ground commercial technical support service;

e) In-flight catering service;

g) Aircraft and equipment repair and maintenance service;

h) Air navigation service;

i) Aviation security service.

2. Enterprises are allowed to provide services as specified in Clause 1 of this Article after obtaining an Airport Service Provision Permit, except in cases provided for in Clauses 3 and 4 of this Article.

3. Airfield operation services shall be provided by the airport company or organizations entrusted by the Ministry of Transport to manage the airport infrastructure.

4. Aviation security services shall be provided by the aviation security force established in accordance with Article 195 of the Civil Aviation Law of Vietnam.

Article 16. Conditions for Issuing a Permit for Providing Air Services at Airports

a) Having an organizational structure ensuring the provision of related air services at airports as prescribed by civil aviation laws;

b) Having a team of staff holding permits and certificates that meet the requirements for expertise and operation at airports as prescribed by civil aviation laws;

c) Meeting technical standards, specifications, and criteria regarding aviation safety, aviation security, fire prevention, and environmental protection as prescribed by civil aviation laws and other relevant laws;

d) Meeting the capital requirements as stipulated in Article 17 of this Decree.

a) Passenger terminal operation service: 30 billion Vietnamese dong;

b) Terminal and cargo warehouse operation service: 30 billion Vietnamese dong;

a) Operating passenger terminal services: 30 billion Vietnamese dong;

b) Operating terminal and cargo warehouse services: 30 billion Vietnamese dong;

c) Providing aviation fuel services: 30 billion Vietnamese dong.

2. For enterprises providing passenger terminal, cargo terminal, aviation fuel, ground commercial service, and airfield operation services, the proportion of foreign individual or organization's equity contribution in the charter capital of the enterprise shall not exceed thirty percent.

Article 18. Procedures for Issuing a License for Providing Air Services at Civil Aviation Airports

a) An application form for the permit according to Model No. 03 as prescribed in the Appendix attached to this Decree;

b) Original document confirming the capital;

c) A copy of documentation proving the organizational structure and staff holding appropriate certificates that meet the requirements for expertise in operating at airports;

d) Documentation proving compliance with technical standards, specifications, and criteria regarding aviation safety, aviation security, fire prevention, and environmental protection.

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.

3. The Civil Aviation Authority of Vietnam shall notify the Air Port Control Unit about the issuance of the permit for inspection and supervision purposes.

1. An Air Service Supply Permit may be reissued if it is lost, damaged, or if there are changes in its contents.

a) A request for reissuing the license according to Form No. 03 as prescribed in the attached Appendix to this Decree;

3. For permits renewed due to content changes: Within five working days from the date of receipt of complete application documents, the Civil Aviation Authority of Vietnam shall issue a renewed Airport Service Provision Permit; if the permit is not issued, a written response must be sent to the applicant specifying the reasons.

4. For permits renewed due to loss, tearing, or damage: Within three working days from the date of receipt of the application, the Civil Aviation Authority of Vietnam shall examine and decide to issue a renewed permit or send a written notice to the applicant explaining the reasons for refusal.

5. The Civil Aviation Authority of Vietnam shall notify the Air Port Control Unit about the reissuance of the permit for inspection and supervision purposes.

Article 20. Revocation of Air Service Supply Permit at Airports

1. An Air Service Supply Permit shall be revoked in the following cases:

a) Providing false information during the permit application process;

b) Failure to maintain the minimum capital continuously during operation;

c) Serious violation of laws on national defense and security;

d) Ceasing operations as prescribed by law or upon the enterprise's request;

đ) Being warned by the Civil Aviation Authority of Vietnam for the third time within twelve months without rectification;

e) Serious violation of regulations on aviation security, aviation safety, business conditions, service prices, fire prevention and extinguishing, environmental protection;

g) Not commencing air service supply at airports within twelve months from the date of permit issuance.

