Consolidated text No. 23/VBHN-BGTVT on 2019 of the Ministry of Transport on providing conditional business sectors and trades in the field of civil aviation

CONSOLIDATED TEXT - THE MINISTRY OF TRANSPORT

DECREE

Providing conditional business sectors and trades in the field of civil aviation[1]

The Government’s Decree No. 92/2016/ND-CP of July 1, 2016, providing conditional business sectors and trades in the field of civil aviation, is amended and supplemented by:

The Government’s Decree No. 89/2019/ND-CP of November 15, 2019, amending and supplementing a number of articles of the Government’s Decree No. 92/2016/ND-CP of July 1, 2016, providing conditional business sectors and trades in the field of civil aviation, and the Government’s Decree No. 30/2013/ND-CP of April 8, 2013, on air transportation business and general aviation activities, which takes effect on January 1, 2020.

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 29, 2006 Law on Vietnam Civil Aviation and the November 21, 2014 Law Amending and Supplementing a Number of Articles of Law on Vietnam Civil Aviation;

Pursuant to the November 26, 2014 Law on Investment;

At the proposal of the Minister of Transport;

The Government promulgates the Decree providing conditional business sectors and trades in the field of civil aviation.^[2]

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

1. This Decree prescribes conditional business sectors and trades in the field of civil aviation, including:

a/ Air transportation;

b/ Commercial operation of airports and airfields;

c/ Provision of aviation services at airports and airfields;

d/ Provision of aircraft, aircraft engine, aircraft propeller and aircraft equipment designing, manufacturing, maintenance or test services in Vietnam;

dd/ Provision of flight assurance services;

e/ Provision of professional aviation staff training services.

2. This Decree does not apply to special-use airfields.

Article 2.Subjects of application

This Decree applies to organizations and individuals engaged in conditional business sectors and trades in the field of civil aviation in Vietnam.

Article 3.Interpretation of terms

1. Aviation service at airports and airfields means a service directly related to aircraft operation, air transportation and flight activities carried out at airports and airfields.

2. Commercial operation of airports means the operation of airfield infrastructure facilities and other works pertaining to airport infrastructure under the management of airport enterprises for profit-making purpose.

3. Air transportation business covers two business forms of air carriage and general aviation.

a/ Air carriage business means the carriage of passengers, luggage, cargoes and postal parcels by air for profit-making purpose.

b/ General aviation business means general aviation activities for profit-making purpose carried out with aircraft, except for unmanned aircraft and superlight aerial vehicles specified in Article 21 of the Law on Civil Aviation of Vietnam.

Article 4.Certification of capital

1. Capital certification documents are prescribed as follows:

a/ For capital contributions in Vietnam dong and freely convertible foreign currencies: Documents of credit institutions certifying amounts of money of license applicants frozen at such credit institutions. Amounts of money frozen at credit institutions may only be released after applicants are granted licenses or receive notices of refusal to grant licenses;

b/ For capital contributions made in property to directly serve commercial purposes: Price appraisal documents of competent valuation organizations certifying the monetized value of the property at the time of making a dossier of application for a license in accordance with the law on price appraisal;

c/^[3]Enterprises currently operating in conditional business sectors or trades in the field of civil aviation that wish to increase or reduce their capital to meet the requirements on capital upon expansion or narrowing of their business activities, addition or reduction of conditional business sectors or trades as provided in this Decree may use their financial statements of the year preceding the time of request which have been audited with unqualified opinion or bank guarantee documents as capital confirmation documents or audited capital change reports at the time of request.

2. For an enterprise engaged in many business lines specified in this Decree, the applicable minimum capital level is the highest among the capital levels applicable to such business lines.

3. Organizations and individuals that directly certify capital of enterprises shall bear responsibility for the accuracy and truthfulness of data at the time of certification.

Chapter II

AIR TRANSPORTATION BUSINESS

Article 5.Conditions for air transport business^[4]

1. The conditions on plans to ensure availability of aircraft for operation; organizational apparatus, capital, business plan and product development strategy as prescribed in Articles 6, 7, 8 and 9 of this Decree.

