Decree No. 92/2016/ND-CP dated July 1, 2016 of the Government providing for conditional business sectors or activities in the civil aviation industry

DECREE

Prescribing the conditional business lines in civil aviation[1]

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

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

Pursuant to the November 26, 2014 Investment Law;

At the proposal of the Minister of Transport;

The Government promulgates the Decree prescribing the conditional business lines in civil aviation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes conditional business lines in 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 lines in 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/ Enterprises currently engaged in conditional business lines in civil aviation and wishing to add another conditional business line specified in this Decree may use their financial statements with unqualified audit opinions for 2 years prior to the time of application or written bank guarantees as capital certification documents.

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. Air transportation business conditions            

1. Being conformable with the master plan on air transport development.

2. Satisfying the conditions on plans to ensure availability of aircraft for operation, apparatus, capital, business plans and product development strategies prescribed in Articles 6, 7, 8 and 9 of this Decree.

3. Being granted air transportation business licenses by the Ministry of Transport after being permitted by the Prime Minister.

4. The provisions of this Chapter do not apply to the professional training of flight crew members and trainers.

Article 6. Conditions on plans to ensure availability of aircraft for operation

1. A plan to ensure availability of aircraft for operation for 5 years from the expected date of business commencement must have the following details:

a/ Quantity, types and age of aircraft;

b/ Mode of possession (purchase, hire-purchase or charter);

c/ Plan on operation, maintenance and human resources to operate and maintain aircraft;

d/ Capital sources to ensure possession of aircraft.

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

a/ For aircraft for passenger carriage: The age of an aircraft must not exceed 10 years, counting from the date of ex-work to the time of import into Vietnam under the purchase or hire-purchase contract; or must not exceed 20 years, counting from the date of ex-work to the time of expiration of the charter contract. For helicopters, the age must not exceed 25 years, counting from the date of ex-work to the time of expiration of the charter contract;

b/ For aircraft for carriage of cargoes, postal parcels and items and engaged in commercial general aviation: The age of an aircraft must not exceed 15 years, counting from the date of ex-work to the time of import into Vietnam under the purchase or hire-purchase contract; or must not exceed 25 years, counting from the date of ex-work to the time of expiration of the charter contract;

c/ For aircraft other than those specified at Points a and b, Clause 2 of this Article: The age of an aircraft must not exceed 20 years, counting from the date of ex-work to the time of import into Vietnam under the purchase or hire-purchase contract; or must not exceed 30 years, counting from the date of ex-work to the time of expiration of the charter contract.

3. The quantity of aircraft maintained throughout the course of operation for air transportation must be at least 3 for air carriage business or 1 aircraft for general aviation business; the quantity of aircraft chartered with flight crew up to the end of the second year of operation must not exceed 30% of the aircraft fleet.  

4. There are aircraft for which aircraft type certificates are granted by the USA’s Federal Aviation Administration (FAA) or European Aviation Safety Agency (EASA) or Vietnam Aviation Administration.

Article 7. Conditions on apparatus

1. Having an apparatus to operate the safety and security management system, operate and maintain aircraft, provide flight training, perform ground operation, develop products and marketing and sell air carriage and general aviation services in accordance with the law on civil aviation; and a financial payment system.

2. Persons appointed to take charge of the safety and security management system, aircraft operation and maintenance and flight training must have at least three consecutive years’ working experience in the fields they are in charge of, and possess relevant degrees and certificates granted or recognized in accordance with the law on civil aviation.

3. At-law representatives of enterprises engaged in air transportation business must be Vietnamese citizens.

4. For foreign-invested enterprises, the number of foreign members of the executive apparatus of such an enterprise must not exceed one-third of total members of the executive apparatus. An executive apparatus must be composed of:

a/ General director (director) and deputy general directors (deputy directors);

b/ Chief accountant;

c/ Persons in charge of the safety management system; aircraft operation; aircraft maintenance; flight crew training; ground operation; product development; marketing and sale of air carriage services.

Article 8. Capital conditions

1. The minimum capital level for an enterprise engaged in air carriage business to be established and maintain its business operation:

a/ If the enterprise operates up to 10 aircraft: VND 700 billion, if it is also engaged in international air carriage; VND 300 billion, if it is only engaged in domestic air carriage;

b/ If the enterprise operates between 11 and 30 aircraft: VND 1,000 billion, if it is also engaged in international air carriage; VND 600 billion, if it is only engaged in domestic air carriage;

c/ If the enterprise operates more than 30 aircraft: VND 1,300 billion, if it is also engaged in international air carriage; VND 700 billion, if it is only engaged in domestic air carriage.