2. The Civil Aviation Administration of Vietnam shall issue a decision on the cancellation of licenses, specifying the reasons. Air service providers at airports must immediately cease providing services according to the issued decision.

Chapter V
AIRCRAFT DESIGN, PRODUCTION, MAINTENANCE, TESTING, ENGINE TESTING, PROPELLER TESTING, AND AIRCRAFT EQUIPMENT SERVICES

Article 21. Conditions for providing aircraft maintenance services, aircraft engine propeller maintenance services, and aircraft equipment maintenance services in Vietnam

1. Organizations providing aircraft maintenance services, propeller maintenance services, and aircraft equipment maintenance services in Vietnam must be granted an Approval Certificate for Maintenance Organizations by the Civil Aviation Authority of Vietnam.

2. Conditions for issuing a Certificate of Approval for Maintenance Organizations

a) Having a maintenance staff trained in their respective specialties and aviation safety in accordance with assigned tasks and responsibilities;

b) Having equipment and testing tools used in production or to determine airworthiness that are calibrated to meet approved standards and traceable to the standards set by the equipment and tool design organizations;

c) Having documentation explaining the maintenance organization;

d) Having a management system trained appropriately for civil aviation capabilities for positions such as In-house Maintenance Management, Off-site Maintenance Management, Equipment Repair Shop Management, and Quality Assurance Management;

3. The conditions stipulated in Clause 2 of this Article must comply with technical standards and specifications for civil aviation.

4. This provision applies only to the maintenance of aircraft, aircraft propellers, and aircraft equipment registered under Vietnamese nationality conducted in Vietnam.

Article 22. Conditions for design, production, or testing facilities for aircraft, aircraft engines, aircraft propellers, and aircraft equipment in Vietnam

1. Having a design, production, or testing facility for aircraft, aircraft engines, aircraft propellers, and aircraft equipment approved by the Civil Aviation Administration of Vietnam to meet organizational structure requirements; physical facilities; working conditions; manufacturing, design, production, maintenance, and testing procedures; materials used; and staff in accordance with technical standards and specifications for civil aviation.

2. This provision applies only to the design, production, or testing of aircraft, aircraft engines, aircraft propellers, and aircraft equipment in Vietnam based on a Type Certificate issued by the Civil Aviation Administration of Vietnam.

Chapter VI
OPERATIONS OF AIR TRAFFIC SERVICES

Article 23. Conditions for operating air traffic service businesses

1. Having a service provider for flight operation support systems and equipment that has been granted an operating license by the Civil Aviation Administration of Vietnam when meeting requirements for technical systems, equipment, and operational procedures that comply with technical standards and specifications for civil aviation.

2. Meeting the capital requirements as follows:

a) Enterprises providing air navigation services, aviation information services, search and rescue services must be state-owned enterprises;

b) For enterprises providing air traffic control monitoring services and aviation meteorological services, the state-owned capital ratio must not be less than 65% of the charter capital, and the contribution ratio of foreign individuals and organizations must not exceed 30% of the enterprise's charter capital.

Chapter VII
OPERATIONS OF TRAINING AND SKILL DEVELOPMENT SERVICES FOR AERONAUTICAL PERSONNEL

Article 24. Conditions for Operating Training and Skill Development Services for Aeronautical Personnel

The Civil Aviation Authority of Vietnam grants a Certificate of Eligibility for Training and Skill Development Services for Aeronautical Personnel when meeting the following requirements:

1. Requirements for organizational structure, material infrastructure, equipment, and instructor staff are specified in Articles 25 and 26 of this Decree;

2. Requirements for training programs, textbooks, and training materials as prescribed by the Minister of Transport.

Article 25. Minimum Requirements for Training Facilities, Equipment, and Practical Training Bases of Aviation Personnel Training Institutions

1. Practical training bases and practice rooms must have appropriate area and space for the equipment and machinery used and must meet the minimum conditions specified for vocational education institutions.

