Decree No. 64/2022/ND-CP amending Decrees regulating business activities in civil aviation

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Decree No. 64/2022/ND-CP dated September 15, 2022 of the Government amending and supplementing a number of articles of the Decrees regulating business activities in civil aviation
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Official number:64/2022/ND-CPSigner:Le Van Thanh
Type:DecreeExpiry date:Updating
Issuing date:15/09/2022Effect status:
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Fields:Transport

SUMMARY

Amend Decrees regulating business activities in civil aviation

On September 15, 2022, the Government issues the Decree No. 64/2022/ND-CP amending and supplementing a number of articles of the Decrees regulating business activities in civil aviation.

Accordingly, regulations on conditions for grant of licenses for provision of aviation services at airports and airfields are amended as follows: An enterprise wishing to provide aviation services at an airport or airfield must meet the conditions prescribed at Points b, c and d, Clause 2 Article 65 of the Vietnam Civil Aviation Law and be appraised and evaluated by the Civil Aviation Authority of Vietnam on the basis of relevant subsectors prescribed in Clause 1 Article 15 of this Decree. Specifically, in addition to current conditions, it must have an organizational apparatus ensuring the provision of services directly related to aviation activities in airports and airfields, and employees who have appropriate licenses and certificates, and meeting professional requirements for the operation of airports and airfields; have facilities, equipment and other necessary conditions to ensure aviation safety and security; meet capital conditions stipulated by the Government.

In addition, airport enterprises providing passenger terminal operation, cargo terminal and warehouse operation services are not required to satisfy the conditions on minimum level of capital for establishment and maintenance.

Besides, according to this Decree, a dossier of request for the grant of licenses for provision of aviation services at an airport or airfield must comprise: A written request for grant of the license; an enterprise's copies of documents explaining the satisfaction of the requirements on organizational apparatus, employees, facilities, equipment and other necessary conditions and capital conditions; originals or electronic certified true copies of originals of capital certification, except for the case specified in Clause 2a Article 16 of this Decree.

This Decree takes effect on September 15, 2022.

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THE GOVERNMENT
__________

No. 64/2022/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

__________________

Hanoi, September 15, 2022


DECREE

Amending and supplementing a number of articles of the Decrees regulating business activities in civil aviation

_____________

 

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Vietnam Civil Aviation dated June 29, 2006; Law amending and supplementing a number of articles of the Vietnam Civil Aviation Law dated November 21, 2014;

At the proposal of the Minister of Transport;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Decrees regulating business activities in civil aviation.

 

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 68/2015/ND-CP dated August 18, 2015, on registration of nationality of aircraft and rights thereto (hereinafter referred to as Decree No. 68/2015/ND-CP)

1. To amend and supplement Point a Clause 1, Point c Clause 2 and Clause 3 Article 4 as follows:

a) To amend and supplement Point a Clause 1 Article 4 as follows:

“a) Aircraft owned by Vietnamese organizations or individuals and operated by Vietnamese organizations or individuals (in case the aircraft is operated by individuals, such individuals must permanently reside in Vietnam). Aircraft hire-purchased or dry lease with a lease duration of 24 months or more for operation in Vietnam must register with Vietnamese nationality in accordance with the provisions of this Decree.”

b) To amend and supplement Point c Clause 2 Article 4 as follows:

“c) For used aircraft, when registering for nationality for the first time, it must meet the age requirements as prescribed for used aircraft at the time of importation into Vietnam in accordance with the law.”

c) To amend and supplement Clause 3 Article 4 as follows:

“3. Conditions for temporary registration of aircraft with Vietnamese nationality

Aircraft in course of manufacture, assembling or testing in Vietnam shall be permitted for temporary registration to have Vietnamese nationality if they meet the conditions specified at Points b and d Clause 2 of this Article.”

2. To amend and supplement Point b Clause 2 Article 5, Point b Clause 2 Article 6, Point b Clause 3 Article 7, Point b Clause 2 Article 15, Point b Clause 2 Article 16, Point b Clause 2 Article 17 and Point b Clause 3 Article 19 as follows:

“b) Copies from the master register or certified true copies or photocopies of the originals or copies enclosed with their originals for comparison or electronic copies from the master register or electronic certified true copies of papers and documents proving the legal status of the applicants in case the applicants are Vietnamese organizations or individuals.

In case the papers and documents proving the legal status of applicants are issued by a competent foreign agency, they shall be consularly legalized as prescribed by law, except for the cases where consular legalization is exempted under treaties to which the Socialist Republic of Vietnam is a contracting party or on the principle of reciprocity.”

3. To amend and supplement Point b Clause 3 Article 9, Point b Clause 2 Article 20 and Point b Clause 2 Article 21 as follows:

“b) Copies from the master register or certified true copies or photocopies of the originals or copies enclosed with their originals for comparison or electronic copies from the master register or electronic certified true copies of papers and documents proving the legal status of the applicants in case the applicants are Vietnamese organizations or individuals;

In case the papers and documents proving the legal status of applicants are issued by a competent foreign agency, they shall be consularly legalized as prescribed by law, except for the cases where consular legalization is exempted under treaties to which the Socialist Republic of Vietnam is a contracting party or on the principle of reciprocity.”

4. To add Point dd Clause 1 Article 8 as follows:

“dd) Aircraft is irreparably or unrestorably damaged.”

5. To amend and supplement Clause 1 Article 9 as follows:

“1. Regarding cases of deregistration specified at Points a, b and dd Clause 1 and Points a and b Clause 2 Article 8 of this Decree, the Civil Aviation Authority of Vietnam shall decide to deregister nationality of the aircraft and issue the Deregistration certificate of Vietnamese nationality of the aircraft according to the Form No. 06 in the Appendix hereof; revoke the Certificate of Vietnamese nationality of the aircraft or Certificate of temporary Vietnamese nationality of the aircraft, except for the case the Certificate is lost or is destroyed with the aircraft.”