2. The provisions of this Chapter do not apply to the provision of professional training and coaching to crew members and coaches.

Article 6.Condition on plans to ensure availability of aircraft for operation^[5]

1. A plan to ensure availability of aircraft for operation must have the following contents:

a/ Number, type and age of aircraft;

b/ Form of possession;

c/ Aircraft operation and maintenance plan and human resources for aircraft operation and maintenance;

2. The minimum number of aircraft required throughout the process of air transport business is 3, for air carriage, or 1, for general aviation business.

Article 7.Conditions on organizational apparatus^[6]

1. Having an organizational apparatus to operate the safety and security management system and carry out aircraft operation and maintenance, flight training and ground services.

2. Persons appointed to take charge of the safety and security management system, aircraft operation and maintenance or flight training must have at least 3 years’ experience in continuous work in the field to which they are appointed and possess certificates or degrees issued or recognized in accordance with the law on civil aviation.

3. For foreign-invested enterprises, the number of foreign members must not exceed one-third of total number of members of the executive apparatus, which is composed of:

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

b/ Chief Accountant;

c/ Persons in charge of the safety management system; aircraft operation; aircraft maintenance; flight crew training; and holders of equivalent positions determined based on the organizational apparatus of enterprises.

Article 8.Conditions on capital^[7]

1. The minimum capital (including equity and loans) required for establishment and maintenance of an air carriage enterprise must be:

a/ VND 300 billion, in case of operation of up to 10 aircraft;

b/ VND 600 billion, in case of operation of between 11 and 30 aircraft;

c/ VND 700 billion, in case of operation over 30 aircraft.

2. The minimum capital required for establishment and maintenance of a general aviation enterprise must be VND 100 billion.

3. A foreign-invested air transport enterprise must meet the following conditions:

a/ Foreign investors’ capital holding rate must not exceed 34% of charter capital;

b/ The biggest share of charter capital must be held by at least one Vietnamese individual or legal person;

c/ In case a foreign-invested Vietnamese legal person contributes capital to the enterprise, the foreign holding rate must not exceed 49% of charter capital of such legal person.

Article 9.Business plan and developmental strategy^[8]

Business plan and developmental strategy of an enterprise must have the following contents:

1. Evaluation of demand and development trend of the market.

2. Evaluation of actual state and competitiveness of services provided in the market.

3. Strategy for development of air carriage products and aircraft fleet and business development plan for the first 5 years from the date of operation commencement.

Article 10.Procedures for grant of a license for air carriage business or general aviation business^[9]

1. An applicant for an air carriage business license or a general aviation business license shall send 1 application dossier directly or by post or by other appropriate modes to the Civil Aviation Authority of Vietnam and take responsibility for the accuracy and truthfulness of information provided in the dossier.

2. An application dossier must comprise:

a/ An application for a license, made according to Form No. 1 provided in the Appendix to this Decree;

b/ A report (enclosed with evidencing documents) on satisfaction of the conditions for air carriage business, including a plan on the number of aircraft to be put into operation; plan on organizational apparatus for aircraft operation, air transport business, business plan and product development strategy; to-be-used brand name; and organizational chart of the enterprise;

c/ The original capital confirmation document;

d/ Duplicates or copies enclosed with their originals for checking or certified copies (for case of direct dossier submission); or certified copies (for case of sending of dossier by post) of appointment decisions and employment contracts, and copies of degrees and certificates of the persons specified in Article 7 of this Decree;

dd/ In-principle contracts or agreements on purchase, hire-purchase or charter of aircraft;

e/ A copy of the enterprise’s charter;

g/ A list of members and shareholders at the time of dossier submission, which must have the following information: full name, date of birth, citizenship, place of permanent residence registration; current place of residence; capital contribution portion or shareholding rate; persons representing and managing institutional members’ or shareholders’ capital contribution portions; capital contribution agreements of shareholders and members (copies certified by the enterprise or copies enclosed with their originals for checking).

3. If such a dossier is invalid, within 3 working days after receiving it, the Civil Aviation Authority of Vietnam shall issue a reply to the applicant and guide the latter to complete it under regulations.

4. Within 20 days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall report dossier appraisal results to the Ministry of Transport.

