Circular 09/2020/TT-BGTVT amending Circular 19/2017/TT-BGTVT

CIRCULAR

On amending and supplementing a number of Articles of the Minister of Transport s Circular No. 19/2017/TT-BGTVT dated June 06, 2017 on providing regulations on management and assurance of flight operations

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Pursuant to the Law on Vietnam civil aviation dated June 29, 2006 and the Law on amending and supplementing a number of Articles of the Law on Vietnam civil aviation dated November 21, 2014;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 20, 2017 on defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government s Decree No. 125/2015/ND-CP dated December 04, 2015 on detailing the management of flight operations;

At the proposal of the Director of the Department of Transportation and the Director General of the Civil Aviation Authority of Vietnam;

The Minister of Transport hereby promulgates the Circular on amending and supplementing a number of Articles of the Minister of Transport s Circular No. 19/2017/TT-BGTVT dated June 06, 2017 on providing regulations on management and assurance of flight operations.

Article 1. To amend and supplement a number of Articles of the Minister of Transport s Circular No. 19/2017/TT-BGTVT dated June 06, 2017 on providing regulations on management and assurance of flight activities

1. To amend and supplement Article 2 as follows:

“Article 2. Subjects of application

1. This Circular applies to organizations and individuals related to the management and assurance of flight operations in Vietnam and within the flight information region managed by Vietnam.

2. This Circular does not apply to organizations and individuals concerned with the management of flight operations outside the air traffic service establishment and special flight operations.”.

2. To amend and supplement Clauses 46, 47, 63 and 64, Article 3 and add Clause 75 to Article 3 as follows:

a) To amend and supplement Clause 46, Article 3 as follows:

“46. METAR: Routine aerodrome meteorological report.”.

b) To amend and supplement Clause 47, Article 3 as follows:

“47. MET REPORT: Local routine aerodrome meteorological report.”.

c) To amend and supplement Clause 63, Article 3 as follows:

“63. SPECI: Special aerodrome meteorological report.”.

d) To amend and supplement Clause 64, Article 3 as follows:

“64. SPECIAL: Local special aerodrome meteorological report.”.

dd) To amend and supplement Clause 75, Article 3 as follows:

“75. PAPI: Precision approach path indicator.”.

3. To amend and supplement Clauses 13, 29, 38, 52 and 87; to add Clause 99, Article 4 as follows:

a) To amend and supplement Clause 13, Article 4 as follows:

“13. Data set is a collection of identifiable data.”.

b) To amend Clause 29, Article 4 as follows:

"29. Airport Control Service is a flight control service provided for the whole airport operations.”.

c) To amend Clause 38, Article 4 as follows:

"38. The airport control station is the flight control facility that provides flight control services for airport operations.”.

d) To amend and supplement Clause 52, Article 4 as follows:

"52. Airport operations mean all activities in the moving area at the airport and all flight activities in the airspace of the airport.”.

dd) To amend and supplement Clause 87, Article 4 as follows:

“87. Aeronautical information products mean  aviation data and aeronautical information which is provided in the form of standardized digital data sets or in paper or electronic versions, including:

a) AIP (AIP amendments and AIP supplement sets);

b) AIC;

c) Aeronautical maps;

d) NOTAM;

dd) Digital data set.”.

e) To add Clause 99, Article 4 as follows:

“99. The ICAO Annexes mean the appendices of the 1944 Convention on International Civil Aviation.”.

4. To amend Clause 3, Article 11 as follows:

“3. In addition to the provisions specified in Clause 2 of this Article, the flight crew must abide by one of the following rules:

a) VFR;

b) IFR.”.

5. To amend and supplement Clause 1, Article 17 as follow:

“1. Air traffic control staff comprises:

a) Air traffic controllers at the airport, approach, long distance;

b) Flight clearance staff;

c) Notification and flight companion officer;

d) ATFM staff;

dd) Signaling officers;

e) The operator of air-to-ground shortwave communications (HF A/G);

g) Head of the air traffic crew (at locations specified in Appendix XI attached to this Circular);

h) Flight planning procedure assistants;

i) Air traffic coach, ATFM coach.”.