6. To amend and supplement Clause 3 Article 10 as follows:

3. Any aircraft’s owner/lessor applying for exporting aircraft must obtain written consent of the person who requests the registration of the aircraft, except for the cases specified in Clause 4 of this Article.”

7. To amend and supplement Clause 2 Article 12 as follows:

“2. Vietnamese nationality aircraft must not bear any mark with content or form similar to or likely to cause confusion with aircraft having another nationality.”

8. To amend and supplement Point a Clause 2, Clause 4 and Clause 5 Article 13 as follows:

a) To amend and supplement Point a Clause 2 Article 13 as follows:

“a) The image of the Vietnamese national flag has a width equal to two-thirds of its length, a balanced size that is suitable for each type of aircraft; such image shall be painted or mounted on the outer sides of the tail blade or the front fuselage of aircraft.”

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

“4. The applicant for registration of aircraft shall decide to paint or mark heavier-than-air aircraft without parts satisfying the regulations mentioned in Clause 3 of this Article and other aircrafts other than heavier-than-air aircraft in accordance with Clauses 1 and 2 of this Article.”

c) To amend and supplement Clause 5 Article 13 as follows:

“5. If an aircraft that is leased with a flight crew, it shall be painted or affixed with nationality and registration marks as prescribed in this Decree within 6 months from the date of importation into Vietnam.”

9. To amend and supplement Clause 1 Article 16 as follows:

“1. If the person leasing an aircraft under a lease contract or lease-purchase contract for at least 6 months applies for registration of the right to aircraft possession, he/she shall submit one set of dossiers to the Civil Aviation Authority of Vietnam, whether directly or by post or in the electronic environment or another appropriate method and shall be responsible for the accuracy and truthfulness of the information in the dossiers.”

10. To amend and supplement Clause 3 Article 20 as follows:

“3. Within 3 working days from the date of receiving the complete dossiers as prescribed, the Civil Aviation Authority of Vietnam shall issue the Deregistration certificate of right to possession of aircraft according to the Form No. 10 in the Appendix hereof; revoke the issued Certificate of aircraft ownership, unless it is lost. In case of refusal, it shall issue a written reply clearly stating the reason.

If the dossier is incomplete, within one working day from the date of receiving the dossiers, the Civil Aviation Authority of Vietnam shall instruct the applicant in writing to complete it as prescribed.”

11. To amend and supplement Clause 3 Article 21 as follows:

“3. Within 3 working days from the date of receiving the complete dossiers, the Civil Aviation Authority of Vietnam shall issue the Deregistration certificate of right to possession of aircraft according to the Form No. 10 in the Appendix hereof; revoke the issued Certificate of the right to aircraft possession, unless it is lost. In case of refusal, it shall issue a written reply clearly stating the reason.

If the dossier is incomplete, within one working day from the date of receiving the dossier, the Civil Aviation Authority of Vietnam shall instruct the applicant in writing to complete it as prescribed.”

12. To amend and supplement Point b Clause 2 Article 22 and Clause 5 Article 22 as follows:

a) To amend and supplement Point b Clause 2 Article 22 as follows:

“b) Copies from the master register or certified true copies or photocopies of the originals or copies enclosed with their originals for comparison or electronic copies from the master register or electronic certified true copies of papers proving the legal status of the applicants in case the persons requesting the grant of Authority Entry Point (AEP) codes, in case they are Vietnamese organizations or individuals;

In case the papers and documents proving the legal status of persons requesting the grant of AEP codes are issued by a competent foreign agency, they shall be consularly legalized as prescribed by law, except for the cases where the consular legalization is exempted under treaties to which the Socialist Republic of Vietnam is a contracting party or on the principle of reciprocity.”

b) To amend and supplement Clause 5 Article 22 as follows:

“5. Applicants for the grant of AEP codes shall pay charges as prescribed by law. The duration for charge payment of applicants shall not be included in the period for handling administrative procedures. The return of results shall be done at the head office of the Civil Aviation Authority of Vietnam or by post or in the electronic environment or by other appropriate methods as prescribed.”

13. To amend and supplement Point b Clause 2 and Clause 5 Article 23 as follows:

a) To amend and supplement Point b Clause 2 Article 23 as follows:

“b) Copies from the master register or certified true copies or photocopies of the originals or copies enclosed with their originals for comparison or electronic copies from the master register or electronic certified true copies of papers proving the legal status of the applicants in case the applicants are Vietnamese organizations or individuals.

In case the papers and documents proving the legal status of persons requesting the registration of Irrevocable De-registration and Export Request Authorisation (IDERA) are issued by a competent foreign agency, they shall be consularly legalized as prescribed by law, except for the cases where the consular legalization is exempted under treaties to which the Socialist Republic of Vietnam is a contracting party or on the principle of reciprocity.”

b) To amend and supplement Clause 5 Article 23 as follows:

“5. Applicants for the registration of IDERA shall pay charges as prescribed by law. The duration for charge payment of applicants shall not be included in the period for handling administrative procedures. The return of results shall be done at the head office of the Civil Aviation Authority of Vietnam or by post or in the electronic environment or by other appropriate methods as prescribed.”

14. To amend and supplement Article 24 as follows:

“Article 24. Procedures for deregistration of IDERA

1. The person designated in the IDERA shall request the deregistration of IDERA and send dossiers directly or via the postal system or in the electronic environment or by other appropriate methods to the Civil Aviation Authority of Vietnam. He/she shall take the responsibility for the truthfulness and accuracy of the information in the dossiers.