2. Training and professional training equipment for certain specialties must meet the following requirements:

a) For pilot crew professional training and flight instructor training: Having training aircraft, simulated cockpits; pilot testing equipment; physical fitness training equipment;

b) For cabin crew professional training: Having aircraft cabin models equipped with security, safety, emergency, first aid, oxygen supply systems, and passenger service equipment approved or certified by the Civil Aviation Administration of Vietnam;

c) For aircraft maintenance and repair professional training: Having training aircraft equipped with electrical, electronic, communication devices still in operation; practical equipment for mechanical, electrical, electronic, information technology, and aircraft structural diagrams suitable for the training program;

d) For air traffic control professional training: Having simulation systems for air traffic controllers (excluding personnel performing flight procedure duties, flight coordination, and signaling) suitable for the training program;

đ) For air navigation, surveillance, and air traffic control professional training: Having sufficient practical equipment suitable for the training program content;

e) For aviation security professional training: Having security screening equipment or simulated models and software for teaching passenger and baggage screening, dangerous goods, weapons, and support tools; practical training rooms equipped with suitable teaching equipment for the training program;

g) For aviation news reporting professional training: Having information and data systems suitable for the training program content; having sufficient practical equipment suitable for the training program content;

h) For aviation meteorology professional training: Having equipment and information and data systems suitable for the training program content;

i) For aviation dispatch and operations professional training: Having relevant materials on the performance and technology of currently operated aircraft types, dispatch and operations software; practical equipment and information and data systems suitable for the training program content and other materials consistent with International Civil Aviation Organization (ICAO) requirements;

k) For aviation equipment operation and restricted area activity equipment operation professional training: Having practical equipment, activity areas, and operation manuals suitable for the training program content;

l) For ground handling service professional training for flights: Having equipment, materials, information and data systems, and practical guidance software suitable for the training program content, and operation manuals.

m) For training and vocational instruction for civil aviation flight design personnel: There is a process for building, designing flight methods, and operating flight methods, civil aviation map systems, information and data systems, and equipment serving flight method design work consistent with the content of the training and vocational instruction program;

n) For training and vocational instruction for civil aviation search and rescue personnel: There are organizational system diagrams and models for civil aviation search and rescue operations, search and rescue organization procedures; hypothetical scenarios, search and rescue training video clips; equipment systems, international signal code boards related to civil aviation activities and search and rescue operations; information and data systems serving civil aviation search and rescue operations consistent with the content of the training and vocational instruction program;

o) Comply with technical standards and specifications for civil aviation as prescribed.

Article 26. Instructors at training institutions for aviation personnel

1. Civil aviation training and vocational instruction institutions must have sufficient theoretical and practical instructors to ensure that each specialized aviation subject course has at least one instructor. The training institution may maintain full-time instructors, part-time instructors, and visiting lecturers specializing in aviation, with the number of visiting lecturers not exceeding 50% of the total number of specialized aviation instructors at the institution.

2. Standards for specialized aviation instructors

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

b) Meet the professional conditions as prescribed in relevant civil aviation regulatory documents;

c) Hold a professional certificate or have five years of experience working in a field related to the subject being taught.

Article 27. Procedures for issuing a Certificate of Eligibility for Training Institutions for Aviation Personnel

1. Civil aviation training and vocational instruction institutions shall submit one set of application documents directly or through postal services or other appropriate means to the Vietnam Civil Aviation Authority. The application includes the following documents:

a) An application form for a Certificate of Eligibility for Training Institutions for Aviation Personnel according to Form No. 05 prescribed in the Appendix attached to this Decree;

b) Training and vocational instruction programs for civil aviation personnel;

c) List of full-time and part-time instructors along with copies of their diplomas, certificates, and summaries of their work history, and proposals for visiting lecturer teams along with copies of agreements between the institution and those lecturers or their managing units;

d) Report on physical facilities: classrooms, equipment, and practice sites suitable for the training content;

đ) Report on curricula, textbooks, and theoretical and practical training materials related to each subject;

e) Report on organizational structure, management staff, and management documentation systems for civil aviation personnel training and vocational instruction.