2. The minimum capital level for an enterprise engaged in general aviation business to be established and maintain its business operation is VND 100 billion.

3. A foreign-invested air transportation enterprise must satisfy the following conditions:

a/ The foreign party holds no more than 30% of the charter capital;

b/ At least one Vietnamese individual or legal person holds the biggest charter capital share. In case the Vietnamese legal person is a foreign-invested one, the foreign capital contribution must account no more than 49% of its charter capital.

4. Shares or capital contributions in a foreign-invested air transportation enterprise may only be transferred to foreign investors after 2 years from the date such enterprise is granted an air transportation business license.

The enterprise shall send its proposal on transfer of shares or capital contributions to foreign investors to the Civil Aviation Authority of Vietnam, clearly stating the investors to receive transferred capital, transfer conditions, number of shares or capital contributions to be transferred, plan to develop the aircraft fleet, business plan and development strategy as prescribed in Clause 1, Article 9 of this Decree (if any).

Within 5 working days after receiving the proposal from the enterprise, the Civil Aviation Authority of Vietnam shall report appraisal results to the Ministry of Transport.

Within 5 working days after receiving a report on appraisal results from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall consider and notify its approval or disapproval to the enterprise, clearly stating the reason.

Article 9. Business plan and development strategy

1. A business plan and development strategy of an enterprise must have the following contents:

a/ Assessment of the market demand and development trend;

b/ Assessment of the practical status and competitiveness of services to be marketed;

c/ Strategy for development of air carriage products, strategy for development of aircraft fleet and plan on business development for the first 5 years from the date of operation commencement.

2. Based on the master plan on air transport development approved by the Prime Minister, the Ministry of Transport shall direct the Civil Aviation Authority of Vietnam and airlines shall make, report on, and implement their detailed plans every 5 years on the following principles:

a/ Being conformable with the national socio-economic development strategy and transport development strategies, master plans and plans;

b/ Ensuring synchronous development of airports, airfields, flight activities, means of transport and resources to ensure the capacity of airlines to operate and maintain aircraft, capacity of aviation authorities to supervise safety; environmental protection and sustainable development;

c/ Ensuring fair and equal competition among airlines and harmonious development of air carriage services.

Article 10. Procedures for grant of air carriage business licenses and general aviation business licenses

1. An applicant for an air carriage business license or a general aviation business license shall send one dossier set directly or by post or another appropriate mode to the Civil Aviation Authority of Vietnam and take responsibility for the accuracy and truthfulness of information in such dossier.

2. A dossier of application for a license must comprise:

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

b/ The original capital certification document;

c/ A diagram of the organizational apparatus of the enterprise;

d/ Certified copies of the appointment decisions, labor contracts, professional degrees and certificates of persons in charge of professional activities specified in Article 7 of this Decree;

dd/ The on-principle contract or agreement on aircraft purchase, hire-purchase or charter;

e/ The operation charter of the enterprise.

3. Within 30 days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall report appraisal results to the Ministry of Transport.

In case the dossier is invalid, within 3 working days after receiving it, the Civil Aviation Authority of Vietnam shall reply in writing the applicant and guide the completion of the dossier as prescribed.

4. Within 15 days after receiving a report on appraisal results from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall consider and submit it to the Prime Minister. In case it does not accept the appraisal results, it shall reply in writing the Civil Aviation Authority of Vietnam, clearly stating the reason.

5. Within 10 days after receiving a report submitted by the Ministry of Transport, the Prime Minister shall consider and permit the Ministry of Transport to grant an air carriage business license or a general aviation business license.

6. Within 5 working days after receiving the permission from the Prime Minister, the Ministry of Transport shall grant a license, made according to form No. 02 provided in the Appendix to this Decree.

7. Within 5 working days after being granted a license, an air transportation enterprise shall publicize the license contents on 3 consecutive newspaper issues.

Article 11. Procedures for re-grant of air carriage business licenses and general aviation business licenses

1. An air carriage business license or a general aviation business license may be re-granted in case it is lost, torn, damaged or has its contents changed.