2. A dossier of request for deregistration of IDERA must comprise:

a) 2 declarations of deregistration of IDERA (for the case of submitting dossiers in person or via the postal system) or 1 declaration of deregistration of IDERA (for the case of submitting dossiers in the electronic environment) according to Form No. 13 provided in the Appendix to this Decree, in which the person designated in IDERA shall directly sign the written request for deregistration;

b) Copies from the master register or certified true copies or photocopies of the originals or copies enclosed with their originals for comparison or electronic copies from the master register or electronic certified true copies of papers proving the legal status of the applicants for the deregistration of IDERA in case the applicants are Vietnamese organizations or individuals.

In case the papers and documents proving the legal status of applicants for the deregistration of IDERA are issued by a competent foreign agency, they shall be consularly legalized as prescribed by law, except for the cases where consular legalization is exempted under treaties to which the Socialist Republic of Vietnam is a contracting party or on the principle of reciprocity.

3. Within 5 working days from the date of receiving the complete dossiers as prescribed, the Civil Aviation Authority of Vietnam shall grant certification of deregistration in the declaration of deregistration of IDERA and return 01 declaration to applicants. In case of refusal, it shall issue a written reply clearly stating the reason.

If the dossier is incomplete, within one working day from the date of receiving the dossier, the Civil Aviation Authority of Vietnam shall instruct the applicant in writing to complete it as prescribed.

The return of results shall be done at the head office of the Civil Aviation Authority of Vietnam or by post or in the electronic environment or by other appropriate methods as prescribed.”

15. To amend and supplement Point b Clause 2 and Clause 4 Article 26 as follows:

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

“b) Copies from the master register or certified true copies or photocopies of the originals or copies enclosed with their originals for comparison or electronic copies from the master register or electronic certified true copies of papers proving the legal status of the applicants in case the persons requesting the provision of information are Vietnamese organizations or individuals.

In case the papers and documents proving the legal status of persons requesting the provision of information are issued by a competent foreign agency, they shall be consularly legalized as prescribed by law, except for the cases where the consular legalization is exempted under treaties to which the Socialist Republic of Vietnam is a contracting party or on the principle of reciprocity.”

b) To amend and supplement Clause 4 Article 26 as follows:

“4. Persons requesting the provision of information shall pay charges as prescribed by law. The duration for charge payment of requesters shall not be included in the period for handling administrative procedures. The return of results shall be done at the head office of the Civil Aviation Authority of Vietnam or by postal system or in the electronic environment or by other appropriate methods as prescribed.”

16. To amend and supplement Article 27 as follows:

“Article 27. Settlement of complaints and petitions; correction, supplementation or modification of information about registration of nationality of aircraft, registration of rights thereto and registration of IDERA

1. The Civil Aviation Authority of Vietnam shall settle and give written response to complaints or petitions as prescribed, or requests made by organizations and individuals involved in the registration of nationality of aircraft, registration of rights thereto and registration of IDERA.

2. Persons requesting the correction, supplementation or modification of information about registration of nationality of aircraft, registration of rights thereto and IDERA shall submit one set of dossiers for correction, supplementation, or modification of information to the Civil Aviation Authority of Vietnam, whether directly or by post or in the electronic environment or in other appropriate methods.

3. A dossier of request for correction, supplementation or modification of information about registration of nationality of aircraft, registration of rights thereto and registration of IDERA must comprise:

a) A declaration made according to Form No. 03 in the Appendix to this Decree;

b) Copies from the master register or certified true copies from the originals or photocopies of the originals or copies enclosed with their originals for comparison or electronic copies from the master register or electronic certified true copies of papers proving the legal status of the applicants in case the applicants are Vietnamese organizations or individuals.

In case the papers and documents proving the legal status of applicants are issued by a competent foreign agency, they shall be consularly legalized as prescribed by law, except for the cases where consular legalization is exempted under treaties to which the Socialist Republic of Vietnam is a contracting party or on the principle of reciprocity.

c) Copies enclosed with originals for comparison or copies certificated by the agency, organization, or individual that has made the originals, or electronic copies of master register or electronic certified true copies of originals of documents providing information that needs to be supplemented, corrected or modified.

4. Within 1 working day from the receipt of the complete dossiers as prescribed, the Civil Aviation Authority of Vietnam shall supplement, correct or modify information on registration of aircraft nationality, registration of rights thereto and registration of IDERA, grant new certificates or issue related documents.

In case of refusal, the Civil Aviation Authority of Vietnam shall send a written reply clearly specifying the reason to the requesters.

New certificates or related documents issued by the Civil Aviation Authority of Vietnam after the supplementation, correction or modification shall replace the initial ones.

5. Persons requesting the correction, supplementation or modification of information about registration of nationality of aircraft, registration of rights thereto and registration of IDERA must pay charges in accordance with the law. The return of results shall be done at the head office of the Civil Aviation Authority of Vietnam or by post or in the electronic environment or by other appropriate methods as prescribed.”

17. To replace a number of phrases as follows:

a) To replace the phrase “or by other methods” with the phrase “or in the electronic environment or by other methods” prescribed in Clause 2 Article 9, Clause 1 Article 15;

b) To replace the phrase “or by other appropriate methods” with the phrase “or in the electronic environment or by other methods” prescribed in Clause 1 Article 5, Clause 1 Article 6, Clause 2 Article 7, Clause 1 Article 17, Clause 2 Article 19, Clause 1 Article 20, Clause 1 Article 21, Clause 1 Article 22, Clause 1 Article 23 and Clause 1 Article 26;

c) To replace the phrase “certified true copies (or copies enclosed with their originals for comparison)” with the phrase “or copies enclosed with the originals for comparison or copies certificated by the agency, organization, or individual that has made the originals, or electronic copies of master register or electronic certified true copies of originals” at Points c, d, dd and e Clause 2 Article 5; Points c, d Clause 2 Article 6; Point c Clause 2 Article 15; Points c and d Clause 2 Article 16; Point c Clause 2 Article 22 and Point c Clause 2 Article 23.