5. Within 15 working days after receiving dossier appraisal results from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall consider and submit a report thereon to the Prime Minister. In case the Ministry of Transport disapproves appraisal results, it shall issue a written reply to the Civil Aviation Authority of Vietnam, clearly stating the reason.

6. Within 10 days after receiving of the Ministry of Transport’s report, the Prime Minister shall consider and empower the Ministry of Transport to grant an air carriage business license or a general aviation business license. In case of refusal to grant such a license, the Prime Minister shall notify such to the Ministry of Transport, clearly stating the reason.

7. Within 5 working days after receiving the Prime Minister’s written opinion, the Ministry of Transport shall grant an air carriage business license or a general aviation business license according to Form No. 2 provided in the Appendix to this Decree or notify the Prime Minister’s refusal to grant such a license.

Article 11.Procedures for re-grant of an air carriage business license or a general aviation business license^[10]

1. An air carriage business license or a general aviation business license may be re-granted if it is lost, torn or damaged or has its contents modified or when it is revoked due to failure to meet the conditions prescribed at Points a, c, d and dd, Clause 1, Article 12 of this Decree

2. An air transport enterprise shall submit 1 dossier of request for re-grant of license directly or by post or other appropriate modes to the Civil Aviation Authority of Vietnam and take responsibility for the accuracy and truthfulness of information provided in the dossier.

3. In case of re-grant of a license due to modification of its contents:

a/ A dossier must comprise a written request for re-grant of the license, made according to Form No. 01 provided in the Appendix to this Decree, and documents relevant to license modifications (if any);

b/ Within 15 days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall report the dossier appraisal result to the Ministry of Transport;

c/ Within 3 working days after receiving an appraisal report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall re-grant the license according to Form No. 02 provided in the Appendix to this Decree. In case of refusal to re-grant the license, the Ministry of Transport shall send a notice to the Civil Aviation Authority of Vietnam for the latter to issue a written reply to the applicant, clearly stating the reason.

4. In case of re-grant of a license which is lost, torn or damaged:

a/ A dossier must comprise a written request for re-grant of the license, made according to Form No. 01 provided in the Appendix to this Decree;

b/ Within 3 working days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall send a report thereon to the Ministry of Transport;

c/ Within 2 working days after receiving a report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall consider re-granting the license according to Form No. 02 provided in the Appendix to this Decree. In case of refusal to re-grant the license, the Ministry of Transport shall send a notice to the Civil Aviation Authority of Vietnam for the latter to issue a reply to the applicant, clearly stating the reason.

5. In case of re-grant of a license which is revoked:

a/ A dossier must comprise the documents specified at Points a, b, c, d, dd, and g, Clause 2, Article 10 of this Decree;

b/ In case the dossier is invalid, within 3 working days after receiving it, the Civil Aviation Authority of Vietnam shall issue a reply to the applicant and guide the latter to complete the dossier under regulations;

c/ Within 15 days after receiving a complete dossier, the Civil Aviation Authority of Vietnam shall send a report on dossier appraisal results to the Ministry of Transport;

d/ Within 3 working days after receiving an appraisal report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall re-grant the license according to Form No. 02 provided in the Appendix to this Decree. In case of refusal to re-grant the license, the Ministry of Transport shall send a notice to the Civil Aviation Authority of Vietnam for the latter to issue a reply to the applicant, clearly stating the reason.

6. A re-granted license must contain a provision prescribing the revocation of the lost, torn, damaged or modified license or revoked license.

Article 12.Revocation of air carriage business and general aviation business licenses^[11]

1. An air carriage business license or a general aviation business license shall be revoked in the following cases:

a/ Failure to maintain the required minimum capital for 3 consecutive years;

b/ Intentionally falsification of information n the license application dossier;

c/ Cessation of provision of air transport services for 36 consecutive months;

d/ Refusal to grant an air operator certificate within 36 months after grant of the license;

dd/ Revocation or cancellation of the air operator certificate without re-grant after 36 months;

e/ Operation for improper purposes or at variance with license contents;

g/ Serious violation of regulations on security and national defense;

h/ Serious violation of regulations on aviation security and safety, organization of executive apparatus, aviation carriage and general aviation operation;

i/ Operation termination in accordance with law or at the request of the air transport enterprise;

k/ Unsatisfication of the law-prescribed conditions for grant of a license.

2. In case a license is revoked, the Ministry of Transport shall issue a decision on revocation of the license and the concerned enterprise shall immediately terminate its air transport business.

Article 12a.Changes that must be notified by enterprises^[12]

An air transport enterprise shall send a notice to the Civil Aviation Authority of Vietnam within 30 days after the occurrence of one of the following events:

1. Modification of its operation charter or conditions of carriage;

2. Written certification of modification of enterprise registration contents upon the occurrence of any change in enterprise registration;

3. Change in the organizational apparatus under Article 7 of this Decree;

4. Alteration of members of the executive apparatus;

5. Alteration of shareholders that hold 5% or more of its charter capital.

Article 12b.Management of air transport business^[13]

1. An air transport enterprise may carry out air transport business when it complies with the regulations on aircraft operators issued by the Minister of Transport.

2. The number of wet-leased aircraft of an air transport enterprise must:

a/ Account for no more than 30% of the enterprise’s aircraft fleet; and,

b/ Not exceed 10.

Article 12c.Measures to manage air carriage rights^[14]

1. Airlines that have been granted air carriage rights shall comply with confirmed flight schedules and takeoff and landing time.

2. The Civil Aviation Authority of Vietnam shall take measures to ensure airlines’ compliance with confirmed flight schedules and takeoff and landing time.

Article 12d.Management of aircraft imported into Vietnam^[15]

1. The age of used aircraft imported into Vietnam is prescribed as follows:

a/ For passenger aircraft: not exceeding 10 years, counted from the date of release from factory to the time of import into Vietnam under the purchase or lease-purchase contract; or not exceeding 20 years from the date of release from factory to the time of expiration of the lease contract; or 25 years, for helicopters;

b/ For aircraft for carriage of cargoes, postal items and parcels or for general aviation business: not exceeding 15 years, counted from the date of release from factory to the time of import into Vietnam under the purchase or lease-purchase contract; or not exceeding 25 years from the date of release from factory to the time of expiration of the lease contract;

c/ For aircraft other than those specified at Point a or b of this Clause: not exceeding 20 years, counted from the date of release from factory to the time of import into Vietnam under the purchase or lease-purchase contract; or not exceeding 30 years from the date of release from factory to the time of expiration of the lease contract.

2. Aircraft imported into Vietnam must be aircraft of types which have been granted type certificates by the US Federal Aviation Administration (FAA), European Union Aviation Safety Agency (EASA) or Civil Aviation Authority of Vietnam.

Chapter III

COMMERCIAL OPERATION OF AIRPORTS AND AERODROMES

Article 13.^[16]

Article 14.Conditions for grant of an airport business license^[17]

1. Having documents evidencing the satisfaction of conditions on assurance of aviation security and safety prescribed in Clause 2, Article 63 of the Law on Vietnam Civil Aviation and Annex 14 to the Convention on International Civil Aviation.

2. Meeting the following conditions on capital:

a/ The minimum level of capital required for establishment and maintenance of an airport enterprise is VND 100 billion;

b/ The foreign holding rate must not exceed 30% of charter capital.

Chapter IV

COMMERCIAL PROVISION OF AVIATION SERVICES

Article 15.Conditions for commercial provision of aviation services at airports and aerodromes

1. Aviation services to be provided at airports and aerodromes include:

a/ Passenger terminal operation service;

b/ Airfield operation service;

c/ Cargo terminal and warehouse operation service;

d/ Jet fuel supply service;

dd/ Ground technical-commercial service;

e/ In-flight catering service;

g/ Aviation vehicle and equipment repair and maintenance service;

h/ Aviation technical service;

i/ Aviation security assurance service.

2. An enterprise may provide the services specified in Clause 1 of this Article after being granted a license for provision of aviation services at airports and aerodromes, except the cases specified in Clauses 3 and 4 of this Article.

3. The airfield operation service shall be provided by airport enterprises or organizations assigned by the Ministry of Transport to manage airport infrastructure.

4. The aviation security assurance service shall be provided by aviation security control forces organized under Article 195 of the Law on Civil Aviation of Vietnam.

Article 16.Conditions for grant of a license for provision of aviation services at airports and aerodromes^[18]

1. Meeting the conditions prescribed at Point b and d, Clause 2, Article 65 of the Law on Vietnam Civil Aviation and being appraised and evaluated by the Civil Aviation Authority of Vietnam on the basis of relevant sub-sectors prescribed in Clause 1, Article 15 of this Decree.

2. Minimum level of capital for establishment and maintenance of an enterprise providing aviation services at an airport or aerodrome:

a/ VND 30 billion, for the provision of passenger terminal operation service;

b/ VND 30 billion, for the provision of cargo terminal and warehouse operation service;

c/ VND 30 billion, for the provision of aviation fuel supply service.

3. For an enterprise providing passenger terminal operation, cargo terminal operation, aviation fuel supply, ground technical-commercial, or airfield operation service, the foreign holding rate must not exceed 30% of charter capital.

Article 17.^[19]

Article 18.Procedures for grant of licenses for provision of aviation services at airports and aerodromes^[20]

1. An applicant for a license for provision of aviation services at an airport or aerodrome shall send 1 set of dossier directly or by post or by another appropriate mode to the Civil Aviation Authority of Vietnam and take responsibility for the accuracy and truthfulness of information provided in the dossier. Such a dossier must comprise:

a/ An application for a license, made according to Form No. 03 provided in the Appendix to this Decree;

b/ The original capital confirmation document;

c/ Documents explaining the assurance of aviation safety and security as specified in Clause 1, Article 16 of this Decree.

2. Within 12 days after receiving a complete dossier of application for a license for provision of aviation services at an airport or aerodrome as prescribed, the Civil Aviation Authority of Vietnam shall grant a license, made according to Form No. 04 provided in the Appendix to this Decree. In case of refusal, it shall issue a written reply to the applicant, clearly stating the reason.

In case of an invalid dossier, within 3 working days after receiving it, the Civil Aviation Authority of Vietnam shall reply in writing to the applicant, guiding the latter to complete the dossier as prescribed.

3. The Civil Aviation Authority of Vietnam shall notify the grant of a license to the concerned airport authority for inspection and supervision.

Article 19.Procedures for re-grant of licenses for provision of aviation services at airports and aerodromes

1. A license for provision of aviation services may be re-granted in case it is lost, torn or otherwise damaged or has its contents changed.

2. An enterprise shall send a dossier of request for re-grant of its license for provision of aviation services at an airport or aerodrome directly or by post or by another appropriate mode to the Civil Aviation Authority of Vietnam and take responsibility for the accuracy and truthfulness of information in such dossier. Such a dossier must comprise:

a/ A written request for re-grant of a license, made according to form No. 03 provided in the Appendix to this Decree;

b/ Documents relating to the change in the license contents (if any).

3. For licenses to be re-granted due to change in their contents: Within 5 working days after receiving a complete dossier, the Civil Aviation Authority of Vietnam shall re-grant a license for provision of aviation services at an airport or aerodrome. In case of refusal to re-grant a license, it shall reply in writing the requester, clearly stating the reason.

4. For licenses to be re-granted for they are lost, torn or otherwise damaged: Within 3 working days after receiving a request, the Civil Aviation Authority of Vietnam shall consider and re-grant a license. In case of refusal to re-grant a license, it shall reply in writing the requester, clearly stating the reason.

5. The Civil Aviation Authority of Vietnam shall notify the re-grant of a license to the concerned airport authority for inspection and supervision.

Article 20.Invalidation of licenses for provision of aviation services at airports and aerodromes

1. A license for provision of aviation services shall be invalidated in the following cases:

a/ The licensed enterprise has provided untruthful information in the process of applying for the license;

b/ The licensed enterprise fails to maintain the minimum capital level in the course of operation;

c/ The licensed enterprise seriously violates the regulations on security and national defense;

d/ The licensed enterprise terminates its operation in accordance with law or at its own will;

dd/ The licensed enterprise has been cautioned three times for a violation within 12 months but still fails to remedy such violation;

e/ The licensed enterprise seriously violates the regulations on assurance of aviation security and safety, business conditions, service prices, fire prevention and fighting and environmental protection;

g/ The licensed enterprise fails to commence the provision of aviation services at an airport or aerodrome within 12 months after being licensed.