6. To amend and supplement Clauses 2 and 5, Article 24 as follows:

a) To amend and supplement Clause 2, Article 24 as follow:

“2. The lowest safe altitude on the flight path is calculated from the highest point of the terrain and man-made obstacles within 25 km of protection on each side of ATS route, within the protection range prescribed by each guide type of RNAV/RNP as follows:

a) At least 300 m for plain, midland and water terrain;

b) At least 600 m for mountainous terrain.”.

b) To amend and supplement Clause 5, Article 24 as follows:

“5. For two flight procedures that use two navigation devices not more than 09 km apart, the lowest safe altitude for each zone selected is a higher value.”.

7. To amend Article 47 as follows:

“Article 47. Details of air traffic control service, flight notices, alarms, contact information assurance and information delivery to ATS facilities

Detailed provisions on air traffic control service, flight notices, alarms, contact information assurance and information delivery to ATS facilities shall comply with the ICAO Annex 11 on ATS.”.

8. To amend Clause 2, Article 48 as follows:

“2. AIS comprises the following services;

a) NOTAM;

b) Airport AIS;

c) AIP.”.

9. To amend Clause 1, Article 49 as follows:

“1. AIS facilities include:

a) NOTAM room;

b) Airport AIS facilities;

c) AIP room.”.

10. To amend and supplement Clauses 1 and 2, Article 50 as follows:

a) To amend and supplement Clause 1, Article 50 as follows:

“1. AIS staff comprises:

a) Airport AIS staff;

b) NOTAM staff;

c) AIP staff;

d) NOTAM captain;

dd) Airport AIS captain;

e) Employee operating, maintaining automatic AIS/AIM system;

g) AIS coach.”.

b) To amend and supplement Clause 2, Article 50 as follows:

“2. AIS staff as prescribed in Points a, b, c, d, dd and e, Clause 1 of this Article performing duty of AIS provision must have a valid license and rating. An enterprise providing aeronautical information service must arrange enough AIS staff with valid licenses, ratings and suitable to their positions.”.

11. To amend and supplement Article 55 as follows:

“Article 55. Content of aviation data and aviation information; check and confirm aviation data and aviation information:

1. Content of aviation data and aviation information include:

a) Processes and legal provisions;

b) Airports and heliports;

c) Airspace;

d) ATS flight path;

d) Flight procedures by a device;

e) Radio navigation systems and equipment;

g) Obstacles;

h) Terrain;

i) Geographic information.

2. Digital data set includes:

a) AIP data set;

b) Data set on terrain;

c) Data set on obstacles;

d) Airport mapping data set;

dd) Data set of flight procedures by the equipment.

3. Detecting data errors

Digital data error detection techniques must be used by AIS facilities during the transmission, archiving of aviation data and digital data sets.

4. Inspection and confirmation of aviation data and aviation information

a) Documents for formulating and publishing aeronautical information products must be carefully inspected by agencies and units related to the provision of aviation data and information before being sent to the AIS facility to ensure completeness and accuracy.

b) The AIS facility must formulate inspection and confirmation processes to ensure that users receive aviation data and information that meet the requirements for quality, accuracy, resolution, and integrity, traceability, timeliness, completeness and data format.”.

12. To amend and supplement Clauses 12 and 20, Article 60 as follows:

a) To amend and supplement Clause 12, Article 60 as follows:

“12. There are dangers affecting flight operations including obstacles, drills, demonstration flying, sports flying, fireworks, releasing sky lanterns, rocket debris and large-scale skydiving outside announced area; laser emission plan, laser projection and searchlights if the driver s night vision is likely to be impaired.".

b) To amend and supplement Clause 20, Article 60 as follows:

“20. Observe or forecast weather phenomena in space, the date and time of occurrence, flight levels and airspace may be affected.”.

13. To amend and supplement Points a and b, Clause 2, Article 62 as follows:

“a) Military activities outside the no-fly zone, dangerous and restricted flight areas announced in the AIP Vietnam;”.