18. To add the phrase “The duration for fee payment of requesters shall not be included in the period for handling administrative procedures. The return of results shall be done at the head office of the Civil Aviation Authority of Vietnam or by post or in the electronic environment or by other appropriate methods as prescribed.” after the phrase “shall pay the fees as prescribed by law.” in Clause 5 Article 5, Clause 6 Article 6, Clause 5 Article 7, Clause 6 Article 9, Clause 5 Article 15, Clause 5 Article 16, Clause 4 Article 17 and Clause 5 Article 19.

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

20. To replace Form No. 03 in the Appendix attached to Decree No. 68/2015/ND-CP with Appendix I attached to this Decree.

21. The number of dossiers for carrying out administrative procedures related to registration of aircraft nationality and registration of rights to aircraft specified in this Decree is one set.

Article 2. Amending and supplementing a number of articles of the Government’s Decree No. 92/2016/ND-CP dated January 01, 2016, prescribing the conditional business lines in civil aviation (hereinafter referred to as Decree No. 92/2016/ND-CP) and the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019, amending and supplementing a number of articles of the Government’s Decree No. 92/2016/ND-CP (hereinafter referred to as Decree No. 89/2019/ND-CP)

1. To add Clause 3 to Article 12d of Decree No. 92/2016/ND-CP, which was amended and supplemented under Clause 13 Article 1 of Decree No. 89/2019/ND-CP as follows:

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

2. To amend and supplement Clause 1 and add Clause 2a after Clause 2 Article 16 of Decree No. 92/2016/ND-CP, which was amended and supplemented under Clause 15 Article 1 of Decree No. 89/2019/ND-CP as follows:

a) To amend and supplement Clause 1 Article 16 as follows:

“1. Meeting the conditions prescribed at Points b, c and d, Clause 2 Article 65 of the Vietnam Civil Aviation Law and being appraised and evaluated by the Civil Aviation Authority of Vietnam on the basis of relevant subsectors prescribed in Clause 1 Article 15 of this Decree.”

b) To add Clause 2a after Clause 2 Article 16 as follows:

“2a. Airport enterprises providing passenger terminal operation, cargo terminal and warehouse operation services are not required to satisfy the conditions specified at Points a and b Clause 2 of this Article.”

3. To amend and supplement Clauses 1 and 2 Article 18 of Decree No. 92/2016/ND-CP, which was amended and supplemented under Clause 16 Article 1 of Decree No. 89/2019/ND-CP as follows:

a) To amend and supplement Clause 1 Article 18 as follows:

“1. An individual or organization requesting the grant of licenses for provision of aviation services at an airport or airfield shall send one set of dossiers directly or by post or in the electronic environment or by other methods 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) A written request for grant of the license, made according to Form No. 03 provided in the Appendix to this Decree;

b) An enterprise's copies of documents explaining the satisfaction of the provisions of Clause 1 Article 16 of this Decree;

c) Originals or electronic certified true copies of originals of capital certification, except for the case specified in Clause 2a Article 16 of this Decree.”

b) To amend and supplement Clause 2 Article 18 as follows:

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

If the dossier is invalid, within 3 working day from the date of receiving the dossier, the Civil Aviation Authority of Vietnam shall instruct the applicant in writing to complete the dossier as prescribed.

The return of results shall be done at the head office of the Civil Aviation Authority of Vietnam or by post or in the electronic environment or by other appropriate methods as prescribed.”

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

a) To amend and supplement Point b Clause 2 Article 19 as follows:

“b) Copies of documents related to changes in contents of the license (if any).”.

b) To add Clause 6 Article 19 as follows:

“6. The return of results shall be done at the head office of the Civil Aviation Authority of Vietnam or by post or in the electronic environment or by other appropriate methods as prescribed.”

5. To amend and supplement Clause 3 Article 27 of Decree No. 92/2016/ND-CP, which was amended and supplemented under Clause 22 Article 1 of Decree No. 89/2019/ND-CP as follows:

“3. Within 20 days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall examine the dossier and conduct a 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 and return the results directly or via the postal system or by other appropriate methods to the requesting establishment. In case of refusal to grant a certificate, it shall issue a reply clearly stating the reason.”

6. To replace the phrase “or by other methods” with the phrase “or in the electronic environment or by other methods” prescribed in Clause 2 Article 19.

7. To replace Forms No. 03 and 04 in the Appendix attached to Decree No. 92/2016/ND-CP with Appendix II and Appendix III to this Decree.

Article 3. Amending and supplementing a number of articles of the Government’s Decree No. 05/2021/ND-CP dated January 25, 2021, on management and operation of airports and airfields (hereinafter referred to as Decree No. 05/2021/ND-CP)

1. To amend and supplement Clause 1 and Point b Clause 2 Article 43 as follows:

a) To amend and supplement Clause 1 Article 43 as follows:

“1. Operators of airports and airfields shall submit one set of dossiers for the temporary closure of airports and airfields to the Civil Aviation Authority of Vietnam, directly or via the postal system, in the electronic environment or by other appropriate methods. Such a dossier must comprise:

a) A written request for the temporary closure of airports and airfields, including the following information: the name of airports and airfields; reasons for the temporary closure of airports and airfields; the period of temporary closure of airports and airfields;

b) Copies of the decision approving the infrastructure renovation, expansion and repair projects of competent agencies;

c) Copies of the construction organization plan, measures to ensure environmental safety and sanitation.”

b) To amend and supplement Point b Clause 2 Article 43 as follows:

“b) Within 5 working days from the date of receipt of the report on appraisal results, the Minister of Transport shall decide on the temporary closure of airports and airfields and send the results directly or via the postal system or in the electronic environment or by other appropriate methods. In case of refusal, it shall issue a written reply clearly stating the reason.”

2. To amend and supplement Point a Clause 2 Article 45 as follows:

“a) the operator of airports and airfields shall send a written report directly or via the postal system or in the electronic environment or in other methods to the Civil Aviation Authority of Vietnam on the temporary closure of airports and airfields. Such report includes the following information: the name of airports and airfields; reasons for the temporary closure of airports and airfields; the period of temporary closure of airports and airfields;”

3. To amend and supplement Clause 4 Article 49 as follows:

“4. The project owner of the construction investment project at the airport or airfield shall make a general plan drawing at the scale of 1/500 within the boundaries of the project assigned to invest by the competent authority and send one set of dossiers for approval of the general plan drawing within the boundaries of the project assigned to invest to the Civil Aviation Authority of Vietnam, directly or via the postal system or in the electronic environment or by other methods. Such a dossier must comprise:

a) A written request for approval of the general plan drawing;

b) Copies of the dossier of the general plan drawing, including the explanation of the general plan drawing and related drawings;

c) Photocopies of written opinions of relevant agencies and units;

d) Copies of documents explaining opinions and suggestions of relevant agencies and units.

Within 30 days from the date of receipt of the complete dossiers, the Civil Aviation Authority of Vietnam shall take responsibility for collecting opinions from relevant units, appraising and approving the general plan drawing within the boundaries of the project and sending them directly or via the postal system or in the electronic environment or in other methods to the project owner. In case of refusal, the Civil Aviation Authority of Vietnam shall clearly state the reason.”

4. To amend and supplement Clauses 5 and 6 Article 50 as follows:

a) To amend and supplement Clause 5 Article 50 as follows:

“5. Project owners in construction, renovation, upgrade, maintenance and repair of works, installation, maintenance and repair of equipment in airports and airfields shall submit one set of dossiers for approval of the plan to ensure security and safety for construction, renovation, upgrade, maintenance and repair of works, installation, maintenance and repair of equipment in airports and airfields directly or via the postal system or in the electronic environment or by other methods to the Civil Aviation Authority of Vietnam in accordance with Clause 3 of this Article or to the Airport Authority in accordance with Clause 4 of this Article. Such a dossier must comprise:

a) The written request for approval;

b) Copies of the plan to ensure security, safety and environmental sanitation at airports and airfields during the construction process, together with the plan for adjusting the operation of runways, taxiways, aircraft aprons, passenger terminals, cargo terminals, plans for adjustment and operation of the equipment system to ensure flight operations (if any);

c) Copies of the agreement on the plan to ensure security, safety and environmental sanitation at airports or airfields with relevant agencies and units;

d) Copies of construction permits for works subject to the issuance of construction permits in accordance with the law on construction investment.”

b) To amend and supplement Clause 6 Article 50 as follows:

“6. Within 12 days from the date of receipt of complete dossiers as prescribed, the Civil Aviation Administration of Vietnam (for the provisions of Clause 3 of this Article) or the Airport Authority (for the provisions of Clause 4 of this Article) shall take responsibility for appraising and issuing a written approval of the plan to ensure security, safety and environmental sanitation at airports or airfields during the construction process and sending it directly or via the postal system or in the electronic environment or by other methods to project owners. In case of refusal, the Civil Aviation Authority of Vietnam shall issue a written notice clearly stating the reason.”

5. To amend and supplement Clauses 4, 5, 6, 9 and 10 Article 51 as follows:

a) To amend and supplement Clause 4 Article 51 as follows:

“4. The person exploiting the work belonging to the airport or airfield infrastructure as prescribed at Points a, b and c Clause 1 of this Article shall submit one set of dossiers of requesting to put a part of the work belonging to the airport or airfield infrastructure into operation to the Civil Aviation Authority of Vietnam, directly or via postal system or in the electronic environment or by other appropriate methods. Such dossier must comprise:

a) A written request for putting the work or a part of the work into operation, including information about the location and scope of operation; the time of putting into operation suitable to the regulations on notification of aviation news; main technical specifications of the construction items; the lifespan of the work;

b) A copy of the acceptance test record of completion of the construction item and construction work and putting them into operation, and a copy of the notice of the acceptance test results of the competent State agency in accordance with the law on construction;

c) A draft document on exploiting the work.”

b) To amend and supplement Clause 5 Article 51 as follows:

“5. The person exploiting the work belonging to the airport or airfield infrastructure as prescribed in Clause 1 of this Article shall submit one set of dossiers of request for the temporary closure of the airport or airfield infrastructure to the Civil Aviation Authority of Vietnam, directly or via postal system or in the electronic environment or by other methods. Such a dossier must comprise:

a) A written request for permission to temporarily close a part of airport or airfield infrastructure, including the following information: the reason for the temporary closure; temporary closing position and scope; temporary closing time in accordance with the regulations on aeronautical information notification.

b) Copies of the detailed drawing of the temporarily closed area;

c) Copies of the plan to ensure maintenance of activities related to the temporarily closed works;

d) Copies of measures to ensure security and safety related to the temporarily closed works.”

c) To amend and supplement Clause 6 Article 51 as follows:

“6. Within 10 days from the date of receipt of the complete dossiers as prescribed, the Civil Aviation Authority of Vietnam shall consider and decide to put works or a part of works belonging to airport and airfield infrastructure into operation, temporarily close a part of airport or airfield infrastructure and send the results directly or via the postal system or in the electronic environment or by other methods to operators of airports and airfields. In case of refusal, the Civil Aviation Authority of Vietnam shall issue a written notice clearly stating the reason.”