2. Within thirty days from the date of receipt of complete applications, the Vietnam Civil Aviation Authority will review the applications, conduct on-site inspections and evaluations; request applicants to provide additional explanations and corrections to the documents; issue a Certificate of Eligibility for Civil Aviation Personnel Training and Vocational Instruction to the applicant institution according to Model No. 07 attached to this Decree, and in case of refusal, specify the reasons.

Article 28. Reissuance of Certificates of Eligibility for Training Institutions for Aviation Personnel Business Skills

1. The certificate will be reissued in cases of loss, damage, or changes in the content of the certificate.

2. The application for reissue includes:

a) An application form according to Form No. 06 prescribed in the Appendix attached to this Decree;

b) Relevant documents concerning changes in the content of the certificate (if applicable).

3. In cases where a certificate needs to be reissued due to loss, damage, or deterioration: Within three working days from the date of receipt of complete applications, the Vietnam Civil Aviation Authority will reissue the certificate or notify the refusal to reissue it in writing, specifying the reasons.

4. In cases where the content of the certificate needs to be amended or supplemented: Within twenty days from the date of receipt of complete applications, the Vietnam Civil Aviation Authority will review the applications, conduct on-site inspections and evaluations; request applicants to provide additional explanations and corrections to the documents; reissue the certificate or notify the refusal to reissue it in writing, specifying the reasons.

Article 29. Revocation of Training and Vocational Staff Aviation Business License

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

a) Ceasing operations in accordance with the provisions of the law or at the request of the training and vocational staff aviation business facility;

b) Intentionally falsifying information in the application dossier for the license;

c) Operating contrary to the purpose or not in accordance with the contents recorded in the license;

d) Intentionally violating regulations on ensuring aviation security and safety;

đ) Failing to maintain the conditions stipulated in the issued license;

e) The license being erased or altered.

2. In the event of cancellation of the certificate, the Vietnam Civil Aviation Authority will issue a decision to cancel the certificate; the civil aviation training and vocational instruction institution must immediately cease its business of providing training and vocational instruction services in accordance with the decision of the Vietnam Civil Aviation Authority.

Chapter VIII
IMPLEMENTING PROVISIONS

Article 30. Responsibilities of Enterprises Engaged in Conditional Businesses in the Civil Aviation Sector

1. Operating in accordance with the purposes and contents recorded in the permit or certificate issued by the competent authority.

2. Maintaining the conditions for obtaining permits or certificates as prescribed in this Decree.

3. Adhering to operational conditions as stipulated by civil aviation laws.

4. For businesses operating under conditional licensing, they must meet the minimum capital requirements and annually submit audited financial reports to the Vietnam Civil Aviation Authority for monitoring compliance with the minimum capital requirements as stipulated in this Decree.

Article 31. Effective Date of Implementation

1. This Decree takes effect from July 1, 2016.

2. This Decree abolishes:

a) Articles 5 to 19 of Decree No. 30/2013/NĐ-CP dated April 8, 2013 of the Government on air cargo transportation business and general aviation activities;

b) Articles 36, 37, Clause 1 of Article 38, Clauses 1 and 2 of Article 39 of Decree No. 102/2015/NĐ-CP dated October 20, 2015 of the Government on management and operation of civil airports.

3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central city, organizations, individuals related shall be responsible for implementing this Decree./

 

 

ANNEX

(Attached to Decree No. 92/2016/NĐ-CP dated July 1, 2016 of the Government

 

Form No. 01

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

 

APPLICATION FOR ISSUANCE AND REISSUANCE
Air Transport Business License/
Common Air Business License

Respectfully submitted to: …(Name of the Competent Authority or Issuing Agency)

I am: (write full name in capital letters) …Male/Female: …

Position: …

Date of Birth: …/…/…Ethnicity: …Nationality: …

Identity Card (Citizen Identification Card) or Passport number: …
Date of Issue:…/…/…Issuing Authority: …

Permanent residence registration place: …

Current address: …

Telephone: …Fax: …Email: …Website: …

Legal Representative of the company: …

Business Registration Number:...