“b) Activities in the no-fly zone, dangerous and restricted flight areas not in compliance with the regulations announced in the AIP Vietnam;”.

14. To amend and supplement Article 65 as follows:

“Article 65. Repetition of NOTAM

When the AIS facility releases an AIP amendment or an AIP supplement on the AIRAC cycle, a NOTAM repetition must be issued stating a summary of the content, the effective date, and the number of AIP amendments or the number of AIP supplements per AIRAC cycle.”.

15. To amend and supplement Clause 3, Article 66 as follow:

“3.Detailed provision regarding AIP shall comply with ICAO Annex 15 on AIS.”

16. To add Clauses 3 and 4, Article 68 as follows:

“3. Agencies and units must strictly comply with the provision of aviation data and information, formulation and publishing of Vietnam AIP supplements according to the AIRAC cycle for cases as prescribed in Article 70.

4. In emergency cases or those that do not require releasing information according to the AIRAC cycle, the release of the AIP supplement is prescribed as follows:

a) Agencies and units must send documents related to the announced content to the Civil Aviation Authority of Vietnam at least 28 days before the date on which the information takes effect;

b) The AIS facility shall make a draft of normal AIP supplement for enterprise to provide AIS to the Civil Aviation Authority of Vietnam at least 14 days before the effective date of the information.”.

17. To amend and supplement Article 70 as follows:

“Article 70. Cases of information release on the AIRAC cycle and regulations on information release on the AIRAC cycle

1. Cases of information release on the AIRAC cycle

The information released on the AIRAC cycle shall be carried out in case of establishment, cancellation, or significant changes in:

a) Limitation, FIR operating procedure, control area and control airspace; air traffic advisory area; ATS flight path; no-fly zone, danger zone, restricted flight area and air defense identification zone (ADIZ): areas, flight paths or parts of regions and flight paths likely to occur intercept;

b) Location, frequency, name, known abnormal phenomena, maintenance cycle of systems, navigation equipment of radio, communications and supervision;

c) Holding procedure, approach procedure, SID, STAR, noise reduction procedure and other air traffic procedures;

d) Transition level, transition altitude, minimum en-route altitude by subdivision;

dd) Meteorological equipment, method of exploitation;

e) Runways and stops, taxiways, apron;

g) Operational plan on the airport operating area (including exploitation plan in low visibility conditions);

h) Access lights, landing lights;

i) Minimum airport exploitation standards for takeoff and landing.

2. The detailed provision regarding the information on the AIRAC cycle shall comply with ICAO Annex 15 on AIS."

18. To amend and supplement Section 7 and Article 75 as follows:

a) To amend the title of Section 7 as follows:

“Section 7.AERONAUTICAL INFORMATION SERVICE AT THE AIRPORT.”.

b) To amend and supplement Article 75 as follows:

“Article 75. Provision of aeronautical information service at the airport

1. The airport AIS facility shall be responsible for providing airport AIS.

2. The airport AIS facility is established depending on the following factors: Number, type of exploitation, operating range of aircraft going to and from airports.

3. The airport AIS facility shall be located in a favorable position, with signage to enable the crew to have time to do procedures before and after the flight.

4. The airport AIS facility must establish and maintain regular contact with representatives of the relevant airlines to prepare and provide pre-flight information in accordance with the requirements of the user.

5. The airport AIS facility shall be responsible for the quality and timeliness of aeronautical information in the case of using an automatic PIB delivery system.”.

19. To amend and supplement Clause 2, Article 76 as follows:

“2. The PIB is prepared, printed, provided to the flight crew, airline dispatch staff or flight planning procedure assistants 03 hours in advance to the scheduled departure time for international flights and 02 hours in advance to the scheduled departure time for domestic flights.”.

20. To amend and supplement Clauses 1 and 3, Article 77 as follows:

a) To amend and supplement Clause 1, Article 77 as follows:

“1. The PIB is made into 02 copies (in the paper form or electronic form): 0 copy shall be kept by the flight crew, airline dispatch staff or flight planning procedure assistants and 01 copy to be saved.”.

b) To amend and supplement Clause 3, Article 77 as follows:

“3. The flight crew, airline dispatch staff or flight planning procedure assistants shall provide consultancy and presentation of the contents of the PIB themselves to meet the requirements of ensuring the technical equipment system. When giving advice, giving presentations, if there is information that needs clarification or needs to be provided with details, the flight crew, airline dispatch staff or flight planning procedure assistants shall request airport AIS staff for support.".

21. To amend and supplement Article 78 as follows:

“Article 78. Updating PIB

1. Upon completion of the PIB, the airport AIS facility must monitor the newly received NOTAM which directly related to the flight to immediately update into the PIB.

2. In case the flight crew has received the PIB, if any important unexpected information relating to the flight is received, it shall be immediately notified to the flight crew through the flight control facility, the relevant airline dispatch staff or flight planning procedure assistants concerned or directly update to the flight crew in the condition of automatic system, equipment and network system meet the operational requirements.”.

22. To amend and supplement Clause 2, Article 79 as follows:

“2. In case the flight crew has any information to be reported in writing after the flight, the airport AIS facility shall guide the flight crew to implement.”.

23. To amend Article 80 as follows:

“Article 80. Handling information after the flight

1. Upon receipt of a written notification or telephone after the flight of the flight crew or flight operator about information not yet disseminated by NOTAM, AIP, AIC or AIP supplements that may affect to flight operations, the airport AIS facility must immediately notify concerned agencies and units for inspection and handling.

2. In case the notification after flight of the flight crew or flight operator is confirmed as correct, the airport AIS facility must:

a) To immediately notify the relevant ATS facilities for warning or directly alert other flight crews;

b) To prepare the draft NOTAM and send to the NOTAM office;

c) To immediately notify to facilities related to the above-mentioned information.

3. In case, the notification after flight of the flight crew or flight operator is confirmed as incorrect, the airport AIS facility must notify it to the flight crew or the representative of the flight operator who had sent the notification after flight.”.

24. To amend and supplement Clause 1, Article 81 as follows:

“l. Receiving and sending aeronautical information shall be carried out through the automatic AIS/AIM system, the semi-automatic NOTAM system, the AFTN or AMHS, tax, postal service, telephone recording in the flight operation guarantee system when it is required to notify immediately in case of emergency, then be reconfirmed in writing, email.”.

25. To amend and supplement Article 82 as follows:

“Article 82. Details about the AIS

Detailed provisions on the AIS shall comply with ICAO Annex 15 on AIS.”

26. To amend and supplement Point a, Clause 2, Article 95 as follows:

"a) To immediately notify the flight control facility directly related to the abnormal status of CNS services: In this case, immediately after the aircraft has landed, the aircraft commander must notify the airport AIS facility according to Chapter IV of this Circular;”.

27. To amend and supplement Clause 1, Article 97 as follows:

“1. The CNS system and equipment under test must meet technical requirements under ICAO Annex 10 on aviation telecommunications.”.

28. To amend and supplement Clauses 1 and 2, Article 103 as follows:

a) To amend and supplement Clause 1, Article 103 as follow:

“1. CNS staff comprises:

a) Employee operating, maintaining the CNS system and equipment;

b) CNS captain;

c) CNS coach.”.

b) To amend Clause 2, Article 103 as follows:

“2. CNS staff specified in Points a and b, Clause 1 of this Article must have a valid license and rating when performing duty.”.

29. To amend and supplement Article 110 as follows:

“Article 110. Details about the CNS

Detailed provisions on the CNS shall comply with ICAO Annex 10 on aviation telecommunications.”

30. To amend and supplement Article 120 as follows:

“Article 120. Weather forecast for landing (TREND)

1. The airport meteorological facility shall coordinate with the airport meteorological observatory in preparing and issuing a TREND for airports in the area of its responsibility.