2. An air transport enterprise shall send one dossier set for re-grant of its license directly or by post or another appropriate mode to the Civil Aviation Authority of Vietnam and take responsibility for the accuracy and truthfulness of information in its dossier. Such a dossier must comprise:

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

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

3. For a license to be re-granted due to change in its contents (except for the case specified in Clause 5 of this Article):

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

b/ 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.

4. For a lost, torn or damaged license to be re-granted:

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

b/ Within 2 working days after receiving a report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall consider and grant the license according to form No. 02 provided in the Appendix to this Decree.

5. A re-granted license must have a clause revoking the lost, torn or damaged license or license with changed contents. In case of refusal to re-grant a license, the Ministry of Transport shall notify its refusal to the Civil Aviation Authority of Vietnam for reply to the requester, clearly stating the reason.

Article 12. Revocation of air carriage business licenses and general aviation business licenses

1. An enterprise shall have its air carriage business license or general aviation business license revoked in the following cases:

a/ It fails to maintain the minimum capital in the course of operation;

b/ It has intentionally falsified information in the dossier of application for the license;

c/ It fails to commence the air transport business operation within 18 months after being granted the license;

d/ It has ceased its air transportation business for 12 consecutive months;

dd/ It is not granted an aircraft operator certificate within 18 months after it is granted the licensed;

e/ Its aircraft operator certificate has been revoked for more than 12 months without being re-granted a new one;

g/ It is operating for improper purposes or not according to the contents of its license;

h/ It intentionally violates the provision of Clause 4, Article 8; Clause 2, Article 9; or Claus 7, Article 10 of this Decree;

i/ It seriously violates the regulations on security and national defense;

k/ It seriously violates the regulations on aviation security and safety, organization of the executive apparatus, air transportation and general aviation business;

l/ It terminates its operation in accordance with law or requests revocation of its license;

m/ It no longer fully satisfies the conditions for being granted a license as prescribed by law.

2. In case a license is to be revoked, the Ministry of Transport shall issue a decision to revoke the license while the licensed enterprise shall immediately terminate its air transportation business.

3. An organization or individual may request re-grant of its/his/her license after 1 year from the date of revocation of its/his/her license.

Chapter III

COMMERCIAL OPERATION OF AIRPORTS AND AIRFIELDS

Article 13. Conditions for commercial operation of airports and airfields

1. Obtaining approval of the Minister of Transport in case of establishment of an airport enterprise or transfer of shares or capital contributions of an airport enterprise to foreign investors.

2. Being granted an airport or airfield commercial operation license when satisfying the conditions prescribed in Article 14 of this Decree.

Article 14. Conditions for grant of an airport commercial operation license to an enterprise

1. Having a business plan and a development strategy of the enterprise which have the following contents:

a/ Its organizational apparatus and employees, who are granted licenses or certificates, satisfy the professional requirements for airport operation in accordance with the law on civil aviation;

b/ Its equipment system and conditions can ensure aviation safety and security in accordance with the law on civil aviation.

2. Satisfying the following capital conditions:

a/ The minimum capital amount for establishment and maintenance of an airport enterprise is VND 100 billion if it is engaged in commercial operation of domestic airports, or VND 200 billion if it is engaged in commercial operation of international airports;

b/ Foreign investors hold no more than 30% of the charter capital of the enterprise.

Chapter IV

COMMERCIAL PROVISION OF AVIATION SERVICES

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

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

a/ Passenger terminal operation service;

b/ Aeronautical zone 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 airfields, except the cases specified in Clauses 3 and 4 of this Article.

3. The flight zone 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 licenses for provision of aviation services at airports and airfields

1. The provision of aviation services at airports and airfields must conform to detailed plans on such airports and airfields and be suitable to the capacity of airport and airfield infrastructure.

2. An enterprise wishing to provide aviation services at an airport or airfield must:

a/ Have an organizational apparatus capable of ensuring the provision of related aviation services at the airport or airfield in accordance with the law on civil aviation;

b/ Have employees who possess appropriate licenses or certificates and satisfy professional and operation requirements for working at the airport or airfield as prescribed by the law on civil aviation;

c/ Satisfy the conditions and specialized technical regulation and standards on assurance of aviation safety and security, fire and explosion prevention and fighting and environmental protection in accordance with the law on civil aviation and other relevant laws;

d/ Satisfy the capital condition prescribed in Article 17 of this Decree.