Request for issuance or reissuance of Air Cargo Transportation Business Permit / Airline Business Permit for commercial purposes with the following content:

1. Enterprise Name: ...

Company Name in Foreign Language: …

Abbreviated Company Name: …

Trade Name: …

FRAME NUMBER: …

2. Main office address:

Telephone: …Fax: …Email: …Website: …

Enterprise Registration Certificate number: …

Issued by: …on…day…month…year…at …

3. Business Sectors:

4. Registered Capital: …

Total: …

- Each member's contribution amount is listed in the list of members.

5. Minimum Capital: …

6. Branch Name and Address: …

7. Representative Office Name and Address: …

8. Business Location Name and Address: …

We and the members commit to:

- Not falling under the provisions of Clause 2 Article 18 of the Enterprise Law;

- The main office is legally owned/used by the company;

- Fully responsible before the law for the legality, accuracy, and truthfulness of the content of the application for the license.

...................................................................................................................................

...................................................................................................................................

 

Attached with the application form:
- ........................;
- ........................;
- .........................

 

Form No. 02

 

AIR TRANSPORT BUSINESS LICENSE/
COMMON AIR BUSINESS LICENSE

No.: …

Date of Issue: …

First Reissue Date: …

Second Reissue Date: …

1. Enterprise Name: ...

2.Company Name in Foreign Language: …

3. Abbreviated Company Name: …

4. Trade Name: …

5. Main Office Location: …

6. Enterprise Registration Certificate Number and Date of Issue: …

7. Scope of business

7.1. For air cargo transportation business, including:

a) Transport objects (passengers, goods, parcels):

b) Type of Transportation (regular, non-regular): …

c) Scope of Transportation (international, domestic): …

7.2. For commercial common air services business

a) Type of Common Air Services: …

b) Area Providing Common Air Services: …

8. Registered capital:

a) Total: …; with or without foreign capital: …

b) Owner; List of Members, Founding Shareholders and each Member's Contribution Amount for Partnership Companies, Limited Liability Companies, Joint Stock Companies: …

9. Branch Name and Address: …

10. Representative Office Name and Address: …

11. Full name, date of birth, nationality, citizen identification number (citizen ID card) or passport number, place of residence of the legal representative of the enterprise:...

.........................................................................................................................................

¹........................................................................................................................................

.........................................................................................................................................

 

_______________

¹ Note: In case of reissuing due to loss, damage, or tearing, it must be noted: "This certificate replaces the previously issued certificate number...on...day...month...year..."

 

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

 

APPLICATION FOR ISSUING AND REISSUING AIR TRANSPORT SERVICE BUSINESS LICENSE AT AIRPORTS

Respectfully submitted to: Civil Aviation Authority of Vietnam.

Based on ...

Based on ...

Company…requests the Civil Aviation Administration of Vietnam to issue/reissue the Air Transport Service Business License at airports (airports)…

Specific information as follows:

1. Full name of organization or individual according to business registration certificate or legal entity identification document (including abbreviated name and international trade name).

2. Enterprise code:

3. Main office address:

4. Contact address: (name of responsible person, postal address, email address, phone number, fax).

5. Legal Representative's Full Name (for organizations).

6. Information of Legal Representative (full name, gender, ethnicity, identity card number, issuing authority, date of issue).

7. Type of enterprise: (limited liability company, joint-stock company...).

8. Content of Request¹: clearly state the request content and accompanying information based on the specific request content (see notes)./

 

_______________

¹ Note: For requests for issuance of business licenses for providing air services at airports: name and address of the applicant; type of service provided/service location; scale of service provision.