2. The airport meteorological observatory shall be responsible for coordinating with the airport meteorological facility as prescribed in Clause 1 of this Article to ensure the quality of the TREND forecast information.

3. A TREND shall be reported with the airport weather monitoring and be valid for 02 hours from the time of reporting. The detailed provision regarding TREND shall comply with ICAO Annex 3 on aeronautical meteorology.”.

31. To amend and supplement Article 121 as follows:

“Article 121. Meteorological forecast for takeoff

1. The airport meteorological facility shall prepare and provide a meteorological forecast for aircraft taking off from an airport in an area of responsibility under an agreement between the airport meteorological facility and aircraft operator.

2.The airport meteorological observatory shall coordinate with the airport meteorological facility as prescribed in Clause 1 of this Article in receiving and providing for the flight crew and airline dispatch staff or flight planning procedure assistants upon request.”.

32. To amend and supplement Clause 3; to repeal Clause 4, Article 132 as follows:

a) To amend and supplement Clause 3, Article 132 as follows:

“3.Procedures for providing and receiving meteorological information for the flight shall be performed among aeronautical meteorologists and crew members, airline dispatch staff or flight planning procedure assistants.”.

b) To repeal Clause 4, Article 132.

33. To amend and supplement Clause 1, Article 133 as follows:

“1. In order to have the facility to prepare the necessary meteorological data for each flight, the flight check-in office shall inform the MET facility at the airport about detailed information on the flight plans:

a) For regular flights: To notify determined seasonal flight schedules; when there is any change in plan, such change shall be notified at least 12 hours before the scheduled flight departure time;

a) For non-routine flight: The flight plan shall be notified immediately after being received.”.

34. To amend and supplement Points d, Clause 1; Clause 2; Points b and c, Clause 3 and Clause 4, Article 134 as follows:

a) To amend and supplement Point d, Clause 1, Article 134 as follows:

“d) SIGMET notices, notices on volcanic ash clouds, storms or tropical depressions related to the entire flight.”.

b) To amend and supplement Clause 2, Article 134 as follows:

“2. Provision of meteorological records:

a) For the international flight, the meteorological records shall be prepared and provided to the flight crew, airline dispatch staff or flight planning procedure assistants 03 hours prior to the scheduled departure time;

b) For the domestic flight, the meteorological records shall be prepared and provided to the flight crew, airline dispatch staff or flight planning procedure assistants 02 hours prior to the scheduled departure time;

c) In case the flight crew, airline dispatch staff or flight planning procedure assistants need meteorological information for one or much specific flight earlier than the above time, they must notify relevant MET facility know 12 hours ahead of the scheduled departure time.”.

c) To amend and supplement Points b and c, Clause 3, Article 134 as follows:

“b) In case the flight crew has received the meteorological records but the flight is delayed by more than 03 hours in comparison with the original plan, the flight crew, the airline dispatch staff or flight planning procedure assistants shall re-perform the procedures for receiving aeronautically meteorological services to be updated with the latest information;

c) In case the flight crew has completed the procedures for receiving aeronautically meteorological services but the aircraft has not yet departed, if the newly received information is different from the information provided previously, the on-site meteorological staff will promptly notify the flight crew through the airport control station, the airline dispatch staff or the flight planning procedure assistants.”.

d) To amend and supplement Clause 4, Article 134 as follows:

“4. Meteorological records must be stored in hard copy or in PDF files for at least 30 days from the date of issuance. Such information shall be provided upon request for the investigation and shall be kept until the completion of the investigation.”.

35. To amend and supplement Clause 1, Article 140 as follow:

“1. The Civil Aviation Authority of Vietnam shall inspect and supervise the provision of aeronautically meteorological services of enterprises providing and using aeronautically meteorological services; the use of aeronautically meteorological services of the flight crew, the airline dispatch staff or flight planning procedure assistants.”.

36. To amend and supplement Article 142 as follows:

“Article 142. Details about the aeronautical meteorology

Detailed provisions on the aeronautical meteorology shall comply with ICAO Annex 3 on aeronautical meteorology.”.

37. To amend and supplement Clauses 2 and 3, Article 155 as follows:

“2. Maneuvers of operation of civil aviation search and rescue mechanism

a) Annually, an enterprise providing civil aviation search and rescue services shall prepare a plan and organize implementation to inspect and operate the mechanism of advising, commanding and coordinating in searching and rescuing for situations where the aircraft is in danger, in jeopardy in the area of responsibility for search and rescue with relevant agencies and units.

b) The unit shall ensure funding for this type of maneuvers by funding for annual training.

3. Maneuvers of civil aviation search and rescue

a) Biennially, the Civil Aviation Authority of Vietnam shall coordinate with enterprises providing civil aviation search and rescue services in preparing plans and organizing the implementation in order to inspect and operate the mechanism of advising, commanding, coordinating and mobilizing forces and means for search and rescue for situations assuming aircraft in jeopardy in the area of civil aviation search and rescue responsibility of Vietnam.

b) Funding for the type of maneuvers includes the budget and the amount of money provided by aviation enterprises to ensure that their vehicles, equipment and forces participate in the maneuvers, except for fuel costs and support for forces participating in training, rehearsals and maneuvers.”.

38. To amend and supplement Article 165 as follows:

“Article 165. Details about the civil aviation search and rescue

Detailed provisions on the civil aviation search and rescue shall comply with ICAO Annex 12 on search and rescue.”.

39. To amend and supplement Point k, Clause 1, Article 170 as follows:

“k) To formulate the draft of CDM agreement on the flight path: To request for amendment and supplement of the CDM agreement according to the actual needs and requirements.”.

40. To amend and supplement Clause 3, Article 190 as follow:

"3. The traditional procedure must be reviewed and assess periodically every 05 years from the time the issued flight procedures take effect.The irregularly review and assessment of flight procedures shall be decided by the Civil Aviation Authority of Vietnam according to the actual exploitation requirement.”.

41. To amend and supplement Article 193 as follows:

“Article 193. Cases of flight evaluation of instrument flight procedures and the cycle of flight evaluation

1. Flight procedures of communication and new, modified PBN subject to flight evaluation:

a) Approach procedure by new equipment before putting into operation;

b) Approach procedure by modified equipment which has a change in design standards;

c) New SID and STAR in an area with complex terrain determined by the Civil Aviation Authority of Vietnam.

2. The applicable PBN flight procedures must subject to periodical flight evaluation with the following cycle:

a) For the approach procedure: Twice a year;

b) For the SID and STAR in an area with complex terrain: Once every three years;

c) For other SID and STAR: Once every five years.”.

42. To amend and supplement Article 220 as follows:

“Article 220. Details about aeronautical maps and charts

Detailed provisions on the aeronautical maps and charts shall comply with ICAO Annex 4 on aeronautical charts.”.

43. To amend and supplement Clause 2, Article 230 as follows:

“2. The special approach procedure shall be evaluated on the flight simulator training system.”.

44. To amend and supplement Clause 1, Article 263 as follows:

"1. Supervisors of flight safety under the Civil Aviation Authority of Vietnam and Airport Authority shall be granted a supervisor card by the Civil Aviation Authority of Vietnam to perform their tasks, including one or more of the following specific fields:

a) Management of flight operations (AN);

b) ATM;

c) CNS;

d) Aeronautical meteorology (MET);

dd) Aeronautical information notification (AIS)

e) Search and rescue of civil aviation (SAR);

g) Flight procedures (PANS-OPS);

h) Aeronautical maps and charts (MAP/CHART); aeronautical data.”.

45. To amend and supplement Article 268 as follows:

“Article 268. Navigation and monitoring systems and equipment subject to periodical flight check and calibration

Navigation and monitoring systems and equipment subject to periodical flight check and calibration including VOR, NDB, GP, LLZ, maker beacons, DME, airport signal lights, GBAS, PSR system, SSR system and  ADS-B system".

46. To amend and supplement Clauses 1 and 2, Article 269 as follows:

“1. Navigation and monitoring systems and equipment subject to flight check and calibration before acceptant;

a) VOR;

b) NDB;

c) GP;

d) LLZ;

dd) Marker beacons;

e) DME;

g) Airport signal lights;

h) GBAS;

i) PSR system;

i) SSR system;

l) ADS-B system.

2. Navigation and monitoring systems and equipment must be flown for inspection, calibration and acceptance after changing the antenna, major repairs related to the antenna s emission, and the official conclusion that the related system and equipment is the cause of aircraft accident. The flight inspection and calibration shall be made in accordance with the ICAO guidance on inspection and calibration.”

47. To amend and supplement Article 278 as follows:

“Article 278. Flight time of periodical inspection, calibration of navigation and monitoring systems and equipment

Navigation and monitoring systems and equipment must be periodically checked and calibrated as follows:

1. ILS (CAT.1, 2), GBAS (CAT.1, 2): Once every 06 months;

2. NDB, VOR and airport signal lights: Once every 12 months;

3. DME, PAPI: at regular intervals corresponding to the related ILS and VOR equipment installed together;

4. PSR, SSR, ADS-B: Every 01 years to check the special monitoring codes, once every 03 years to assess the coverage and quality of the equipment system.”.

48. To amend and supplement Article 279 as follows:

“Article 279. Adjusting the flight time of periodical inspection, calibration of navigation systems and equipment

In case the VOR/DME, NDB navigation systems and equipment have 04 periodical flight checks and calibration without the need to adjust the transmitter and the tolerance is still within the allowed tolerance and there is a good correlation between ground inspection record data and calibration and flight record data, the Civil Aviation Authority of Vietnam shall consider extending the inspection and calibration flight time by an additional 12 months.”.

49. To add Clause 3, Article 297 as follows:

“3. Test flight and periodic calibration is performed to evaluate the quality and actual coverage of PSR/SSR for the flight control.”.

50. To amend and supplement Point b, Clause 3 and Point b, Clause 4, Article 336 as follows:

a) To amend and supplement Point b, Clause 3, Article 336 as follows:

“b) There is a written record on the pre-acceptance test of the completed work and put it into use;”.

ba) To amend and supplement Point b, Clause 4, Article 336 as follows:

“b) There is a written record on the pre-acceptance test of the completed work and put it into use;”.

51. To amend Point a, Clause 1; add Points d and dd, Clause2; amend and supplement Points c and d, Clause 3 and Point d, Clause 4, Article 339 as follows:

a) To amend Point a, Clause 1, Article 339 as follows:

"a) Being a Vietnamese citizen who is 21 years of age or older, has no criminal record or serving a criminal sentence or is being examined for penal liability. For ATFM employees, they must have at least 05 years of flight control or flight management experience, flight notification or have the university or college degree in air traffic or flight management;”.

b) To add Points d and dd, Clause 2, Article 339 as follows:

“d) Instructors of other majors (except for flying aircraft signals trainer) must have TOEIC 550 or equivalent or English proficiency level 3 from 2021.

dd) The certificate of English proficiency of flight assurance staff is valid for three years for level 3 and level 4, six years for level 5 and has no validity period for level 6.”.

c) To amend and supplement Points c and dd, Clause 3, Article 339 as follows:

“c) 06 months for the flight clearance staff (particularly for employees who have been qualified for air traffic controllers to practice training in flight procedures, the applicable time is 02 months for domestic airports); notification and flight companion officer; CNS staff (except for employees as prescribed in Point d of this Clause); AIS staff (particularly for employees who have been qualified for air traffic to practice training in AIS airport, the applicable time is 03 months for domestic airports); aeronautical map, chart and data staff; search and rescue team staff;

d) 03 months for flight signaling officers, flight planning procedure assistants and CNS staff (operation of AFTN/AMHS network; operation and maintenance of air-ground shortwave communication equipment (HF A/G), air-ground very shortwave communication equipment (VHF A/G), voice communication control systems (VCCS), audio recording equipment, NDB, airport signal lights and signage, ADS-B systems) and staff operating and maintaining automatic AIS/AIM system.”.

d) To amend and supplement Point d, Clause 4, Article 339 as follows:

“d) English proficiency shall comply with the provisions of Points a and d, Clause 2 of this Article.”.