2. The Civil Aviation Authority of Vietnam shall issue decisions on invalidation of licenses, clearly stating reasons. Enterprises providing aviation services at airports and aerodromes shall immediately terminate the service provision under issued decisions.

Chapter V

AIRCRAFT, AIRCRAFT ENGINE, PROPELLER AND EQUIPMENT DESIGNING, MANUFACTURE, MAINTENANCE AND TEST SERVICES

Article 21.Conditions for provision of aircraft, aircraft propeller and aircraft equipment maintenance services in Vietnam^[21]

1. An organization providing aircraft, aircraft propeller and aircraft equipment maintenance services in Vietnam must obtain a certificate of approval of maintenance organization issued by the Civil Aviation Authority of Vietnam.

2. Conditions for grant of a certificate of approval of maintenance organization: Having documents explaining the provision of maintenance services as prescribed by the Minister of Transport;

3. This Article applies only to cases of maintenance of aircraft and aircraft propellers and aircraft equipment in Vietnam for aircraft registered to bear Vietnamese nationality.

Article 22.Conditions of an establishment designing, producing or testing aircraft and aircraft engines, propellers and equipment in Vietnam^[22]

1. An establishment designing, manufacturing or testing aircraft and aircraft engines, propellers and equipment in Vietnam must obtain a certificate of approval of aircraft and aircraft engine, propeller and equipment design, production or testing organization issued by the Civil Aviation Authority of Vietnam.

2. Conditions for grant of a certificate of approval of aircraft and aircraft engine, propeller and equipment design, production or testing organization in Vietnam specified in Clause 1 of this Article:

a/ Having documents explaining the organization of design, production or testing of aircraft and aircraft engines, propellers and equipment in Vietnam and proving the capacity of the establishment;

b/ Having manufacture, design, production, maintenance and testing processes.

3. This Article applies only to cases of design, production or testing of aircraft and aircraft engines, propellers and equipment in Vietnam according to type certificates granted by the Civil Aviation Authority of Vietnam.

Chapter VI

PROVISION OF FLIGHT ACTIVITY ASSURANCE SERVICES

Article 23.Conditions for provision of air navigation services^[23]

1. Being granted a license for operation of air navigation facilities and technical systems and equipment by the Civil Aviation Authority of Vietnam when meeting requirements on technical systems and equipment and having an operation process up to specialized technical regulations and standards of the civil aviation industry.

2. Satisfying the following capital conditions:

a/ Being a wholly state-owned enterprise, in case of providing air traffic, aeronautical information or search and rescue services;

b/ Having the state capital portion accounting for at least 65% of its charter capital and a foreign holding rate not exceeding 30% of its charter capital, for an enterprise providing communications, navigation and surveillance services or aviation meteorological service.

Chapter VII

PROVISION OF PROFESSIONAL AVIATION STAFF TRAINING SERVICES

Article 24.Conditions for provision of professional aviation staff training services

An establishment wishing to provide professional aviation staff training services may be granted by the Civil Aviation Authority of Vietnam a certificate of eligibility for professional aviation staff training when fully meeting the following requirements:

1. Requirements on organizational apparatus, physical foundation, equipment and lecturers as prescribed in Articles 25 and 26 of this Decree;

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

Article 25.Requirements for professional aviation personnel training establishments^[24]

Professional aviation personnel training establishments must meet the following requirements:

1. Having documents explaining their physical foundations’ satisfaction of specialized technical regulations and standards of the civil aviation industry as prescribed by the Minister of Transport.

2. Having documents explaining their training programs, textbooks and training materials as prescribed by the Minister of Transport.

3. Having sufficient theory and practice teachers to ensure each aviation study subject has at least 1 teacher.

Article 26.Teachers of aviation personnel training establishments^[25]

An aviation teacher must meet one of the following requirements:

1. Possessing a professional certificate prescribed in relevant legal documents on aviation or at least 5 years’ working experience in the professional field(s) relevant to the subject(s) he/she teaches.

2. Possessing pedagogical skills as prescribed in the law on education or vocational education.

Article 27.Procedures for grant of certificates of qualification for provision of professional training for aviation personnel^[26]

1. An aviation personnel training establishment shall send 1 set of dossier directly or by post or another appropriate mode to the Civil Aviation Authority of Vietnam. Such a dossier must comprise:

a/ An application for a certificate of qualification for provision of professional training for aviation personnel, made according to Form No. 05 provided in the Appendix to this Decree;

b/ Documents explaining the provision of aviation personnel training’s satisfaction of the requirements specified in Articles 25 and 26 of this Decree.

2. Contents of documents explaining the provision of aviation personnel training:

a/ A list of teachers and their CVs;

b/ A report on physical foundations: classrooms, equipment, facilities or places for practice suitable to training contents;

c/ A report on theoretical and practical training programs, textbooks and materials related to different study subjects;

d/ A report on the organizational system, apparatus and managerial officers and the system of documents on management of aviation personnel training.

3. Within 25 days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall examine the dossier and conduct physical inspection and appraisal of the training establishment; request the applicant to additionally explain related contents or modify documents in the dossier; and grant a certificate of qualification for provision of professional training for aviation personnel to the training establishment, made according to Form No. 07 provided in the Appendix to this Decree. In case of refusal to grant a certificate, it shall clearly state the reason.

Article 28.Re-grant of certificates of eligibility for professional aviation staff training

1. Certificates of eligibility for professional aviation staff training may be re-granted in case they are lost, torn or otherwise damaged or have their contents changed.

2. A dossier of request for re-grant of a certificate must comprise:

a/ A written request, made according to form No. 06 provided in the Appendix to this Decree;

b/ Documents related to the change in the certificate contents (if any).

3. For a certificate to be re-granted for it is lost or torn or otherwise damaged: Within 3 working days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall re-grant the certificate or notify its refusal to re-grant the certificate, clearly stating the reason.

4.^[27]For a certificate with its contents modified or supplemented: Within 15 days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall examine the dossier and conduct physical inspection and evaluation of the establishment, ask the requester to additionally explain related contents, and re-grant the certificate or notify in writing its refusal to re-grant the certificate, clearly stating the reason.

Article 29.Revocation of certificates of eligibility for professional aviation staff training

1. A certificate of eligibility for professional aviation staff training shall be revoked in the following cases:

a/ The training establishment terminates its operation in accordance with law or at its own will;

b/ The training establishment has intentionally falsified information in its dossier of application for the certificate;

c/ The training establishment operates for improper purposes or not according to the certificate contents;

d/ The training establishment intentionally violates the regulations on assurance of aviation security and safety;

dd/ The training establishment fails to maintain the conditions under the certificate;

e/ The certificate is erased or modified.

2. In case of revocation of a certificate, the Civil Aviation Authority of Vietnam shall issue a revocation decision while the professional aviation staff training establishment shall immediately terminate the provision of professional training services under such decision.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 30.Responsibilities of enterprises engaged in conditional business lines in civil aviation

1. To operate for proper purposes and according to contents of their licenses or certificates granted by competent agencies.

2. To fully maintain the conditions for being granted licenses or certificates as prescribed in this Decree.

3. To comply with the operation conditions prescribed by the law on civil aviation.

4. Those which must satisfy the requirement of minimum capital shall annually send their financial statements with unqualified opinions to the Civil Aviation Authority of Vietnam for inspection and supervision of the maintenance of minimum capital under this Decree.

Article 31.Effect^[28]

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

2. This Decree annuls:

a/ Articles 5 thru 19 of the Government’s Decree No. 30/2013/ND-CP of April 8, 2013, on air transportation business and general aviation activities;

b/ Articles 36 and 37; Clause 1, Article 38; and Clauses 1 and 2, Article 39 of the Government’s Decree No. 102/2015/ND-CP of October 20, 2015, on management and operation of airports and aerodromes.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-