 

Form number 04

Form number 05

 

PETITION FOR APPLICATION
ISSUE CERTIFICATE, RECOGNIZE QUALIFIED TRAINING AND SKILL ASSESSMENT ORGANIZATIONS FOR AVIATION STAFF

Respectfully submitted to: Civil Aviation Authority of Vietnam.

Institution Name (written in capital letters, name on Establishment Permit/Business Registration Certificate): …

.........................................................................................................................................

Abbreviated Institution Name (if any): …

Main Office Address (address on Establishment Permit/Business Registration Certificate): …

Establishment Permit/Business Registration Certificate number: …

Issued by: …on …day…month…year …at …

Email:...Website (if any):...

Registered Capital: …Bank Account Number: …At Bank: …

Telephone: …Fax: …Email: …Website (if any):…

Legal representative

Full Name: …Position: …Nationality: …

Request the Civil Aviation Authority of Vietnam to issue the Certificate of Qualified Training and Skill Development Institute for Airline Staff (section for institutions subordinate to legal entities)

- Training and Skill Assessment Institution Name: …

- Training and Skill Assessment Institution Address or Branch Address (if any):

+ Institution 1: …+ Institution 2: …

established pursuant to Decision No. …, dated…of …

- Telephone: …Fax: …E-mail: …

- Scope of Training and Skill Assessment: …

- Scale of Training and Skill Assessment: …

We commit:

We are fully responsible for the truthfulness and accuracy of the content of the application document and attached files, and strictly comply with all relevant laws of Vietnam regarding general activities and the scope of activities specified in the Certificate of Qualified Training and Skill Assessment Organizations for Aviation Staff./.

 

 

Form number 06

 

PETITION FOR APPLICATION

REISSUE CERTIFICATE OF QUALIFIED TRAINING AND SKILL DEVELOPMENT INSTITUTE FOR AIRLINE STAFF

Respectfully submitted to: Civil Aviation Authority of Vietnam.

Institution Name (written in capital letters, name on Establishment Permit/Business Registration Certificate): …

.........................................................................................................................................

Abbreviated Institution Name (if any): …

Main Office Address (address on Establishment Permit/Business Registration Certificate):…

Telephone: …Fax: …Email: …Website (if any)…

Legal Representative: …

Full Name: …Position: …

Summary of the trader's business activities:

Request the Civil Aviation Administration of Vietnam to reissue/amend/update the content of the Certificate of Qualified Training and Skill Assessment Organizations for Aviation Staff (Section for institutions subordinate to legal entities)

- Training and Skill Assessment Institution Name: …

- Certificate Number Issued: …date …place of issue …

- Reason for Reissuing: …

We commit to strictly comply with all relevant laws of Vietnam regarding general activities and the scope of activities specified in the Certificate of Qualified Training and Skill Assessment Organizations for Aviation Staff.

 

 

Form No. 07

 

CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY

 INSTITUTION QUALIFIED FOR TRAINING AND SKILL ASSESSMENT
AIRCRAFT PERSONNEL

CERTIFICATE
OF COMPETENCE TO PROVIDE PROFESSIONAL TRAINING
FOR AVIATION PERSONNEL

DIRECTOR GENERAL OF THE VIETNAM CIVIL AVIATION ADMINISTRATION
CERTIFICATE

DIRECTOR GENERAL OF CIVIL AVIATION AUTHORITY OF VIETNAM
CERTIFIES THAT

Name of Training Organization ................................

Meets the requirements for providing professional training and skill assessment for aviation staff as stipulated in
.....................................................................................................................................
with (the) positions: …

Training/Language Proficiency Assessment Organization .....................

Is qualified to provide professional training for aviation personnel in accordance with
................................................................................................................................
for the following position(s):…

 

Hanoi, day   month    year 20...
Ha Noi, day    month     year 20...