52. To amend and supplement Clauses 2 and 3, Article 341 as follows:

a) To amend and supplement Clause 2, Article 341 as follows:

“2. Within 20 days from the date on which the sufficient dossier is received, the Civil Aviation Authority of Vietnam shall appraise it and organize to examine and grant the license and rating for flight assurance staff; In case of refusal to grant a license or rating, the Civil Aviation Authority of Vietnam must send a written reply to a requester and clearly stating the reason.

In case the dossier is incomplete, within 05 working days from the date on which the dossier is received, the Civil Aviation Authority of Vietnam shall guide such organization to complete the dossier as prescribed by law.”.

b) To amend and supplement Clause 3, Article 341 as follow:

“3. A license granted for an employee is valid for 07 years from the date of signing, according to Form No. 03 as prescribed in Appendix IX attached to this Circular. The validity period of an employee rating is prescribed as follows:

a) 24 months for CNS staff (except for the flight inspection and calibration staff; staff of flight evaluation of flight procedures by equipment); notification and flight companion officer; staff operating and maintaining automatic AIS/AIM system; civil aviation search and rescue team staff; flight planning procedure assistants; air traffic coach and ATFM coach;

b) 12 months for other flight assurance staff.”.

53. To amend and supplement Clause 4, Article 342 as follows:

“4. For a license or rating re-granted due to the expiration of licenses or rating: Within 15 working days from the date on which the dossier is received, the Civil Aviation Authority of Vietnam shall appraise the dossier, organize to examine and renew the license and rating for flight assurance staff; in case of refusal, the written reply must be sent to the requester with clear reason.

In case the dossier is incomplete, within 03 working days from the date on which the dossier is received, the Civil Aviation Authority of Vietnam shall guide the enterprise to complete the dossier as prescribed by law.”.

54. To amend and supplement Sections 7.2, 8.1 and 8.5 in Appendix I as follows:

A) To amend Section 7.1 of Appendix I as follows:

“7.2. To complete the flight plan: The flight plan must be completed form the first section to the last section;”.

b) To amend Section 8.1 of Appendix I as follows:

“8.1. The flight crew, the airline dispatch staff or flight planning procedure assistants must submit data pertaining to a flight or part of the intended flight to the relevant ATS facility.”.

c) To amend and supplement Section 8.5 of Appendix I as follows:

“8.5. The aircraft operator shall apply the method of submitting a remote flight plan when the conditions on infrastructure, equipment systems, software for creating and processing air traffic plans are met, ensuring the personnel resources and training, operational manuals, contacts and information security for civil flights except for special flights taking off from airports in Vietnam. The Civil Aviation Authority of Vietnam shall guide in detail the implementation of the method of submitting remote flight plans suitable to the actual operating conditions of Vietnamese airlines, ensuring the safety and efficiency of flight operations.”.

55. To replace the Form No 03 in Appendix IX attached to the Circular No. 19/2017/TT-BGTVR dated June 06, 2017 by the Form No. 01 in the Appendix attached to this Circular.

56. To replace Appendix X attached to the Circular No. 19/2017/TT-BGTVR dated June 06, 2017 by Form No. 02 in the Appendix attached to this Circular.

57. To replace Appendix XI attached to the Circular No. 19/2017/TT-BGTVR dated June 06, 2017 by Form No. 03 in the Appendix attached to this Circular.

Article 2. Effect

This Circular takes effect on June 15, 2020.

Article 3. Responsibility of implementation

The Chief of Ministry Office, the Chief of the Inspectorate, department directors, the Director General of Civil Aviation Authority of Vietnam, and heads of relevant agencies, organizations and individuals shall be responsible for the implementation of this Circular./.

* All Appendices are not translated herein.