d) To amend and supplement Clause 9 Article 51 as follows:

“9. When there is any change to technical specifications of works, processes of exploitation or service provision, the work operator must update such change into the Amendments of documents on work exploitations. On an annual basis, the work operator shall review and submit the Civil Aviation Authority of Vietnam to approve the documents on work exploitations when there is any change relating to their contents. The work operator shall submit one set of dossiers of request for approval of amendment and supplementation of the documents on work exploitation to the Civil Aviation Authority of Vietnam, directly or via postal system or in the electronic environment or by other methods. Such a dossier must comprise:

a) The written request for approval;

b) A draft amendment and supplementation;

c) Copies of documents proving the necessity of the amendment or supplementation.”

dd) To amend and supplement Clause 10 Article 51 as follows:

“10. Within 15 days after receiving the complete dossiers as prescribed, the Civil Aviation Authority of Vietnam shall be responsible for appraising the documents on work exploitation, approving the amendments and supplementations, and sending the results directly or via postal system or in the electronic environment or by other methods to the requester. In case of refusal, the Civil Aviation Authority of Vietnam shall issue a written notice clearly stating the reason.”

6. To amend and supplement Point b Clause 1, Clause 2, Clause 4 and Clause 6 Article 52 as follows:

a) To amend and supplement Point b Clause 1 Article 52 as follows:

“b) A copy of the establishment decision, or a copy of the enterprise registration certificate of the owner or an organization assigned to manage the airport or airfield; a copy of the identity card or citizen’s identity card or passport of the owner of the airport or airfield, in case the owner is an individual.”

b) To amend and supplement Clause 2 Article 52 as follows:

“2. In case the airport or airfield is under construction, the owner or organization assigned to manage such airport or airfield shall submit one set of dossiers of request for grant of the certificate of temporary registration of airport or airfield to the Civil Aviation Authority of Vietnam directly or via postal system or in the electronic environment or by other appropriate methods. Such dossier must comprise documents mentioned at Points a, b and c Clause 1 of this Article.”

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

“4. Within 03 working days from the date of appraisal, the Civil Aviation Authority of Vietnam shall carry out the registration of the airport or airfield in the airport and airfield register, grant an airport or airfield registration certificate, made according to the Form No. 02 in the Appendix issued together with this Decree and send the results directly or via the postal system or in the electronic environment or by other methods to the owner or the organization assigned to manage the airport or airfield. In case of refusal to grant the airport or airfield registration certificate, the Civil Aviation Authority of Vietnam shall issue a written notice, clearly stating the reasons.”

d) To amend and supplement Clause 6 Article 52 as follows:

“6. Request for re-grant of an airport or airport registration certificate in case the certificate is lost or damaged. The person that is granted the airport or airfield registration certificate shall send a written request for re-grant of the certificate to the Civil Aviation Authority of Vietnam directly or via the postal system or in the electronic environment or by other methods, using the Form No. 01 in the Appendix issued together with this Decree.

Within 03 working days from the date of receiving the written request as specified, the Civil Aviation Authority of Vietnam shall consider and decide to re-grant the airport or airfield registration certificate and send the results directly or via the postal system or in the electronic environment or by other methods to the requestor. In case of refusal of re-grant, the Civil Aviation Authority of Vietnam shall issue a written notice, clearly stating the reasons.”

7. To amend and supplement Point b Clause 2, Clause 3 Article 53 as follows:

a) To amend and supplement Point b Clause 2 Article 53 as follows:

“b) A copy of the document proving the proposed changes to be amended.”

b) To amend and supplement Clause 3 Article 53 as follows:

“3. Within 05 working days from the date of receiving a complete dossier as specified, the Civil Aviation Authority of Vietnam shall appraise the modification of contents of the airport or airfield registration certificate; grant and send a new airport or airfield registration certificate directly or via the postal system or in the electronic environment or by other methods to the requestor; and revoke the registration certificate previously granted. In case of refusal of modification, the Civil Aviation Authority of Vietnam shall issue a written notice, clearly stating the reasons.”

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

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

“b) Draft of airfield operation document.”

b) To amend and supplement Clause 4 Article 55 as follows:

“4. Within 05 working days from the date of completing the verification of actual conditions of the airfield in comparison with contents stating in the operation document, the Civil Aviation Authority of Vietnam shall grant and send an airport or airfield operation certificate, made according to the Form No. 04 in the Appendix issued together with this Decree directly or via the postal system or in the electronic environment or by other suitable methods to the requestor. In case of refusal of grant, the Civil Aviation Authority of Vietnam shall issue a written notice, clearly stating the reasons.”

c) To amend and supplement Clause 6 Article 55 as follows:

“6. The airport or airfield operator shall send a dossier of request for modification of airport or airfield operation certificate to the Civil Aviation Authority of Vietnam directly or via the postal system or in the electronic environment or by other suitable methods, such a dossier must comprise the following documents:

a) A written request for modification of contents of the airport or airfield operation certificate, made according to Form No. 03 in the Appendix issued together with this Decree;

b) A copy of the document proving the proposed changes to be modified.

Within 05 working days from the date of receiving a dossier as specified, the Civil Aviation Authority of Vietnam shall approve the modification of the airport or airfield operation certificate and send the results directly or via the postal system or in the electronic environment or by other suitable methods to the requestor. In case of refusal of approval, the Civil Aviation Authority of Vietnam shall issue a written notice, clearly stating the reasons.”

d) To amend and supplement Clause 7 Article 55 as follows:

“7. Request for re-grant of an airport or airfield operation certificate in cases the certificate is lost, torn or damaged. The airport or airfield operator shall send a written request for re-grant of certificate, made according to the Form No. 03 in the Appendix issued together with this Decree to the Civil Aviation Authority of Vietnam directly or via the postal system or in the electronic environment or by other suitable methods.

Within 03 working days from the date of receiving the written request as specified, the Civil Aviation Authority of Vietnam shall consider and decide to re-grant the certificate and send the results directly or via the postal system or in the electronic environment or by other suitable methods to the requestor. In case of refusal of re-grant, the Civil Aviation Authority of Vietnam shall issue a written notice, clearly stating the reasons.”

9. To amend and supplement Clauses 2 and 3 Article 56 as follows:

a) To amend and supplement Clause 2 Article 56 as follows:

“2. The airport or airfield operator shall review the airfield operation document on an annual basis or at the request of the Civil Aviation Authority of Vietnam or when there is a change in contents of the airfield operation document that affects the operation method and processes, the airport or airfield operator shall send a dossier of request for approval of amendment and supplementation of the airfield operation document to the Civil Aviation Authority of Vietnam directly or via the postal system or in the electronic environment or by other methods. Such a dossier must comprise:

a) The written request for approval;

b) The draft contents of amendments and supplements to documents;

c) A copy of the document proving the amended and supplemented contents.”

b) To amend and supplement Clause 3 Article 56 as follows:

“3. Within 08 days from the date of receiving a complete dossier as specified, the Civil Aviation Authority of Vietnam shall be responsible for appraising the airfield operation document. If the airfield operation document does not fully satisfy requirements, the Civil Aviation Authority of Vietnam shall issue a notice on appraisal results and request the airport or airfield operator to supplement and complete the airfield operation document. If the airfield operation document fully satisfies requirements, the Civil Aviation Authority of Vietnam shall organize the verification of actual conditions of the airfield in comparison with amendments and supplements in the operation document (if necessary); approve the amendments and supplements of the document, and send the results directly or via the postal system or in the electronic environment or by other methods to the requestor. In case of refusal of approval, the Civil Aviation Authority of Vietnam shall issue a written notice, clearly stating the reasons.”

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

a) To amend and supplement Point c Clause 1 Article 57 as follows:

“c) A copy of documents proving the organizational structure and list of employees who have been granted appropriate professional certificates and licenses;”

b) To amend and supplement Point d Clause 1 Article 57 as follows:

“d) The original or a certified electronic copy (in case of sending the dossier in the electronic environment) of the capital confirmation document;”

c) To amend and supplement Clause 2 Article 57 as follows:

“2. Within 10 days from the date of receiving a complete dossier as specified, the Ministry of Transport shall organize the appraisal and grant an airport business license, made according to the Form No. 06 in the Appendix issued together with this Decree and send the results directly or by post or in the electronic environment or by other suitable methods to the requestor. In case of refusal to grant the license, it shall send a written reply to the requestor, clearly stating the reasons.”

d) To amend and supplement Clause 4 Article 57 as follows:

“4. The organization shall send 01 dossier of request for re-grant of the airport business license directly or by post or in the electronic environment or by other suitable methods to the Ministry of Transport and shall be responsible for the accuracy and truthfulness of information provided in such dossier. Such a dossier must comprise:

a) A written request for re-grant of license, made according to Form No. 05 in the Appendix issued together with this Decree;

b) A copy of relevant documents in case of change of license contents (if any).”

dd) To amend and supplement Clause 5 Article 57 as follows:

“5. For cases of request for re-grant of licenses due to the change of contents: Within 05 working days from the date of receiving a complete dossier as specified, the Ministry of Transport shall re-grant the airport business license and send the results directly or by post or in the electronic environment or by other suitable methods to the requestor. In case of refusal to re-grant the license, it shall send a written reply to the requestor, clearly stating the reasons.”

e) To amend and supplement Clause 6 Article 57 as follows:

“6. For cases of request for re-grant of licenses due to loss or damage: Within 03 working days from the date of receiving a request, the Ministry of Transport shall be responsible for considering and deciding to re-grant the license and send the results directly or by post or in the electronic environment or by other suitable methods to the requestor. In case of refusal to re-grant the license, it shall send a written reply to the requestor, clearly stating the reasons.”

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

a) To amend and supplement Clause 1 Article 59 as follows:

“1. The organization that manages and employs personnel controlling and operating aviation equipment and vehicles in restricted areas of an airport or airfield shall send 01 dossier of request for first-time grant of licenses to control and operate aviation equipment or vehicles in restricted areas of an airport or airfield for personnel to the Civil Aviation Authority of Vietnam directly or by post or in the electronic environment or by other suitable methods. Such a dossier must comprise:

a) A written request for grant of a license attached with a list of proposed employees, made according to the Form No. 07 in the Appendix issued together with this Decree;

b) Personal information form of the requestor, made according to the Form No. 08 in the Appendix issued together with this Decree, with one 3 cm x 4 cm color portrait photo (for cases of submitting it directly or by post or by other suitable methods), or digitized 3 cm x 4 cm color portrait photo (for cases of submitting it in the electronic environment). The photo must be taken no more than 6 months prior to the date of dossier submission;

c) A copy of appropriate road motor vehicle driving license (for vehicle-driving personnel);

d) A copy of professional certificate as prescribed.”

b) To amend and supplement Clause 2 Article 59 as follows:

“2. Within 18 days from the date of receiving a complete dossier as specified, the Civil Aviation Authority of Vietnam shall appraise the dossier, organize the examination and decide to grant licenses to control and operate aviation equipment or vehicles in restricted areas of an airport or airfield for personnel and send the results directly, or by post, or in the electronic environment or by other suitable methods to the requesting organization. In case of refusal to grant licenses, the Civil Aviation Authority of Vietnam shall issue a written notice, clearly stating the reasons.”

c) To amend and supplement Clause 4 Article 59 as follows:

“4. Re-grant for cases in which the validity period of licenses is less than 60 days or the licenses expire

a) Such a dossier must comprise: documents specified at Points a, b, c Clause 1 of this Article and copies of documents proving that employees participate in periodical training or rehabilitation training courses according to regulations;

b) Within 18 days from the date of receiving a complete dossier as specified, the Civil Aviation Authority of Vietnam shall appraise the dossier, organize the examination and decide to grant licenses to control and operate aviation equipment or vehicles in restricted areas of an airport or airfield for personnel and send the results directly, or by post, or in the electronic environment or by other suitable methods to the requesting organization. In case of refusal to re-grant licenses, the Civil Aviation Authority of Vietnam shall issue a written notice, clearly stating the reasons.”

d) To amend and supplement Clause 5 Article 59 as follows:

“5. For cases of re-grant of licenses due to loss or damage

a) Such a dossier must comprise: Documents specified at Point a Clause 1 of this Article and one 3 cm x 4 cm color portrait photo (for cases of submitting it directly or by post or by other suitable methods), or digitized 3 cm x 4 cm color portrait photo (for cases of submitting it in the electronic environment). The photo must be taken no more than 6 months prior to the date of dossier submission;

b) Within 05 working days from the date of receiving a complete dossier as specified, the Civil Aviation Authority of Vietnam shall decide to re-grant licenses to control and operate aviation equipment or vehicles in restricted areas of an airport or airfield for personnel and send the results directly, or by post, or in the electronic environment or by other suitable methods to the requesting organization. In case of refusal to re-grant licenses, the Civil Aviation Authority of Vietnam shall issue a written notice, clearly stating the reasons.”

dd) To amend and supplement Clause 6 Article 59 as follows:

“6. For cases of re-grant of licenses due to change in employment of aviation personnel

a) Such a dossier must comprise: Documents specified at Point a Clause 1 of this Article and one 3 cm x 4 cm color portrait photo (for cases of submitting it directly or by post or by other suitable methods), or digitized 3 cm x 4 cm color portrait photo (for cases of submitting it in the electronic environment). The photo must be taken no more than 6 months prior to the date of dossier submission); a copy of the decision on termination of labor contract of the previous employer, a copy of the labor contract of the employing organization and a copy of the valid license granted by the Civil Aviation Authority of Vietnam, for cases where there is a change in employment of aviation personnel;

b) Within 05 working days from the date of receiving a complete dossier as specified, the Civil Aviation Authority of Vietnam shall decide to re-grant licenses to control and operate aviation equipment or vehicles in restricted areas of an airport or airfield for personnel and send the results directly, or by post, or in the electronic environment or by other suitable methods to the requestor. In case of refusal to re-grant licenses, the Civil Aviation Authority of Vietnam shall issue a written notice, clearly stating the reasons.”

e) To amend and supplement Clause 7 Article 59 as follows:

“7. The requesting organization shall send a dossier of request for grant of ratings of licenses to control and operate aviation equipment or vehicles in restricted areas of an airport or airfield for personnel directly, or by post, or in the electronic environment or by other suitable methods to the Civil Aviation Authority of Vietnam. Such a dossier must comprise:

a) A written request for additional grant of the rating and list of requesting personnel, made according to the Form No. 07 in the Appendix issued together with this Decree;

b) A copy of appropriate road motor vehicle driving license (for vehicle-driving personnel), and one 3 cm x 4 cm color portrait photo (for cases of submitting it directly or by post or by other suitable methods), or digitized 3 cm x 4 cm color portrait photo (for cases of submitting it in the electronic environment). The photo must be taken no more than 6 months prior to the date of dossier submission);

c) A copy of professional certificate as prescribed.

Within 03 working days from the date of receiving a complete dossier as specified, the Civil Aviation Authority of Vietnam shall appraise the dossier and decide to additionally grant ratings and send the results directly or by post or in the electronic environment or by other suitable methods to the requesting organization. In case of refusal of grant, the Civil Aviation Authority of Vietnam shall issue a written notice, clearly stating the reasons.”

12. Replace the phrase “or by other suitable methods” with the phrase “or in the electronic environment or by other suitable methods” in Clause 1 Article 52; Clause 2 Article 53; Clause 1 Article 55; Clause 1 Article 57; Clause 1 Article 60.

13. Replace the phrase “or send a written notice on the reason for refusal to grant the certificate to the requestor” with the phrase “and send the results directly, or by post, or in the electronic environment or by other suitable methods to the requesting organization; in case of refusal to grant the certificate, it shall send a written notice to the requestor, clearly stating the reasons.” in Clause 2 Article 60.

14. To annul Point b Clause 1 Article 57.

Article 4. Effect

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

2. To annul the Government’s Decree No. 07/2019/ND-CP dated January 23, 2019 on amending and supplementing a number of articles of the Government’s Decree No. 68/2015/ND-CP dated August 18, 2015 on defining the registration of nationality of and rights to aircrafts (hereinafter referred to as Decree No. 07/2019/ND-CP).

3. Dossiers of administrative procedures that have been sent to the Civil Aviation Authority of Vietnam before the effective date of this Decree shall continue to comply with Decree No. 68/2015/ND-CP; Decree No. 07/2019/ND-CP; Decree No. 92/2016/ND-CP; Decree No. 89/2019/ND-CP; Decree No. 05/2021/ND-CP.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces, centrally-run cities shall take responsibility for the implementation of this Decree./.

 

 

ON BEHALF OF THE GOVERNMENT

FOR THE PRIME MINISTER

DEPUTY PRIME MINISTER

 

 

Le Van Thanh

 

* All Appendices are not translated herein.

 

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