Article 17. Capital conditions            

1. The minimum capital amount for establishment and maintenance of an enterprise providing aviation service at an airport or airfield:

a/ For the provision of passenger terminal operation service: VND 30 billion;

b/ For the provision of cargo terminal and warehouse operation service: VND 30 billion;

c/ For the provision of petrol and oil supply service: VND 30 billion.

2. For an enterprise providing passenger terminal operation, cargo terminal operation, petrol and oil supply, aeronautical zone operation or ground technical-commercial service, the capital contributions of foreign individuals and organizations must not exceed 30% of its charter capital.

Article 18. Procedures for grant of licenses for provision of aviation services at airports and airfields

1. An applicant for grant of a license for provision of aviation services at an airport or airfield shall send one dossier set 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/ An application for a license, made according to form No. 03 provided in the Appendix to this Decree;

b/ The original capital certification document;

c/ Copies of documents proving that the organizational apparatus and employees, who possess appropriate certificate, satisfy the professional requirements for operation at the airport or airfield;

d/ Documents proving the satisfaction of the conditions and specialized technical regulations and standards for assurance of aviation safety and security, fire and explosion prevention and fighting and environmental protection.

2. Within 15 days after receiving a complete dossier of application for a license provision of aviation services at an airport or airfield as prescribed, the Civil Aviation Authority of Vietnam shall grant a license according to form No. 04 provided in the Appendix to this Decree. In case of refusal to grant a license, it shall reply in writing 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 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 airfields

1. A license for provision of aviation services at an airport or airfield 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 airfield 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 airfield. 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 airfields

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 airfield 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 airfields 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 equipment maintenance services in Vietnam

1. An organization providing aircraft, aircraft propeller and equipment maintenance services in Vietnam must obtain a certificate of approval of maintenance service provider.

2. Conditions for grant of a certificate of approval to a maintenance service provider:

a/ Having a maintenance staff who have been professionally trained in aviation safety according to their assigned tasks and responsibilities;

b/ Having testing equipment and tools for use in the manufacturing process or for determination of airworthiness which are calibrated to meet the accredited standards and can be traced back to the standards of the organizations designing such equipment and tools;

c/ Having documents explaining the organization of maintenance;

d/ Having an executive apparatus composed of persons who have been appropriately trained in civil aviation for the positions of in-field maintenance manager, out-field maintenance manager, equipment maintenance workshop manager and quality control manager.

3. The conditions prescribed in Clause 2 of this Article must meet the specialized technical regulations and standards in civil aviation.

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

Article 22. Conditions of an establishment designing, manufacturing or testing aircraft, aircraft engines, propellers and equipment in Vietnam

1. Having facilities for designing, manufacturing or testing aircraft, aircraft engines, propellers and equipment in Vietnam approved by the Civil Aviation Authority of Vietnam to fully meet the requirements on organizational apparatus; physical foundation; working conditions; designing, manufacturing, maintaining and testing processes; materials to be used; and staff according to specialized technical regulations and standards of civil aviation.

2. This Article applies to cases of designing, manufacturing or testing aircraft, aircraft engines, propellers and equipment in Vietnam under type certificates granted by the Civil Aviation Authority of Vietnam.

Chapter VI

PROVISION OF FLIGHT ACTIVITY ASSURANCE SERVICES

Article 23. Conditions for provision of flight activity assurance services

1. Having facilities to provide flight activity assurance services and technical systems and equipment for which an operation license is granted by the Civil Aviation Authority of Vietnam when meeting the requirement that their technical systems, equipment and operation process are up to the specialized technical regulations and standards of civil aviation.

2. Satisfying the following capital condition:

a/ An enterprise providing air traffic control, aviation communications or search and rescue service must have 100% state capital;

b/ An enterprise providing communications, navigation and surveillance service or aero-meteorological observation service must have a state capital amount accounting for at least 65% of its charter capital and foreign capital contributions accounting for up to 30% of its charter capital.

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. Minimum requirements on classrooms, equipment and practice facilities of professional aviation staff training establishments

1. Practice facilities and rooms must have appropriate areas and spaces suitable to equipment and machinery used therein and ensure minimum conditions as prescribed for vocational education establishments.

2. Requirements on equipment for professional training in a number of specialties:

a/ For professional training of flight crew members, flight instructors: There are aircraft for training, cockpit simulators, equipment for pilot check and physical training;

b/ For professional training of flight attendants: There are model aircraft cabins fully equipped with security, safety, emergency alert, first-aid and air circulation systems and on-board passenger service tools licensed or approved by the Civil Aviation Authority of Vietnam;

c/ For professional training of aircraft and aircraft equipment maintenance and repair staff: There are training-aid aircraft equipped with working electric, electronic and communications equipment; mechanical, electric, electronic and information technology practice devices and aircraft structure diagrams suitable to professional training programs;

d/ For professional training of air traffic control staff: There are systems for simulation training for air traffic controllers (except for those performing the task of flight procedures, flight notification - coordination, signaling) suitable to professional training programs;

dd/ For professional training of aviation communications, navigation and surveillance staff: There are sufficient equipment for practice suitable to professional training programs;

e/ For professional training of aviation security officers: There are equipment or hypothetical models and software for training in security screening of passengers, luggage and cargoes; and detection of weapons, supporting tools and dangerous articles; practice workshops furnished with training aids suitable to professional training programs;

g/ For professional training of aviation information staff: There are information and data systems and sufficient equipment for practical training suitable to professional training programs;             

h/ For professional training of aero-meteorological staff: There are equipment and information and data systems suitable to professional training programs;              

i/ For professional training of flight dispatchers and operations officers: There are documents relating to functions and technical specifications of aircraft types in operation, flight regulation and operation software; equipment for practical training and information and data systems suitable to contents of professional training systems, and other documents meeting requirements of the International Civil Aviation Organization (ICAO);

k/ For professional training of staff controlling and operating aviation equipment and vehicles operating in restricted areas of airports and airfields: There are equipment and vehicles for practical training, training grounds, operating manuals of equipment and vehicles suitable to professional training programs;

l/ For professional training of flight service ground operation staff: There are equipment, documents, information and data systems, software instructing the practical operation suitable to professional training programs and operation instruction documents;

m/ For professional training of civil aviation flight procedure designers: There are processes of developing and designing flight procedures and operation of flight procedures, aviation mapping system, information and data systems and equipment to serve flight procedure designing suitable to professional training programs;

n/ For professional training of aviation search and rescue staff: There are an organizational diagram and a model of the aviation search and rescue system and search and rescue organization process; hypothetical situations, video tapes of aviation search and rescue drills; equipment systems, a table of international signs and codes related to civil flights and search and rescue; information and data system to serve aviation search and rescue suitable to professional training programs;

o/ Satisfying specialized technical regulations and standards of civil aviation.

Article 26. Teachers of professional aviation staff training establishments         

1. Professional aviation staff training establishments must have sufficient theory and practice teachers to ensure each aviation study subject has at least 1 teacher. Training establishments may maintain the employment of full-time teachers, part-time teachers or guest teachers for professional aviation training. The number of guest teachers for professional aviation training of a training establishment must not exceed 50% of its total number of teachers for professional aviation training.

2. Criteria of a teacher for professional aviation training:

a/ Satisfying the conditions prescribed by the law on education, training and job training; full-time and part-time teachers must have certificates of professional pedagogic skills;

b/ Satisfying the professional conditions prescribed in relevant legal documents on aviation;

c/ Possessing professional qualification certificates or 5 years’ working experience in professional fields relevant to the subjects they teach.

Article 27. Procedures for grant of certificates of eligibility for professional aviation staff training

1. A professional aviation staff training establishment shall send one dossier set 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 eligibility for professional aviation staff training, made according to form No. 05 provided in the Appendix to this Decree;

b/ A professional aviation staff training program;

c/ A list of full-time and part-time teachers enclosed with copies of their professional degrees and certificates and summaries of their working experience; and a plan on guest teachers, enclosed with copies of agreements between the establishment with such teachers or their managing units;

d/ A report on physical foundation: Classrooms, equipment, facilities or places for practice suitable to training contents;

dd/ A report on theoretical and practical training programs, teaching courses and materials related to different study subjects;

e/ A report on the organizational system, apparatus and managerial officers and the system of documents on management of professional aviation staff training.

2. Within 30 days after receiving a complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall examine the dossier and inspect and appraise the training establishment; request the applicant to additionally explain unclear related contents or modify documents in the dossier; and grant a certificate of eligibility for professional aviation staff training 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, 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. For a certificate with its contents modified or supplemented: Within 20 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 unclear 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

FINAL 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

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

2. This Decree replaces:

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; 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 airfields.

3. The 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.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC