Thông tư 17/2016/TT-BGTVT về quản lý, khai thác cảng hàng không, sân bay

THE MINISTRY OF TRANSPORT

Circular No. 17/2016/TT-BGTVT dated June 30, 2016 of the Ministry of Transport on the management and operation of airports and aerodromes

Pursuant to the Law of Vietnam Civil Aviation dated June 29, 2006 and the Law on amendments to certain articles of the Law of Vietnam Civil Aviation dated November 21, 2014;

Pursuant to the Law of land dated November 29, 2013;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 on details and guidelines for the implementation of certain articles of the Law of land;

Pursuant to the Government’s Decree No. 66/2015/ND-CP dated August 12, 2015 on aviation authorities;

Pursuant to the Government’s Decree No. 102/2015/ND-CP dated October 20, 2015 on the management and operation of airports;

Pursuant to the Government’s Decree No. 107/2012/ND-CP dated December 20, 2012 on the functions, missions, authority and organizational structure of the Ministry of Transport;

At the request of the Head of Department of Transport infrastructure and the Head of Civil Aviation Authority of Vietnam

Minister of Transport elaborates the management and operation of airports and aerodromes.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

1. This Circular prescribes the management and operation of airports and aerodromes that serve civil aviation in Vietnam.

2. Certain contents defined in this Circular shall not apply to special-use aerodromes. Such contents include the planning of airports and aerodromes and the administration of such plans; the management and use of airport land; the requirements for the operation of airports and aerodromes; the management of the construction, renovation, upgrade, maintenance and repair of facilities in airports and aerodromes; the deployment of facilities and temporary shutdown of airports and aerodromes; the management and deployment of aviation equipment and vehicles in airports and aerodromes; the sustenance of airport and aerodrome operations; the precaution against natural disasters, the airport search and rescue; the provision of aviation services in airports and aerodromes.

Article 2.Subject of application

This Circular applies to organizations and individuals concerning civil aviation activities in the airports and aerodromes of Vietnam.

Article 3. Terminology

1. Aerodrome reference point is the marking of an aerodrome’s geographical position.

2. Airfield is an aerodrome s area intended for the landing, take-off and taxiing of aircrafts and includes the landing area and aprons.

3. Apron is a defined area in an aerodrome, intended to accommodate aircraft for purposes of loading or unloading passengers, luggage, mail or cargo, fuelling, catering, technical service or maintenance.

4. Runway is a defined rectangular ground area in the airfield for the landing and take-off of aircraft.

5. Runway-holding position is a designated position of a runway or an ILS/MLS critical area at which taxiing aircraft and vehicles stop and hold for the authorization by an air traffic controller to continue moving, so as to maintain the safe operation of the runway and to not interfere an obstacle limitation surface (OLS),

6. Shoulder is an area adjacent to the edge of a pavement so prepared as to provide a smooth transition between the pavement and the adjacent surface.

7. Aircraft parking position safety clearance envelope is a restricted area bounded by a red line that surrounds the parking location of aircrafts.

8. Specialized aviation vehicles are automobiles that operate in the restricted area and on internal airport road to serve directly an airport’s activities.

9. Internal aerodrome roads are pathways on which vehicles, except aircrafts, travel around the airfield.

10. Internal airport roads are pathways within the boundary of an airport, which do not include the internal aerodrome roads and the roads managed by local authorities.

11. Airport and aerodrome operation literature consist of the documents on the operation of the aerodrome and the infrastructural facilities of the airport and aerodrome.

12. Facility operators are organizations and individuals directly managing and operating the facilities in an airport or aerodrome.

13. Acronyms

CAN stands for Aircraft Classification Number.

AIP stands for Aeronautical Information Publication.

ASDA stands for Accelerate - Stop Distance Available.

IATA stands for International Air Transport Association.

ICAO stands for International Civil Aviation Organization. ISL stands for Instrument Landing System.

LDA stands for Landing Distance Available.

MLS stands for Microwave Landing System.

PCN stands for Pavement Classification Number.

TODA stands for Take-off Distance Available.

TORA stands Take-off Run Available.

WGS stands for World Geodetic System.

Chapter II

AIRPORT AND AERODROME PLANNING AND PLAN MANAGEMENT

Article 4. Assigning and approval of the formulation and modification of general plans for development of the national system of airports and aerodromes

1. The formulation and modification of general plans for development of the national system of airports and aerodromes comprise:

a) Legal basis and imperativeness;

b) Grounds and fundamentals of the scope, objectives, development orientation and planning deadline;

c) General forecast of the demand for air transport and for the development of relevant industries and the entire country’s economic and social conditions;

d) Requirements for data collection, analysis, situation evaluation, orientation of the development of civil air transport, technical infrastructure and strategic environment assessment;

dd) Determination of development criteria and functions of each airport; specific requirements for planning of flight route network, aircraft fleet, air navigation management, aviation industry, resources and training institutions, aviation companies, potentials and impetus of development by period;

e) Listing and quantifying of documents and products;

g) Determination of solutions, scheduling and implementation;

h) Estimation and sourcing of expenditure for planning.

2. Civil Aviation Authority of Vietnam and Ministry of Transport shall be responsible for assigning and approving, respectively, the formulation and modification of general plans for development of the national system of airports and aerodromes.

Article 5. Assigning and approval of the formulation and modification of elaborate plans of airports and aerodromes

1. The formulation and modification of elaborate plans of airports and aerodromes comprise:

a) Grounds, scope and limitation of the formulation and modification of elaborate plans of airports and aerodromes, fundamentals, objectives and missions of the planning process;

b) Determination of properties and roles of airports and aerodromes. Preliminary forecast of properties and scale of airports and aerodromes, of basic norms on land and technical infrastructure;

c) Determination of requirements, surveying and evaluation of current circumstances, natural and topographic conditions of areas for orienting runways and establishing flight modes;

d) Determination of requirements, scope and workload of topographic and geological surveying of the areas planned specifically for airports and aerodromes;

dd) Requirements for strategic environment assessment and other requirements commensurate with specific development targets of the areas;

e) Listing and quantifying of documents and products, scheduling and implementation;

g) General estimation and sourcing of expenditure for planning.

2. Civil Aviation Authority of Vietnam and Ministry of Transport shall be responsible for assigning and approving, respectively, the formulation and modification of elaborate plans of airports and aerodromes.

Article 6. Assigning and approval of the formulation and modification of detailed plans for construction of functional areas in airports and aerodromes

1. The formulation and modification of detailed plans for construction of functional areas in airports and aerodromes:

a) Determine the boundary and size of the areas or revise the detailed plan; determine norms for land use and technical infrastructure;

b) Define the basic principles of the analysis and evaluation of natural and existing conditions; define the maximum height of buildings; assure that the organization of space, landscape and technical infrastructure to adhere to the elaborate plans of the airports and aerodromes;

c) List and quantify documents and products; schedule and carry out the tasks;

d) Make the general cost estimate and source finances for planning the details of the construction of functional areas in airports and aerodromes.

2. Civil Aviation Authority of Vietnam shall be responsible for approving the assignment of formulating and modifying the detailed plans for construction of functional areas in airports and aerodromes.

Article 7. Allocation of finances from domestic and foreign sponsors on the planning of airports and aerodromes.

1. The finances sponsored by domestic and foreign organizations and individuals for the planning of airports and aerodromes shall be voluntary and not refundable in cash.

2. Civil Aviation Authority of Vietnam shall announce the list of airport and aerodrome planning assignments in need of financial sponsorship beyond the state budget according to the demand for planning and the capacity of the state budget.

3. Civil Aviation Authority of Vietnam shall receive, manage and appropriate efficiently the finances sponsored for general planning of the development of the national airport and aerodrome system, for elaborate planning of airports and aerodromes and for detailed planning of the construction of functional areas in airports and aerodromes pursuant to the laws.

Article 8. Procedure for formulating, modifying and submitting general plans for development of the national system of airports and aerodromes

1. Civil Aviation Authority of Vietnam shall formulate, revise and submit general plans for development of the national airport and aerodrome system to the Ministry of Transport. An application for approval of a general plan for development of the national airport and aerodrome system shall include:

a) The application form;

b) The documentation of the plan, including the plan description, strategic environment assessment report and relevant drawings;

c) The written recommendations by relevant organizations;

d) The written explanations of relevant organizations’ recommendations;

dd) The number of copies of an application: 15 copies.

2. In 60 days upon its receipt of the full application, Ministry of Transport shall be responsible for inquiring relevant organizations, completing and presenting such application to the Prime Minister for approval.

Article 9. Procedure for formulating, modifying and verifying elaborate plans of airports and aerodromes

1. Civil Aviation Authority of Vietnam shall formulate, revise and submit elaborate plans of airports and aerodromes to the Ministry of Transport. An application for approval of an elaborate plan of an airport or aerodrome shall include:

a) The application form;

b) The documentation of the plan, including the plan description and relevant drawings;

c) The written recommendations by relevant organizations;

d) The written explanations of relevant organizations’ recommendations;

dd) The number of copies of an application: 15 copies.

2. In 45 days upon its receipt of the full application, the Ministry of Transport shall be responsible for inquiring relevant organizations, verify and approve the elaborate plans of the airports and aerodromes.

Article 10. Procedure for formulating, modifying and approving detailed plans for construction of functional areas in airports and aerodromes

1. Civil Aviation Authority of Vietnam shall be responsible for formulating, revising and approve detailed plans for construction of functional areas in airports and aerodromes.

2. An application for approval shall include:

a) The application form;

b) The documentation of the plan, including the plan description and relevant drawings;

c) The written recommendations by relevant organizations;

d) The written explanations of relevant organizations’ recommendations;

Article 11. Public disclosure of airport and aerodrome plans

1. In 30 days upon its approval, a plan of an airport or aerodrome shall be disclosed publicly.

2. Ministry of Transport shall organize the disclosure of general plans for development of the national airport and aerodrome system and cooperate with the relevant provincial People’s Committee in publishing elaborate plans of airports and aerodromes pursuant to the laws.

3. Civil Aviation Authority of Vietnam shall organize the disclosure of detailed plans for construction of functional areas in airports and aerodromes pursuant to regulations.

Article 12. Responsibility of Civil Aviation Authority of Vietnam for plan management

1. Manage the implementation of airport and aerodrome plans.

2. Furnish information from the plans to organizations and individuals upon request.

3. Report to the Ministry of Transport, on annual basis or upon its request, on the implementation of airport and aerodrome plans.

Article 13. Responsibility of airports authorities for plan management

1. Inspect and supervise the implementation of airport and aerodrome plans;

2. Furnish information from the plans to organizations and individuals upon request.

3. Cooperate with local authorities in managing the markings and boundaries of airports and aerodromes according to the plans approved.

4. Report to the Civil Aviation Authority of Vietnam, on annual basis or upon its request, on the implementation of airport and aerodrome plans.

Chapter III

MANAGEMENT AND USE OF LAND IN AIRPORTS AND AERODROMES

Article 14. Determination of land boundary

1. The lands of an airport or aerodrome are composed of:

a) Lands exclusively reserved for civil activities;

b) Lands exclusively reserved for military activities;

c) Lands managed by military agencies and used for both civil and military activities;

d) Lands managed by civil agencies and used for both civil and military activities;

2. Civil Aviation Authority of Vietnam shall lead and cooperate with the Service of Air Defense - Air Force and relevant bodies, according to the elaborate plans of airports and aerodromes as approved by competent authorities, in determining the boundaries of the lands exclusively reserved for civil activities and those managed by civil agencies and used for both civil and military activities, then reporting to the Ministry of Transport and Ministry of National Defense for unanimity and approval pursuant to regulations.

3. Airports authorities shall set the markings of the lands of the airports and aerodromes under their management pursuant to competent authorities approval.

Article 15. Determination and registration of requisite land area upon the formulation and modification of land use plan

1. Civil Aviation Authority of Vietnam shall be responsible for determining and reporting to the Ministry of Transport the land area in need for the construction of an airport or aerodrome, according to the general plan for development of the national system of airports and aerodromes and the elaborate plan for such airport or aerodrome as approved by competent authorities, to apply for registration with the bodies competent to plan national and provincial land use pursuant to the legislation on land.

2. An airports authority shall aggregate the data on requisite land area in a planned year, according to the national and provincial land use plan approved by competent authorities, to construct or expand an airport or aerodrome. Upon the approval of the Ministry of Transport, the airports authority shall apply in writing for registration with the People s Committee of the district, commune or provincial city (referred to as the district-level People s Committee) in which the land area is located 06 months prior to the works from the 01stof January of the planned year that immediately succeeds.

Article 16. Grounds for land allocation and lease

1. The elaborate plan for the airport or aerodrome as approved by competent authorities.

2. The requisite land area indicated in the investment project s documents and the written request for land allocation or land rental.

Article 17. Procedure for land allocation

1. An organization requiring land shall submit 01 application for land allocation to the relevant airports authority by hand, by post or by other methods. The application for land allocation includes:

a) The application form defined in Form No. 01 annexed to this Circular;

b) The copy of the certificate of business registration if the applicant is a company providing aviation or non-aviation services in the airport or aerodrome;

c) The certified copies of the written approval of the investment proposal, the decision on investment approval and the certificate of investment registration;

d) The extract of the cadastral map or the cadastral extract of the land parcel.

2. If the application is insufficient or invalid, the airports authority shall, in no more than 03 working days upon receiving such application, inform and guide the applicant to supplement and complete the documents as per regulations.

3. In no more than 05 working days upon receiving the valid application, the airports authority shall issue in writing an explained rejection or an approval of land allocation via Form No. 02 annexed to this Circular; deliver the land area on-site and make the allocation record via Form No. 04 annexed to this Circular.

4. In no more than 05 working days upon the approval of land allocation, the airports authority shall be responsible for sending the written approval, the extract of the cadastral map or the cadastral extract of the land parcel to the Civil Aviation Authority of Vietnam and the relevant land registry office to update and revise the cadastral archive and land database.

Article 18. Procedure for rental of non-auctioned land

1. An organization or individual requiring land shall submit 01 application to the relevant airports authority by hand, by post or by other appropriate methods. The application for land rental includes:

a) The application form defined in Form No. 01 annexed to this Circular;

b) The certified copies of the written approval of the investment proposal, the decision on investment approval and the certificate of investment registration;

c) The copy of the certificate of business registration if the applicant is a company providing aviation or non-aviation services in the airport or aerodrome;

d) The extract of the cadastral map or the cadastral extract of the land parcel.

2. If the application is insufficient or invalid, the airports authority shall, in no more than 03 working days upon receiving such application, inform and guide the applicant to supplement and complete the documents as per regulations.

3. In no more than 03 working days upon receiving the valid application, the airports authority shall send the cadastral data to the relevant tax agency to determine the base land rent or issue in writing the explained rejection to the applicant.

4. In no more than 05 working days upon receiving the tax agency’s notice of base land rent, the airports authority shall issue the written approval of land lease via Form No. 03 annexed to this Circular; deliver the land area on-site and make the delivery record via Form No. 04 annexed to this Circular; and sign the land rent contract as defined in Form No. 05 annexed to this Circular.

5. In no more than 05 working days upon the approval of land lease, the airports authority shall be responsible for sending the written approval, the extract of the cadastral map or the cadastral extract of the land parcel to the Civil Aviation Authority of Vietnam and the relevant land registry office to update and revise the cadastral archive and land database.

Article 19. Lease of land through auction of land use rights

1. Airports authorities shall be responsible for leasing land by auctioning land use rights pursuant to the laws.

2. Airports authorities shall validate the winning bidders for land use rights then send the written approval of winning bidders and the extracts of the cadastral maps of the land parcels to the Civil Aviation Authority of Vietnam and the relevant land registry office to update and revise the cadastral archive and land database. In addition, the airports authorities shall sign land rent contracts with the winning bidders.

Article 20. Extension of lease term

1. The extension of lease term shall be subject to the elaborate plan for the airport or aerodrome as approved by competent authorities and the land user’s demand.

2. The land user shall, at least 06 months prior to the expiry of the lease, submit 01 application to the airports authority by hand, by post or by other appropriate methods. The application includes:

a) The form of application for land lease extension;

b) The originals of the written approval of land lease and the lease contract; the written evidences of the fulfillment of financial obligations regarding the land as per the laws;

c) The competent body’s written revision to the relevant investment project if such revision changes the duration of the project (if applicable);

d) The competent body’s written decision on extension of the investment project s duration.

3. If the application is insufficient or invalid, the airports authority shall, in no more than 03 working days upon receiving such application, inform and guide the applicant to supplement and complete the documents as per regulations.

4. In no more than 03 working days upon receiving the valid application, the airports authority shall send the cadastral data to the relevant tax agency to determine the base land rent or issue in writing the explained rejection to the applicant.

5. In no more than 05 working days upon receiving the tax agency’s notice of base land rent, the airports authority shall issue the written approval of land lease extension and sign a land rent contract with the land user.

6. In no more than 05 working days upon the approval of land lease extension, the airports authority shall be responsible for sending the written approval to the Civil Aviation Authority of Vietnam and the relevant land registration office to update and revise the cadastral archive and land database.

Article 21. Procedure of land revocation for breach of law

1. If a violation of law results in land revocation, the relevant person competent to impose fines shall be responsible for making the written record of such administrative violation as the ground for land revocation upon the expiry of the statute of limitations of the penalty against such violation.

If a violation of the legislation on land does not result in an administrative penalty pursuant to the legislation on penalties against violations of land regulations, the competent inspection agency shall identify and record the act of violation in writing as the ground for land revocation.

2. In no more than 07 days upon making the written record of the violation, the competent inspection agency shall be held responsible for sending such record to the relevant airports authority.

3. In no more than 05 working days upon receiving the written record of the violation, the airports authority shall be responsible for verifying the on-site situation, if necessary, and issuing the written decision to revoke land via Form No. 06 annexed to this Circular.

4. In no more than 05 working days upon the decision on land revocation, the airports authority shall be responsible for sending the written decision and the cadastral map extract or cadastral extract of the land parcel revoked to the Civil Aviation Authority of Vietnam and the relevant land registration office to update and revise the cadastral archive and land database.

Article 22. Procedure of land retrieval for legitimate termination of land use or voluntary return of land

1. An airports authority shall carry out the procedure of land retrieval for legitimate termination of land use or voluntary land return upon its receipt of:

a) The written request for land return from an organization or individual that is using a land parcel allocated, without land use fee, or leased by the airports authority but is going to relocate or no longer requires such land;

b) The decision of a competent authority on the dissolution or bankruptcy of an organization that is using a land parcel allocated, without land use fee, or leased by the airports authority;

c) The death certificate or written announcement, pursuant to the laws, of the death of an individual who is renting a land parcel from the airports authority and a competent authority’s attestation of the absence of inheritor.

2. In no more than 05 working days upon receiving a document defined in Section 1 of this Article, an airports authority shall be responsible for verifying the on-site situation, if necessary, and issuing the written decision to retrieve land via Form No. 06 annexed to this Circular.

5. In no more than 05 working days upon the decision on land retrieval, the airports authority shall be responsible for sending such written decision and the cadastral map extract or cadastral extract of the land parcel retrieved to the Civil Aviation Authority of Vietnam and the relevant land registration office to update and revise the cadastral archive and land database.

Article 23. Management of records of lands of airports and aerodromes

1. Airports authorities shall be responsible for managing the entire records of lands of relevant airports and aerodromes.

2. The records of lands of an airport or aerodrome include:

a) Written decisions on land allocation, certificates of land use rights and ownership of houses and other properties attached to the lands allocated by the provincial People’s Committee to the airports authority for aviation operations of the airport or aerodrome;

b) The applications of the organizations and individuals for land allocation or land rental;

c) Other relevant documents.

Chapter IV

MANAGEMENT AND OPERATION OF AIRPORTS AND AERODROMES

Part 1. REQUIREMENTS FOR OPERATION OF AIRPORTS AND AERODROMES

Article 24. General requirements

1. Airports, aerodromes and infrastructural buildings shall be designed and operated pursuant to ICAO’s standards, standards and technical regulations in effect and this Circular.

2. Literature on operation of airports, aerodromes and infrastructural buildings shall be subject to verification and promulgation as per regulations.

3. Infrastructural buildings of airports and aerodromes shall be subject to periodic and ad hoc examinations and be maintained to meet the design and operation standards and operation materials promulgated.

4. Airport or aerodrome operators shall be responsible for organizing, managing and operating airports and aerodromes; ensuring the safety and security of aviation and the quality of services in adherence to regulated standards and conditions; promulgating and executing aerodrome operation literature.

5. Building operators shall be responsible for managing and operating the buildings under their management; ensuring the safety and security of aviation and the quality of services in adherence with regulated standards and conditions; promulgating and executing the documents on building operation.

6. Airports authorities shall devise plans and define responsibility for the construction and joint management of barriers within the boundaries of airport and aerodrome lands; assign responsibility for the construction and administration of barriers within the boundaries of the lands under the management of the units and companies in airports and aerodromes.

7. Civil Aviation Authority of Vietnam and airports authorities shall be responsible for formulating, retaining and updating technical documents for certification of airport and aerodrome operation and operation of airports and aerodromes. Such documents consist of Vietnamese technical standards and regulations, ICAO s regulations, foreign standards recognized by the Civil Aviation Authority of Vietnam or related to the design, operation and maintenance of aerodrome infrastructure.

8. Civil Aviation Authority of Vietnam shall be responsible for reviewing, evaluating and implementing aerodrome operation safety measures and for notifying ICAO of the differences between the legal regulations of Vietnam and ICAO s standards.

Article 25. Requirements for aerodrome infrastructure

1. Aerodrome infrastructure shall be universally operated for the aerodrome’s activities, except the apron which is synchronized with the aircraft maintenance facility.

2. Airport or aerodrome operators shall be responsible for constructing, managing and maintaining the aerodrome infrastructure under their management in adherence to the laws and aerodrome operation literature.

3. The operation of runways, taxiways and apron shall abide by technical specifications announced and operation safety regulations. Civil Aviation Authority of Vietnam shall promulgate guidelines for the implementation of regulations on the safe operation of runways, taxiways and aprons.

4. Air navigation service providers shall lead and cooperate with airport or aerodrome operators in planning the operation of aircrafts on runways and taxiways and in aprons.

Airport or aerodrome operators shall be responsible for cooperating with air navigation service providers in planning the operation of aircrafts on runways and taxiways and in aprons; and updating aerodrome operation literature except those temporarily used during the renovation, upgrade and repair of related facilities.

5. Airport or aerodrome operators shall be responsible for specifying and re-determining the main specifications of runways, taxiways, aprons and aircraft parking positions upon changes; and reporting thereof to the Civil Aviation Authority of Vietnam.

Civil Aviation Authority of Vietnam shall publish the main specifications of airports and aerodromes pursuant to ICAO’s standards on the aeronautical information publication.

6. Main specifications of a runway include:

a) Designation of the runway;

b) Runway length and width;

c) Length and width of the runway’s shoulders;

d) Runway strip, runway end safety areas, stopway and clearway;

dd) Runway threshold coordinates (WGS-84);

e) Vertical slope of the runway;

g) Horizontal slope of the runway;

h) Runway weight bearing capacity;

i) Types of coating of runway pavement surface and shoulders;

k) Friction coefficient;

l) Distances disclosed: TORA, TODA, ASDA, LDA.

7. Main specifications of a taxiway include:

a) Designation of the taxiway;

b) Length and width of the taxiway;

c) Length and width of the taxiway s shoulders;

d) Vertical slope of the taxiway;

dd) Horizontal slope of the taxiway;

e) Taxiway weight bearing capacity;

g) Type of coating of taxiway pavement surface;

h) Taxiway strip.

8. Operation plan and aircraft parking position diagram include:

a) Plan for operation of aircrafts from runway and taxiway to apron and vice versa;

b) Diagram of painted markings of runways, taxiways, aprons and aircraft parking positions;

c) Coordinates of aircraft parking positions and aircraft surface movement guidance indicators (according to WGS-84);

d) Types of aircraft for each parking position;

dd) Operation procedure and service plan for each parking position.

9. Airport or aerodrome operators shall have runways and aprons fully furnished with painted markings, signposts or guidance lights for aircrafts to roll automatically and safely to parking positions pursuant to standards. Aircraft marshalling service shall only be provided upon the request of aircraft operators. In the airports and aerodromes that do not meet standards for aircrafts automatic and safe rolling to parking positions, the operators of such airports and aerodromes shall provide gratis the aircraft marshalling service and report to the Civil Aviation Authority of Vietnam about the plan for aerodrome infrastructure renovation.

10. Airport or aerodrome operators shall assess the effects of changes to the specifications and operation plan of the aerodrome infrastructure on operation safety.

11. Personnel and vehicles shall only enter the airfield to perform tasks in adherence to the following requirements:

a) Conform strictly to the regulations on airport and aerodrome safety and security;

b) Maintain constant and thorough communication via walkie-talkies with the air traffic control tower and ground control tower; abide strictly by the instructions of air traffic controllers;

c) Wear a reflective or reflective stripe jacket;

d) Maintain the minimum safe distance with aircrafts pursuant to ICAO’s standards according to the classification of the airport at which aircrafts are operating.

12. Airport or aerodrome operators shall set up signposts, lights, guidance signs, painted markings and prohibition signs for the aerodrome infrastructure in order to provide guidance and maintain operation safety; carry out measures against menacing intrusion into runways, taxiways and aprons; establish holding areas at the intersection of taxiways and runways, holding positions on standby and on internal roads; evaluate risks to maintain the safety of the vicinity of runways in an event of runway excursion or overshoot.

13. Airport or aerodrome operators shall set up at least 01 isolated aircraft parking position for emergencies, contagion prevention, aviation security and national security. The isolated aircraft parking position shall be distant from other parking positions, buildings or public facilities and be convenient for security, safeguarding, firefighting and professional tasks. The isolated aircraft parking position shall not be located above underground facilities such as aircraft fuel tanks, aircraft fueling pipelines, electrical cables or communications cables.

14. Aircraft maintenance and repair areas shall be located in isolation from passenger and cargo terminals to minimize impacts of the noise, exhaust and fuel on the terminals. A system for collection and treatment of wastewater, waste oil and other hazardous wastes shall be set up in accordance with environmental standards.

15. Safety strips that runs the length and extends to two ends of a runway and shoulders shall be subject to ICAO’s standards and the following rules:

a) Tightness and flatness are maintained while the length of grass on strips and shoulders shall not exceed 30 cm;

b) The installation of auxiliary guidance equipment within strips and shoulders shall adhere to the legal regulations of Vietnam on aviation obstacle management and Annex 14 of the Chicago Convention.

16. The operation of aircrafts in airports and aerodromes shall accord with the published weight bearing capacity of runways, taxiways and aprons. In each specific circumstance of operation, the Civil Aviation Authority of Vietnam shall consider and decide the standards applicable to the operation of aircrafts whose ACN is greater than the PCN of runways, taxiways and aprons.

17. Airport or aerodrome operators shall be responsible for measuring the weight bearing capacity of runways, taxiways and aprons; removing runway rubber; measuring the surface friction coefficient of runways newly constructed or upgraded; measuring the friction coefficient of runways on periodic or ad hoc basis according to the guidelines of the Civil Aviation Authority of Vietnam to maintain the minimum acceptable friction coefficient of the runways. The surface friction coefficient of runways and the weight bearing capacity of runways, taxiways and aprons shall be published in the aeronautical information publication and aerodrome operation literature. Civil Aviation Authority of Vietnam shall, when necessary for operation safety, designate qualified juridical entities to measure the weight bearing capacity and friction coefficient at the expense of the operators of airports and aerodromes.

18. Airport or aerodrome operators shall be responsible for examining regularly the conditions of runways, taxiways and aprons to remove incongruous obstacles; specifying and disclosing the flood s impact on airfield operation to air navigation service providers for safe management of air traffic and ground activities as per regulations.

19. Airport or aerodrome operators shall carry out measures to prevent aircrafts from rolling into closed runways, taxiways and aprons.

Article 26. Requirements for transport activities in airports and aerodromes

1. The road network of an airport or aerodrome consists of:

a) Internal aerodrome roads;

b) Internal airport roads.

2. Airport or aerodrome operators shall be responsible for constructing, maintaining and repairing internal aerodrome roads.

3. Airports authorities shall be responsible for planning and organizing the construction and maintenance of internal airport roads by employing the planned finances sourced from the state budget as per regulations or by apportioning the expenditure among users.

4. Transport activities inside an aerodrome shall adhere to the aerodrome operation literature.

5. Transport activities outside an aerodrome shall adhere to the legislation on transport.

Article 27. Requirements for passenger and cargo terminals

1. Passenger and cargo terminals shall consist of the areas for handling of essential passenger and cargo service procedures, the working space of relevant state management agencies; the international airport s area for passengers ineligible for entry; the area for lost luggage procedure; the area for storage of lost or abandoned luggage; the shared area for airlines and service providers’ settlement of customers’ complaints; the general information counters or devices for passengers; the area of medical assistance and first aid to passengers; the quarantine area for medical emergencies; the area and devices for passengers with special needs.

2. Terminal operators shall maintain the following minimum hygiene conditions:

a) The terminals shall be maintained in a hygienic, clean and dry condition and fitted with safety signs;

b) A sheet specifying the names of cleaners on duty, time and tasks shall be exhibited in the toilets of a passenger terminal.

3. The signs in a terminal shall be installed adequately and visibly at the areas for processing of passenger and cargo formalities, the areas for handling of luggage and cargo and other essential areas as per regulations.

4. Barriers, safety and sanitary measures and caution signs shall be deployed at a terminal’s areas under renovation or repair.

5. Passenger and cargo terminal operators have to possess a fire and explosion prevention plan and conduct periodic training, drill and inspection thereof as per the laws.

6. The procedures and plans for maintenance of a terminal’s facilities shall be subject to verification and the maintenance works shall adhere to the plans approved.

7. Passenger and cargo terminal operators shall promulgate and circulate the literature on passenger and cargo terminal operation and supervise the abidance by such literature.

8. Passenger terminal operators shall arrange spaces for propagating the unique culture of Vietnam according to specific conditions of each airport.

9. Passenger terminal operators shall select taxi companies for airport concession on the principles of competitiveness and transparency and publicly exhibit those chosen and their fares in the terminal. Taxi operation shall be maintained so as to meet the terminal s actual demand and uphold civility, safety and order. Taxi operation and control regulations shall be issued and taxi companies and drivers violating the laws or the control regulations shall be handled accordingly pursuant to the signed agreements; organize coordination counters and plan the safe and orderly operation of the taxi area without congestion shall be set up. The minimum quantity of cabs under concession agreements shall suit the passengers demand by operational time frame.

Article 28. Requirements for aircraft fueling facilities

1. Aircraft fueling facilities consist of fuel storehouses and tanks, fueling stations and pipelines.

2. Petrol storehouses and tanks, fueling stations and pipelines shall be designed according to the standards in effect and disposed in safe distance as per the legislation on safeguarding of petrol-related facilities, fire prevention and environment protection.

3. Companies authorized to provide aircraft fuels in an airport or aerodrome shall formulate a fuel provision plan and layout map of tanks, fueling stations and pipelines (if applicable).

Article 29. Requirements for electric power supply system

1. The regular and backup power supply for aviation buildings and equipment in an airport or aerodrome shall be maintained according to facility operation literature.

2. The time for switching between the regular power system and a backup one has to meet the regulated standards for each building or equipment in the airport or aerodrome.

3. Airport or aerodrome operators shall be responsible for planning the construction and maintenance of the general power supply system of the airport or aerodrome according to the elaborate plan approved for such airport or aerodrome. Users shall pay an agreed general maintenance fee to the operator of the airport or aerodrome.

4. Aviation service providers shall be allowed to set up their own power supply systems according to the detailed plans approved for functional areas.

Article 30. Requirements for water supply and drainage systems

1. Building operators shall examine the quality of water supplied to their buildings and assure its compliance with the regulated standards.

2. The airfield drainage system shall be thoroughly connected with the general drainage system of the airport or aerodrome and the vicinity. A drainage plan for the highest possible amount of rainfall forecasted shall be made available.

3. Wastewater shall be collected and treated before discharged to the receiving water bodies as per the legislation on environment protection.

4. Airport or aerodrome operators shall set up a protection system and formulate an anti-intrusion procedure for the drainage system. Moreover, they shall be responsible for constructing, maintaining and repairing the general water supply and drainage system of the airport or aerodrome according to the elaborate plan approved for such airport or aerodrome. Users shall pay an agreed general maintenance fee to the operator of the airport or aerodrome.

5. If the water supply and drainage system is utilized mainly by certain units and companies, the airports authority shall designate the relevant companies to construct, maintain and repair the water supply and drainage system and shall apportion the expenditure thereof.

Article 31. Requirements for aviation security infrastructure

1. The standard of aviation security infrastructure shall be subject to the legislation on aviation security.

2. Airport or aerodrome operators shall be responsible for constructing, managing and operating the following facilities:

a) Aviation security and aerodrome emergency facilities;

b) Airfield security barriers.

Article 32. Requirements for facilities dedicated to aerodrome emergency and airport fire prevention

1. The operator of an airport or aerodrome shall invest and construct the following aerodrome infrastructure in compliance with regulations on fire and explosion prevention and aerodrome emergency:

a) There is a garage bay for fire engines and a warehouse for aerodrome emergency and firefighting tools and materials according to the standards in effect. The fire engine garage bay shall be in located in a restricted area on a convenient road for rapid access to runways, taxiways and aprons in accordance with aerodrome emergency plans;

b) The amount of fire engines, water, foam and powder shall be commensurate with the airport firefighting level approved;

c) An aerodrome emergency coordination center and emergency alert station(s) shall be established, adequately staffed and furnished with communications equipment, documentation and emergency plans to keep guard and respond to all emergencies;

d) Service roads for aerodrome emergency shall be established to enable relevant vehicles rapid access to the airfield by the regulated time.

2. Airport or aerodrome operators shall promulgate the procedure for inspecting components of the infrastructure and equipment; and maintain materials and water in stock for aerodrome emergency and airport fire prevention.

Article 33. Requirements for apron lighting and aviation security barrier

1. The apron lighting system shall generate sufficient light for pilots to maneuver aircrafts into and out of parking positions, for loading and unloading of passengers, luggage and cargo, for fueling and other aircraft services, and for airport security. Apron lights shall not be directed at the air traffic control tower, ground control tower, and direction of aircrafts’ landing and taxiing. If stationary lighting is not available in the apron, mobile lighting equipment for aircrafts has to be made available.

2. The barrier and entrance lighting system shall be reasonably arranged. The intensity of lights shall suffice to examine and control people and vehicles and to detect intruders at night; however, it shall not cause glare that limit the patrolling units vision and obstruct other aviation activities.

Article 34. Supervisors of airport operation safety or airport-based aviation service quality

1. Civil Aviation Authority of Vietnam shall issue supervisor’s cards to the supervisors of aviation service quality or airport operation safety under the Civil Aviation Authority of Vietnam or airports authorities.

2. The holder of an airport operation safety supervisor’s card is subject to the following requirements:

a) Have graduated in engineering, construction or law from a university;

b) Have at least 05 years work experience in airport or aerodrome management and operation;

c) Be proficient in English (TOEIC 450 or equivalent or higher);

d) Possess training certificate(s) in airport operation standards and/or supervision of airport operation safety, which is (are) issued by the Civil Aviation Authority of Vietnam or qualified aviation personnel training institution.

3. A supervisor of airport operation safety shall be entitled to:

a) Supervise, examine, investigate and verify the compliance with the regulations on the safety of operation of the airport or aerodrome;

b) Enter the areas where airport or aerodrome operations occur upon performing the duties;

c) Request relevant organizations and individuals to provide documents and objects concerning an incident that jeopardizes aviation safety or for investigating a violation;

d) Examine and copy licenses, certificates, technical logbooks, documents or files concerning the management and operation of the airport or aerodrome;

dd) Suspend temporarily aviation employees working in the airport or aerodrome to preclude possible menaces against aviation safety, to prevent potential fire or explosion, to investigate an incident; make written record of incidents.

4. A supervisor of the quality of aviation services in an airport or aerodrome is subject to the following requirements:

a) Have graduated in economics, engineering or law from a university;

b) Have at least 05 years work experience in airport or aerodrome management and operation or in air transport;

c) Be proficient in English (TOEIC 450 or equivalent or higher);

d) Possess training certificate(s) in provision of aviation services and/or air transport, which is (are) issued by the Civil Aviation Authority of Vietnam or qualified aviation personnel training institution.

5. A supervisor of aviation service quality in an airport or aerodrome shall be entitled to:

a) Supervise, examine and verify the implementation of regulations on the quality of aviation services in airports and aerodromes;

b) Enter the areas where airport or aerodrome operations occur upon performing the duties;

c) Request relevant organizations and individuals to provide documents or objects concerning the provision of aviation or air transport services in the airport or aerodrome or for ascertaining a violation against this Circular;

d) Examine and copy the licenses, certificates, documents or files concerning the provision of aviation services and air transport services in the airport or aerodrome;

dd) Suspend temporarily aviation employees working in the airport or aerodrome upon their serious breach of commitments and standards in provision of aviation services in the airport or aerodrome; make written records of incidents.

6. Upon exposing a violation of legal regulation(s) on airport and aerodrome management and operation in direct breach of the operation safety, the supervisor of airport operation safety and the supervisor of aviation service quality shall report promptly to the Civil Aviation Authority of Vietnam for emergency suspension of the operation or service of the organization or individual constructing or operating the related facility or providing the related service in the airport or aerodrome.

7. Supervisors of airport operation safety and supervisors of aviation service quality shall be held liable for their decisions pursuant to the laws.

8. The documents on supervision, examination, investigation and verification by a supervisor of airport operation safety or a supervisor of aviation service quality shall be retained by the Civil Aviation Authority of Vietnam and the relevant airports authority in 05 years.

9. The organizations and individuals concerned shall strictly adhere to the decisions and requests of the supervisors performing their duties.

10. Civil Aviation Authority of Vietnam shall promulgate written guidelines on the procedure and content of examination and supervision for the supervisor of airport operation safety and the supervisor of aviation service quality.

Article 35. Reporting of accidents and incidents regarding airport operation safety

1. The following classification of accidents and incidents regarding airport operation safety is based on the nature and level of menace against airport operation safety:

a) Accident (level A): an aircraft accident that occurs in an airport or aerodrome; a fatal incident that ensues during the operation or provision of aviation services in an airport or aerodrome;

b) Serious incident (level B): a serious aircraft incident that occurs in an airport or aerodrome; an incident that severely jeopardizes safety and results in temporary closure of runway(s), taxiway(s) and/or apron(s) or temporary shutdown of an airport or aerodrome; an incident that severely wounds individual(s) during the operation or provision of aviation services in an airport or aerodrome;

c) Highly menacing incident (level C): an incident that damages the infrastructure of an airport or aerodrome; impairs the vehicles and equipment operating in an airfield or menaces the safety of people and vehicles operating in the airfield, causes direct impacts on the safety of the operation of an aircraft;

dd) Possibly menacing incident (level D): an incident of collision between a vehicle with another vehicle, a device or a person; an incident that impinges on the safety of the operation of the infrastructure of an airport or aerodrome;

dd) Event (level E): an event that causes no direct impact on aviation safety but affects the provision of aviation services in an airport or aerodrome.

2. The reporting of an accident or incident consists of an initial report, preliminary report and final report with commentary conclusion. Civil Aviation Authority of Vietnam shall provide specific guidelines on the list, responsibility for reporting and content of report on an A-level accident, an incident at level B, C or D, or an E-level event.

3. Civil Aviation Authority of Vietnam shall be responsible for organizing the investigation, verification and explication of the incidents at level B and level C; for directing the settlement of accidents and incidents; for issuing warnings to preclude accidents and incidents; for making initial and final reports to the Ministry of Transport about the incidents at level B; reporting to the Ministry of Transport about the accidents at level A.

4. Airports authority shall be responsible for organizing the investigation, verification and explication of the incidents at level D; for directing the settlement of accidents and incidents; for issuing warnings to preclude accidents; and making initial and final reports to the Civil Aviation Authority of Vietnam about the incidents at level D.

5. Relevant units shall be responsible for explicating the events at level E and implementing measures that preclude accidents and incidents.

6. Organizations and individuals shall be encouraged and supported to make voluntary reports to the Civil Aviation Authority of Vietnam on the events that likely impairs the safety of the operation of an airport or aerodrome. Civil Aviation Authority shall be responsible for assuring that:

a) Voluntary reports and subsequent analyses are restrictively accessible and the information on the reporting person or organization is not disclosed or made available unless requested by competent government authorities or authorized by such reporting entity;

b) Voluntary reports are secured and the data extracted from such voluntary reports does not impinge on the reporting person or organization;

c) The essential measures for safe processing, examination and supervision in relation to the voluntary reports are implemented.

Part 2. CERTIFICATION OF REGISTRATION AND OPERATION OF AIRPORTS AND AERODROMES

Article 36. Procedure for issuance, re-issuance and revocation of a certificate of registration of an airport or aerodrome

1. The proprietor of an airport or aerodrome or the organization designated to manage such airport or aerodrome shall submit 01 application for certification of registration of the airport or aerodrome to the Civil Aviation Authority of Vietnam by hand, by post or by other appropriate methods. The application includes:

a) The application form defined in Form No. 09 annexed to this Circular;

b) The certified copy of the incorporation decision or the certificate of company registration of the proprietor or the designated managing organization; the certified copy of the identification card or the citizen identity card or the passport of the individual(s) owning the airport or aerodrome;

c) The copies of the written decisions on investment proposal and on investment in the airport or aerodrome;

d) The copy of the written confirmation of the completion of acceptance procedures regarding the infrastructure of the airport or aerodrome pursuant to regulations on fundamental construction investment.

2. The proprietor or the organization designated to manage an airport or aerodrome under construction shall submit 01 application for certification of temporary registration of the airport or aerodrome to the Civil Aviation Authority of Vietnam by hand, by post or by other appropriate methods. The application includes the documents defined in Point a, b, c, Section 1 of this Article.

3. In 10 days upon receiving the application pursuant to regulations, the Civil Aviation Authority of Vietnam shall be responsible for verifying the following contents from the documents:

a) The adherence of the construction of the airport or aerodrome to the approved general plan for development of the national airport and aerodrome system;

b) The compliance of the construction and technical acceptance of the infrastructure of the airport or aerodrome with the technical standards as regulated and in line with the operational capacity;

c) The abidance of the construction plan of the infrastructure of the airport or aerodrome with the technical standards as regulated for the temporary registration of airports and aerodromes under construction and in line with the operational capacity.

4. In 03 working days from the date of verification, the Civil Aviation Authority of Vietnam shall register the airport or aerodrome in the airport and aerodrome register book and issue the certificate of registration of the airport or aerodrome as defined in Form No. 07 annexed to this Circular. If refusing to certify the registration of the airport or aerodrome, it shall respond and explain in writing.

5. An airport or aerodrome for which a certificate of temporary registration has been issued shall be subject to registration pursuant to this Circular in no more than 60 days upon the completion of its construction.

6. The registration of an airport or aerodrome shall be validated upon the Civil Aviation Authority of Vietnam’s input of data in to the airport and aerodrome register book.

7. A certificate of airport or aerodrome registration, when lost, torn or spoiled, can be re-issued upon request. The holder of the certificate of airport or aerodrome registration shall submit Form No. 09 annexed to this Circular to the Civil Aviation Authority of Vietnam by hand, by post or by other appropriate methods to apply for re-issuance.

In 03 working days upon receiving the application as regulated, the Civil Aviation Authority of Vietnam shall respond in writing to the applicant about its approval or rejection of the re-issuance of the certificate of airport or aerodrome registration.

8. A certificate of airport or aerodrome registration shall be revoked upon the failure of requirements for certification of airport or aerodrome registration.

Article 37. Establishment and management of the airport and aerodrome register book

1. Civil Aviation Authority of Vietnam shall be responsible for establishing, updating and managing the airport and aerodrome register book.

2. The airport and aerodrome register book shall be made in paper and electronic format.

3. The airport and aerodrome register book contains the following information:

a) Date of input by registration type;

b) Certificates issued by registration type: number, date of issue;

c) Name and address of proprietors or operators of airports and aerodromes;

d) Names of airports and aerodromes;

dd) Locations and coordinates of airport and aerodrome reference points;

e) Aerodrome classification;

g) Purposes of operation;

h) Operational capacity;

i) Progress of construction, renovation, upgrade and expansion of airports and aerodromes.

Article 38. Amendment to a certificate of airport or aerodrome registration

1. A holder of a certificate of registration of an airport or aerodrome shall update information on the changes to the airport or aerodrome and request amendment to the certificate upon the alteration to:

a) The name or address of the proprietor or operator of the airport or aerodrome;

b) The name of the airport or aerodrome;

c) The location and coordinates of the airport or aerodrome reference point;

d) The aerodrome classification;

dd) The purposes of operation;

e) The operational capacity;

2. The holder of the certificate of airport or aerodrome registration shall submit 01 application to the Civil Aviation Authority of Vietnam by hand, by post or by other appropriate methods. The application includes:

a) The application form as defined in Form No. 09 annexed to this Circular;

b) The written evidences of the changes for which amendment is requested.

3. In 05 working days upon receiving the application as regulated, the Civil Aviation Authority of Vietnam shall verify the amendments to the certificate of airport or aerodrome registration; then issue a new certificate, revoke the existing certificate or reject the amendments with explanation(s) in writing.

Article 39. Procedure for issuance, re-issuance, amendment and revocation of a certificate of operation of an airport or aerodrome

1. The organization designated to manage and operate an airfield shall submit 01 application for certification of operation of the airport or aerodrome to the Civil Aviation Authority of Vietnam by hand, by post or by other appropriate methods. The application includes:

a) The application form defined in Form No. 09 annexed to this Circular;

b) The documents on aerodrome operation.

2. In 10 days upon receiving the full application as regulated, the Civil Aviation Authority of Vietnam shall be responsible for verifying the following contents from the aerodrome operation literature:

a) The factors in the assurance of aviation safety, aviation security and service standards;

b) The compliance of the aerodrome’s technical standards with ICAO’s regulations and standards;

c) Non-compliant components (if any);

d) The aerodrome’s actual conditions against those described in the operation literature.

3. In 02 working days upon completing the verification process, the Civil Aviation Authority of Vietnam shall issue the certificate of airport or aerodrome operation as defined in Form No. 08 annexed to this Circular or reject with explanation in writing.

4. A certificate of airport or aerodrome operation can be amended in the following circumstance:

a) The operator of the airport or aerodrome is changed;

b) The aerodrome classification or the operational purpose or capacity of the airport or aerodrome is changed.

5. The operator of an airport or aerodrome shall submit 01 application for amendment to the certificate of operation of the airport or aerodrome to the Civil Aviation Authority of Vietnam by hand, by post or by other appropriate methods. Such application includes:

a) The application form defined in Form No. 08 annexed to this Circular;

b) The written evidences of the changes for which amendment is requested.

In 05 working days upon receiving the application as regulated, the Civil Aviation Authority of Vietnam shall verify the documents against actual conditions and approve the amendment to the certificate of airport or aerodrome operation or notify the applicant of its rejection with explanation in writing.

6. A certificate of airport or aerodrome operation, when lost, torn or spoiled, can be re-issued upon request. The operator of the airport or aerodrome shall apply to the Civil Aviation Authority of Vietnam for re-issuance of the certificate by hand, by post or by other appropriate methods.

In 03 working days upon receiving the application as regulated, the Civil Aviation Authority of Vietnam shall respond in writing to the applicant about its approval or rejection of the re-issuance of the certificate.

7. The revocation of certificates of airport or aerodrome operation is subject to Section 4, Article 51 of the Law of Civil aviation of Vietnam.

Article 40. Aerodrome operation literature

1. The main contents of the aerodrome operation literature include:

a) Purposes, grounds for construction, conditions for aerodrome operation;

b) The organization system, the functions, missions and authority of the operator of the airport or aerodrome; the operational personnel system;

c) The general profile of the aerodrome, including the position diagrams, general layout, functional areas, equipment; the aerodrome’s name, location, coordinates, elevation above sea level and topographic conditions, the elevation of the runway threshold above sea level; the name, address and phone number of the operator of the airport or aerodrome;

d) The operation plan and aircraft parking position diagram;

dd) The technical specifications of the aerodrome s infrastructure pursuant to this Circular;

e) The information on the lighting system, radio range stations, navigation and air traffic management support equipment;

g) The chart of aerodrome obstacle limitation surfaces, the chart of aerodrome obstacles in the aerodrome and the vicinity;

h) The information on the airfield maintenance system, aircraft pushback tractors and communications devices on the vehicles moving in the airfield;

i) The chart of laser illuminations’ and lighting equipment’s range of effect on air traffic;

k) The procedure for airfield operation and operation safety assurance;

l) The list of components not compliant with technical regulations and standards in effect, with the risk assessment report pursuant to the guidelines in the aerodrome safety management system literature; the measures and solutions to minimize risks, and the approach to rectify non-compliant components;

m) The airport emergency plan; the aerodrome safety management system; the aviation security program; the runway safety program; the bird and wildlife management procedure;

n) The environmental impact assessment report, the environment protection plan or the airport environment protection plan approved.

2. The operator of the airport or aerodrome shall revise and supplement the aerodrome operation literature upon changes to their contents and apply for the Civil Aviation Authority of Vietnam’s approval thereof. The application includes:

a) The written request for approval;

b) The draft of the amendment(s) and supplement(s);

c) The written evidences of such amendment(s) and supplement(s);

d) Quantity of the application: 01 set.

In 07 days upon receiving the application as regulated, the Civil Aviation Authority of Vietnam shall verify the documents against actual conditions and approve the amendment to the literature or notify the applicant of its rejection with explanation in writing.

3. Civil Aviation Authority of Vietnam shall issue the guidelines for formulating aerodrome operation literature pursuant to ICAO’s standards.

Article 41. Aerodrome safety management system

1. The operator of an airport or aerodrome shall be responsible for coordinating overall activities and assuring the safety, continuation and synchronization of aerodrome operations; maintaining sufficient personnel technically capable to assure the normal operation of the aerodrome; managing aviation obstacles in the airport or aerodrome and its vicinity pursuant to regulations.

2. The operator of the airport or aerodrome shall set up and deploy the aerodrome safety management system with the following primary contents:

a) Objectives and policies of aerodrome operation safety;

b) Scope of application of the safety management system; the organizational structure of the aerodrome safety management system;

c) Measures for safety assurance and safety risk management; the safety reporting system;

d) Training and re-training in safety.

3. The activities of all organizations and individuals providing services in the airport or aerodrome shall adhere to the aerodrome safety management system approved.

4. The operator of the airport or aerodrome shall promulgate relevant principles, propagate and supervise the abidance by the regulations on aerodrome safety assurance; expose and hand over violations to the relevant airports authority pursuant to regulations.

5. Civil Aviation Authority of Vietnam and airports authorities shall inspect and supervise the application of the aerodrome safety management system.

Article 42. Non-compliant components

1. Non-compliant components refer to an airport’s or aerodrome s buildings and equipment that fail technical regulations and standards in force in regard to:

a) Requirements for aerodrome infrastructure;

b) Requirements for aviation obstacle management.

2. The operator of the airport or aerodrome, when detecting or being warned about the facilities failing operational standards during the progress of operation, shall be responsible for reviewing, analyzing and updating the aerodrome operation literature and reporting to the Civil Aviation Authority of Vietnam for notification as per regulations.

Article 43. Operational personnel system of airport and aerodrome operators

1. The operator of an airport or aerodrome shall maintain a personnel system that suffices for actual operational conditions and incorporates the regulations on aviation safety, aviation security and service quality.

2. The principal personnel system of the airport or aerodrome operator is composed of the director of the airport or aerodrome, aerodrome operation manager, aviation safety manager and aviation security manager.

3. Principal personnel shall be specifically listed in the aerodrome operation literature.

4. The manager of aerodrome operation shall be subject to the following conditions:

a) Have graduated from a university;

b) Have worked continuously for at least 5 years in an international airport or 3 years in a domestic airport or aerodrome in the management of air traffic, airport or aerodrome operation or aviation safety;

c) Have been trained in aerodrome design and operation and in aircraft ground service provision.

5. The manager of aviation safety shall be subject to the following conditions:

a) The conditions defined in Point a and b, Section 4 of this Article;

b) Have been trained in aerodrome design and operation and in aviation safety management system.

6. The manager of aviation security shall be subject to the conditions defined in the legislation on aviation security.

Chapter V

MANAGEMENT OF CONSTRUCTION, RENOVATION, UPGRADE, MAINTENANCE AND REPAIR OF BUILDINGS IN AIRPORTS AND AERODROMES; OPERATION OF BUILDINGS; TEMPORARY SHUTDOWN OF AIRPORTS AND AERODROMES

Article 44. Approval of construction, renovation, upgrade, maintenance and repair of buildings; installation, maintenance and repair of equipment in airports and aerodromes

1. The main investor of a project for construction, renovation, upgrade, maintenance or repair of a building or for installation, maintenance or repair of a piece of equipment in an airport or aerodrome shall submit 01 application to the Civil Aviation Authority of Vietnam for approval in the following circumstance:

a) Construction, renovation or upgrade of the building;

b) Maintenance or repair of the building or installation, maintenance or repair of an equipment, which temporarily shut downs aviation service premises in more than 24 hours, unless such task is required to proceed immediately upon abrupt direct menace against aviation safety and security;

c) Maintenance or repair of the building or installation, maintenance or repair of the equipment during its continuous non-service period of 30 days or more according to the air traffic plan.

2. The application includes:

a) The written request for approval;

b) The work plan and measures for maintaining security, safety and environmental hygiene in the airport or aerodrome during the works;

c) The agreement(s) on airport or aerodrome operation safety plan with relevant unit(s) or organization(s).

3. In 15 days upon receiving the full application as regulated, the Civil Aviation Authority of Vietnam shall be responsible for verifying information, issuing the written approval and propagating data to the units and organizations concerning the airport or aerodrome operation safety. If the application is rejected, the applicant shall be informed in writing of reason(s).

4. Civil Aviation Authority of Vietnam shall notify the air force - air defense corps to concur in military matters in regard to the construction, renovation, upgrade, maintenance or repair of the buildings for mixed military and civil uses or the temporary shutdown of airports and aerodromes.

5. If an aerodrome is operated in a condition of low visibility pursuant to regulations, the construction and maintenance of the buildings adjacent to the aerodrome s electricity system shall not proceed. Provider(s) of air navigation services in the aerodrome shall be responsible for notifying the works contractors of the operation of the aerodrome under low visibility to cease the works.

6. Civil Aviation Authority of Vietnam shall inspect and supervise the progress and quality of the construction of infrastructural buildings of airports and aerodromes as designated by the Minister of Transport.

7. The work plan for maintenance or repair of a building or for installation, maintenance or repair of an equipment of a provider of aviation service(s) in an airport or aerodrome and the plan for assurance of the safety of the airport’s or aerodrome’s activities and air traffic shall be subject to prior notice to the relevant airports authority in the following circumstance:

a) The building or aviation service provider is rendered inactive in less than 24 hours;

b) The building or aviation service provider is rendered inactive in more than 24 hours when the relevant works are required to proceed immediately upon an abrupt direct menace against the aviation safety and security;

c) The works proceed during a continuous non-service period of less than 30 days according to the air traffic plan.

8. Airports authority shall be responsible for examining and maintaining the compliance with the work plan, measures for assurance of safety, security and environmental hygiene at the work site and for assurance of airport and aerodrome operation safety. Airport authorities, when detecting the failure of the work plan and operation plan to maintain the safety of airport or aerodrome operation and air traffic, shall request main investors to cease the works.

Article 45. Launch and temporary closure of buildings, parts of airport or aerodrome infrastructure

1. The operator of an infrastructural building of an airport or aerodrome shall submit 01 application to the Civil Aviation Authority of Vietnam for initiating the full or partial operation of the infrastructural building of the airport or aerodrome by hand, by post or by other appropriate methods. The application includes:

a) The written request for the launch of the entirety or part of the building, which indicates the location and scope of operation; time of initiation; main specifications of the building’s components; lifespan of the building;

b) The copy of the set of documents on the acceptance of the building for operation as per legal regulations;

c) The literature on the operation of the building and provision of services, which includes the plan and procedure for operation and provision of aviation services; the site plan of the service infrastructure; the maintenance procedure.

2. The operator of infrastructural buildings of an airport or aerodrome shall submit 01 application to the Civil Aviation Authority of Vietnam for temporary partial closure of such buildings by hand, by post or by other appropriate methods. The application includes:

a) The written request for temporary closure of a part of the infrastructure of the airport or aerodrome, which indicates the reason(s) of closure; location and scope of closure; duration of closure;

b) The copies of the detailed drawings of the areas temporarily closed;

c) The plan for maintaining activities related to the buildings temporarily closed;

d) The measures for safety and security assurance in connection with the buildings temporarily closed.

3. In 07 days upon receiving the full application as regulated; the Civil Aviation Authority of Vietnam shall consider and approve the full or partial launch of the infrastructural building of the airport or aerodrome or the temporary partial closure of the infrastructure of the airport or aerodrome. If rejecting the application, the Civil Aviation Authority of Vietnam shall provide explanation(s) in writing.

4. Airports authorities shall inspect and assure the adherence to the plan for maintaining activities and assuring safety and security in connection with the buildings temporarily closed.

Article 46. Temporary shutdown of airports and aerodromes for renovation, expansion and repair of infrastructure

1. The operator of an airport or aerodrome shall submit 01 application for temporary shutdown of the airport or aerodrome to the Civil Aviation Authority of Vietnam by hand, by post or by other appropriate methods. The application includes:

a) The written request for temporary shutdown of the airport or aerodrome, which indicates the name of the airport or aerodrome, reason(s) for temporary shutdown, duration of shutdown.

b) The written decision by a competent authority on approval of the project for renovation, expansion or repair of infrastructure.

c) The work plan and the plan for safety assurance and environmental hygiene.

2. Procedure for temporary shutdown of an airport or aerodrome:

a) In 10 days upon receiving the full application as regulated, the Civil Aviation Authority of Vietnam shall be responsible for assessing information and reporting thereof to the Minister of Transport;

b) In 05 working days upon receiving the assessment report, the Minister of Transport shall issue a decision on the temporary shutdown of the airport or aerodrome.

Article 47. Temporary shutdown of an airport or aerodrome upon the revocation of the certificate of airport or aerodrome operation

1. Civil Aviation Authority of Vietnam shall submit 01 application for temporary shutdown of an airport or aerodrome to the Ministry of Transport by hand or by post. The application includes:

a) The written request for temporary shutdown of the airport or aerodrome, which indicates the name of the airport or aerodrome, reason(s) for temporary shutdown, duration of shutdown;

b) The decision on revocation of the certificate of operation of the airport or aerodrome;

c) The issued certificate of operation of the airport or aerodrome.

2. In 05 working days upon receiving the full application from the Civil Aviation Authority of Vietnam, the Minister of Transport shall issue a decision on the temporary shutdown of the airport or aerodrome.

Article 48. Temporary shutdown of an airport or aerodrome in an event of natural disaster, plague, environmental pollution, aviation incident or accident and other abnormal circumstances that menace aviation safety and security

1. The operator of an airport or aerodrome shall report promptly to the relevant airports authority for temporary shutdown of the airport or aerodrome in no more than 24 hours in an event of natural disaster, plague, environmental pollution, aviation incident or accident or in other abnormal situations that menace aviation safety and security. Director of the airports authority shall be responsible for considering information, validating the temporary shutdown of the airport or aerodrome in no more than 24 hours and reporting to the Civil Aviation Authority of Vietnam.

2. The following procedure applies to the temporary shutdown of an airport or aerodrome in more than 24 hours in an event of natural disaster, plague, environmental pollution, aviation incident or accident or in other abnormal circumstances that menace aviation safety and security:

a) The operator of the airport or aerodrome reports promptly to the Civil Aviation Authority of Vietnam about the temporary shutdown of the airport or aerodrome. Such report shall indicate the name of the airport or aerodrome, reason(s) for temporary shutdown, duration of shutdown;

b) Upon receiving the report from the operator of the airport or aerodrome, the Civil Aviation Authority of Vietnam shall file a request to the Ministry of Transport for temporary shutdown of the airport or aerodrome;

c) In 24 hours upon receiving the written request from the Civil Aviation Authority of Vietnam, the Minister of Transport shall issue a decision on the temporary shutdown of the airport or aerodrome.

Chapter VI

MANAGEMENT AND OPERATION OF AVIATION EQUIPMENT AND VEHICLES OPERATING IN AIRPORTS AND AERODROMES

Article 49. General provisions

1. Aviation equipment and vehicles functioning in an airport or aerodrome shall abide by technical and environmental requirements and standards in effect, including ICAO s standards.

2. Air navigation equipment and airfield equipment shall be subject to the Civil Aviation Authority of Vietnam’s licensing of operation.

3. The entity managing and operating aviation equipment and vehicles functioning in the airport or aerodrome shall promulgate and implement the operation and maintenance procedures in line with manufacturers literature on operation and maintenance. Moreover, it shall possess backup plan(s) and equipment to prevent disruption to aviation services; train operational employees in technical dossier, operation and maintenance procedures and regulations on airfield operation safety assurance.

4. The investment and operation of aviation equipment and vehicles functioning in an airport or aerodrome shall accord with the airport or aerodrome plan, infrastructural conditions of the airport or aerodrome, scope of services provided by the operator of the equipment and vehicles, and purposes of use.

5. The service life of the vehicles functioning in an airport or aerodrome shall adhere to the standards in force.

Article 50. Procedure for issue and re-issuance of a license for operation of air navigation equipment or airfield equipment

1. The entity managing and operating a piece of equipment shall submit 01 application for licensing of operation of the equipment to the Civil Aviation Authority of Vietnam by hand, by post or by other methods. The application includes:

a) The written request for licensing, which specifies the type of equipment, purposes of use, scope of application, location of installation and operation, standards in force and equipment operation personnel.

b) Certificate of origin (CO) and certificate of quality of the equipment imported;

c) The certificate of technical eligibility of the aviation equipment or vehicle produced, assembled or remodeled in Vietnam;

d) The manufacturer s operation manual;

dd) The written record of the completion of formalities for installation and verification of the system;

e) Other documents as prescribed by the legislation on each type of equipment (if applicable).

In 07 days upon receiving the full application as regulated, the Civil Aviation Authority of Vietnam shall assess information and respond to the applicant in writing on its approval or refusal to license with explanation.

2. A license of operation of a piece of equipment, when lost or damaged, can be re-issued upon request. The entity managing and operating the equipment shall apply for re-issuance of the license in writing to the Civil Aviation Authority of Vietnam by hand, by post or by other appropriate methods. In 03 working days upon receiving the application as regulated, the Civil Aviation Authority of Vietnam shall assess information and respond in writing to the applicant about its approval or rejection of re-issuance with explanation.

3. A license of operation of a piece of aviation equipment shall be revoked when the operation of such equipment possibly disrupts the safety of activities of the airport or aerodrome.

Article 51. Certification of technical eligibility of aviation equipment and vehicles manufactured, assembled or remodeled in Vietnam

1. A person applying for certification of technical eligibility of an aviation equipment or vehicle manufactured, assembled or remodeled in Vietnam shall send 01 application to Civil Aviation Authority of Vietnam by hand, by post or by other appropriate methods. The application includes:

a) The written request for certification of technical eligibility of the aviation equipment or vehicle, which describes the product and its main norms, specifications, limits and functionalities;

b) The copies of the documents on the technical and environmental standards incorporated;

c) The copies of relevant documents on technical and detailed design; materials; method and process of production; instructions for installation, operation, maintenance and assembly; main norms, specifications, limits and functionalities;

d) The copy of the handover record or the pre-operation acceptance record;

dd) The copies of the written records of examination, testing and evaluation by qualified entities as per legal regulations of the product pursuant to technical standards incorporated;

e) The trial operation report based on the product’s norms, specifications, limits and functionalities.

2. In 15 days upon receiving the application as regulated, the Civil Aviation Authority of Vietnam shall conduct the requisite examination(s) and test(s) then issue the certificate of technical eligibility for the aviation equipment or vehicle, as defined in Form No. 10 annexed to this Circular, or respond with explanation in writing to the applicant on its refusal to certify. The examination and test consist of:

a) Determination of the technical and environmental requirements and standards incorporated;

b) Field testing of the product; inspection of the acceptance result;

c) Assessment of the technical norms, specifications, limits and functionalities necessary for evidencing the satisfaction or conformity of the product to the technical requirements and standards incorporated; including the data on materials, method and process of production.

d) Inspection of the results of the examination, test and evaluation of the product according to technical and environmental standards incorporated; conduct or request the applicant to contract a capable independent organization to conduct essential tests, when necessary, to verify the compliance with technical requirements and standards incorporated;

dd) Inspection of the result of trial operation.

3. A certificate of technical eligibility of an aviation equipment or vehicle shall be valid for the equipments and vehicles manufactured, assembled and remodeled according to the design, technical regulations and standards in force.

Article 52. Issuance and revocation of number plates of specialized vehicles operating in airports and aerodromes

1. Airports authorities shall issue number plates to the specialized vehicles operating in airports and aerodromes, except those regularly circulating outside the restricted areas of airports and aerodromes.

2. An aviation service provider shall submit 01 application for issuance of number plate for a specialized vehicle operating in an airport or aerodrome to the relevant airports authority by hand, by post or by other appropriate methods. The application includes:

a) The written request for issuance of number plate, which specifies the need for the vehicle; its production year and serial number; its status as a new or used vehicle;

b) The certificate of technical quality, safety and environment protection.

In 05 working days upon receiving the full application, the airports authority shall issue the number plate for the vehicle or refuse in writing with explanation.

3. A number plate is revoked upon:

a) The end of the vehicle’s service life defined by the manufacturer;

b) The aviation service provider’s obviating its need for the operation of the vehicle in the airport or aerodrome.

Article 53. Format of number plates of specialized vehicles operating in airports and aerodromes

1. The alphabetical characters refer the IATA’s code of the airport where the vehicle operates.

2. The first numerical character refers to the entity managing and operating the vehicle:

a) 1 means the vehicle belongs to the operator of the airport or aerodrome;

b) 2 means the vehicle belongs to an airline;

c) 3 means the vehicle belongs to an aviation service provider.

3. The next two numerical characters refer to the type of the vehicle operating in restricted areas of the airport or aerodrome pursuant to the Civil Aviation Authority of Vietnam’s regulations.

4. In succession to the two numerical characters that manifest the type of the vehicle operating in restricted areas of the airport are the numerical characters that display the order of licensing of the vehicle, which starts at 01.

5. The size and color of the number plate of a vehicle operating in restricted areas of an airport or aerodrome and of alphabetical and numerical characters on the plate shall be subject to the government authorities’ regulations on the size of automobile registration plates.

Article 54. Operation of vehicles in restricted areas of airports and aerodromes

1. The operation of vehicles in restricted areas of airports and aerodromes shall be subject to the standard operating procedures defined by the manufacturers and operators and to IATA s written guidelines in order to maintain safety on the course of operation.

2. The operator of an airport or aerodrome shall define the speed of the vehicles operating in restricted areas according to specific conditions of the airport or aerodrome in order to maintain airfield operation safety.

3. Civil Aviation Authority of Vietnam shall provide guidance on minimum requirements for the operation of vehicles operating in restricted areas of airports and aerodromes.

4. An aviation vehicle shall be suspended in the following circumstance:

a) It is not certified or fails operational requirements pursuant to the vehicle’s technical literature;

b) It causes an aviation incident or accident.

5. An aviation vehicle suspended pursuant to Section 4 of this Article shall resume to operation in the following circumstance:

a) The violations defined in Point a, Section 4 of this Article have been rectified;

b) The cause of the incident or accident concerning the vehicle has been identified.

Article 55. Maintenance of equipment and vehicles operating in restricted areas of airports and aerodromes

Operators of the equipment and vehicles functioning in restricted areas of an airport or aerodrome shall maintain such equipment and vehicles pursuant to the relevant legislation on maintenance and to the manufacturers written guidelines in order to maintain safety on the course of operation.

Article 56. Technical literature for vehicles operating in restricted areas of airports and aerodromes

Operators of the vehicles operating in restricted areas of an airport or aerodrome shall formulate the technical literature for such vehicles. The technical literature for a vehicle consists of written technical guidelines, technical operating documents, history record and dossier on model modification.

Article 57. Written technical guidelines for a vehicle

1. Written technical guidelines are issued by the builder or operator of the vehicle as guidance on the application of technical standards in the design, building, operation and maintenance of the vehicle. Written technical guidelines consist of:

a) User’s manual;

b) Maintenance manual;

c) Technical training literature.

2. A user’s manual gives the essential technical information, rules and specific instructions to the persons maneuvering, operating, maintaining and repairing a vehicle operating in restricted areas of an airport or aerodrome. The main content of a user’s manual includes:

a) Vehicle type;

b) Introduction of functions and components of the systems, including technical specification of each system;

c) Introduction of the types of fuel, lubricant, hydraulic oil and compressed air and the filling amount of each type;

d) Structure and functioning principles of the vehicle, including the assemblies and control mechanism: engine, clutch, gearbox, motion transmission, meters, hydraulic system, electrical system, compressed air system, fuel system, lubricant system, fire prevention system;

dd) Diagrams on functioning principles of assemblies and systems;

e) Diagrams on assembly and wiring of assemblies and systems;

g) Guidelines on operational procedure and requirements for technical safety during the progress of operation;

h) Common errors, reasons and solutions.

3. A maintenance manual for a vehicle operating in restricted areas of an airport or aerodrome displays the information and guidelines necessary for maintenance. The main content of a maintenance manual includes:

a) Vehicle type;

b) Introduction of the forms and cycle of maintenance;

c) Specific content of each form of maintenance;

d) Lubrication diagram, cycle, amount and type of lubricant to be changed;

dd) Instructions on the method and sequence of assembly and dismantling of assemblies and systems; details and regulations on technical safety for dismantling and assembly;

e) Instructions on the procedure for maintenance of systems and parts with diagram(s) and drawing(s);

g) Errors that may ensue or be detected during the progress of maintenance, reasons and solutions;

h) Methods of calibration and testing during the progress of maintenance and repair;

i) Measurement tools and usage for maintenance and repair.

4. Technical training literature includes written materials used for training, guiding and re-classifying technicians in technical training institutions or aviation employee training courses. Manufacturers, vehicle operators or training institutions can prepare and endorse technical training literature prior to use.

Article 58. Technical operating documents for vehicles

1. Technical operating documents are the essential literature for the operation and technical management of vehicles. Technical operating documents endorsed by the entities managing and operating the vehicles include:

a) Technical logbooks, technical records;

b) Technical statistics documents;

c) Technical reports;

d) Ad hoc reports.

2. A technical logbook records technical conditions of the vehicles on daily basis or shift basis.

3. A technical record keeps account technical problems of the vehicles on the course of operation.

4. Technical statistics documents compile and analyze the operational status of the vehicles in certain cycles. They contain statistical data on the number of active hours, the amount of functional times, kilometers traveled, technical problems and other data defined by the relevant entity.

5. Technical reports aggregate and impart the technical and operational status of the vehicles, including the quantity of vehicles satisfying and failing technical safety and environmental standards and those licensed and not licensed to operate; those being liquidated; those newly invested.

6. Ad hoc reports take account of the vehicles causing an incident or damage to aircrafts when operating in restricted areas of the airport or aerodrome. The content of an incident report includes:

a) Name and designation of the vehicle(s) causing the incident;

b) Date, time and location of the technical incident;

c) Written confirmation of the progress of the technical incident and consequential conditions;

d) Preliminary determination of possible cause(s) of the incident and damage level;

dd) Recommendation(s) and solution(s).

Article 59. Vehicle history record and model modification dossier

1. A record of a vehicle s technical history is the written account of its origin, name, designation, main functionalities, operation and maintenance.

2. The technical history record is formulated by the entity managing and operating the vehicle and consists of:

a) Name and address of the operator;

b) Name, designation and registration number of the vehicle;

c) Functionalities;

d) Country of manufacture;

dd) Chassis number, engine number, main assemblies’ codes;

e) Date of manufacture, date of use;

g) Date of maintenance or repair.

3. A model modification dossier is formulated by the entity managing and operating the vehicle and consists of:

a) Name and designation of the vehicle’s model after renovation or modification;

b) Reason(s) for renovation or modification;

c) Verification of the adherence of the vehicle model renovation or modification to technical standards as approved by competent authorities;

d) Date of issue;

dd) Issuer.

Article 60. Personnel regularly operating aviation vehicles and equipment in restricted areas of airports and aerodromes

1. Personnel who regularly operate aviation vehicles and equipment in restricted areas of an airport or aerodrome shall undergo periodical training as per regulations. If an employee operating aviation vehicles and equipment is not assigned to work in a restricted area of the airport or aerodrome in 03 months or more, such employee shall be retrained to assure operation safety.

2. To apply for initial licensing of personnel operating aviation equipment and vehicles, an organization shall submit 01 application to the Civil Aviation Authority of Vietnam by hand, by post or by other appropriate methods. The application includes:

a) The written request for licensing from the organization managing the personnel operating aviation equipment and vehicles, enclosed with the list of employees who operate aviation equipment and vehicles;

b) The copies of the relevant land motorized vehicle driving licenses (of the employees operating vehicles) and the relevant certificates of training by the manufacturers or qualified aviation employee training institutions in the operation of vehicles or equipment pursuant to regulations;

c) 02 ID color photos (3x4 cm) taken for less than 06 months.

In 20 days upon receiving the full application as regulated, the Civil Aviation Authority of Vietnam shall examine documents, verify information and respond to the applicant in writing on its approval or refusal to license with explanation.

3. An employee’s license to operate an aviation equipment or vehicle in restricted areas of an airport or aerodrome, when expired, lost or damaged, can be reissued upon request. An organization applying for reissuance of the license for its employees to operate an aviation equipment or vehicle in restricted areas of an airport or aerodrome shall submit 01 application to the Civil Aviation Authority of Vietnam by hand, by post or by other appropriate methods. The application includes:

a) The written request for licensing from the organization managing the personnel operating aviation equipment and vehicles, enclosed with the list of employees who operate aviation equipment and vehicles;

b) The copies of the relevant land motorized vehicle driving licenses (of the employees operating vehicles) and the relevant certificates of training by the manufacturers or qualified aviation employee training institutions in the operation of vehicles or equipment pursuant to regulations;

c) 02 ID color photos (3x4 cm) taken for less than 06 months.

In 30 days (for expired license) or 05 working days (for lost or damaged license) upon receiving the full application as regulated, the Civil Aviation Authority of Vietnam shall examine documents, verify information (in case of license expiration) and respond to the applicant in writing on the approval or refusal to license with explanation.

4. An organization applying for supplement to the license for its employees to operate an aviation equipment or vehicle in restricted areas of an airport or aerodrome shall submit 01 application to the Civil Aviation Authority of Vietnam by hand, by post or by other appropriate methods. The application includes:

a) The written request by the organization managing personnel who operate aviation equipment and vehicles for supplements, enclosed with the list of employees who operate aviation equipment and vehicles;

b) The copies of the relevant motorized land vehicle driving licenses (of the employees operating vehicles) and the relevant certificates of training by the manufacturers or qualified aviation employee training institutions in the operation of vehicles or equipment pursuant to regulations;

c) 02 ID color photos (3x4 cm) taken for less than 06 months.

In 03 working days upon receiving the full application as regulated, the Civil Aviation Authority of Vietnam shall verify documents and respond to the applicant in writing on its approval or refusal to supplement with explanation.

5. Civil Aviation Authority of Vietnam shall revoke an employee’s license to operate aviation equipment or vehicles in restricted areas of an airport or aerodrome in the following circumstance:

a) The license is altered or is misused;

b) The employee s violation(s) directly menace(s) the aviation safety and security of the airport or aerodrome or the employee conceals violations against regulations on aviation safety and security;

c) The employee s use of addictive substance(s) is exposed; the employee has criminal convictions; or the employee disturbs social order and safety inside the airport or aerodrome;

d) The employee performs the licensed tasks though having not been assigned to work in a restricted area of the airport or aerodrome for 03 months or more.

6. Personnel operating aviation equipment and vehicles in restricted areas of an airport or aerodrome shall be required:

a) To carry out only the tasks defined in the license;

b) To abide by the regulated speed limits; to control the speed in every situation or condition; not to accelerate or brake suddenly upon the vehicle’s approach to or detachment from an aircraft; to observe and control the speed when driving the vehicle on service roads or steer the vehicle’s approach to an aircraft or reverse the vehicle;

c) To adhere to a course and manner of direction to avoid collision with other vehicles; to abide by the airport or aerodrome operator’s regulations on route, corridor, traffic flow of vehicles operating in restricted area of the airport or aerodrome;

d) To comply with the regulated principles of occupational safety and fire prevention; to put on work uniform pursuant to the employer’s regulations;

dd) To carry handheld radio transceivers when driving a vehicle in the airfield for two-way communication, and to obey the instructions of the air traffic controllers;

e) To obtain an air traffic controller’s clearance before driving on or crossing a runway or taxiway; to communicate continuously with air traffic controllers and abide by their guidance;

g) To inform air traffic controllers immediately of an incident or breakdown of the vehicle driven on a runway or taxiway or in an apron then to displace such vehicle quickly for repair; not to repair a vehicle in movement areas of aircrafts and other vehicles;

h) To pull the hand brake, kick down the prop stand or fit wheel chock(s) when the vehicle reaches the work site; to cease and observe upon seeing a stop sign on a service road before continue driving if detecting no sign of hazard;

i) To decelerate to the maximum extent or stop the vehicle to prevent unsafe happenings upon an aircraft s taxiing; the vehicle’s approach to the junction of a service road and a runway; the vehicle’s passing the apron, luggage loading and unloading area or passenger’s pathway; the limitation of vision; the vehicle’s dodging or giving way to another running in opposite direction or coming from behind, respectively;

k) To have at most 4 dollies attached to a tractor unit and to keep the total length of the dollies, excluding that of pole drawbars, from exceeding 12.2 m (40 feet). Before towed, baggage dollies must be covered and pole drawbars are securely hinged. Dollies are only detached from the tractor unit that stops completely and are not unhinged when being in motion;

l) To use the dipped (low-beam) headlamp and rotary flash lamp but not the high-beam light when operating vehicles in restricted areas of an airport or aerodrome at night, in a foggy condition or in the rain;

m) Not to stop a vehicle on a service road except for circumstances defined in Point h and i of this Article; not to park a vehicle against regulations or obstruct the movement of other vehicles; to park a vehicle in a regulated position when desiring to stop;

n) Not to pass through the gap between a marshalling vehicle and an aircraft taxiing; an aircraft and a marshaller; an aircraft taxiing into a parking position and the aircraft docking guidance system;

o) Not to drive under the fuselage, wings and engines of aircrafts, except functional vehicles that have to move partially under an aircraft during their service; not to drive vehicles more than 3.90 m in height under jet bridges; not to employ vehicles against the functionalities and purposes licensed; not to leave the driver’s cabin during the operation of the vehicle’s engine except refuellers with brake interlock system;

p) To abide by the principle of approaching an aircraft when it completely stops moving, it is fitted with wheel chocks, its main engines and warning strobes are turned off, unless the shutdown of its engines requires supporting equipment; to approach an aircraft in the regulated order; to park at the position defined in the service layout for each type of aircraft and not to disturb the activities of other vehicles operating in the airfield; to have a person guide vehicles reversing towards an aircraft, except those fitted with an automatic aircraft approach system;

q) Not to turn on the engine of the airfield vehicles parking within 15 m from the refueling position during the refueling of an aircraft;

r) Not to smoke in the airfield;

7. Airport and aerodrome operators shall be responsible for promulgating, propagating and applying the airfield safety principles.

Article 61. Inspection of technical quality, safety and environment protection of aviation vehicles

1. Aviation vehicles shall undergo periodical inspections of technical quality, safety and environment protection (hereinafter referred to as inspections) according to their technical literature. Vehicle inspection cycle is defined below:

a) The initial inspection cycle of a new vehicle is 24 months from the date of issue of its number plate;

b) The inspection cycle of a used vehicle is 12 months from the date of issue of its number plate or the date of previous inspection.

2. Civil Aviation Authority of Vietnam shall conduct or designate a competent organization to conduct inspections of aviation vehicles, provide guidelines on the content of inspection and supervise inspections.

Chapter VII

NATURAL DISASTER PREVENTION AND SEARCH AND RESCUE IN AIRPORTS AND AERODROMES

Article 62. General provisions

1. Natural disaster prevention, search and rescue in an airport or aerodrome consist of:

a) Natural disaster prevention;

b) Aerodrome emergency activities.

2. Natural disaster prevention, search and rescue in an airport or aerodrome shall be subject to the regulations on natural disaster prevention, aviation search and rescue, to ICAO’s standards and to technical regulations and standards that Vietnamese authorities promulgate or recognize.

3. Airport and aerodrome operators shall lead and cooperate with companies operating in the airport or aerodrome in natural disaster prevention, search and rescue, initial response to acts of unlawful interference in civil aviation.

4. Airport and aerodrome operators shall maintain the minimum equipment and vehicles for natural disaster prevention, search and rescue pursuant to the standards in force. Airport and aerodrome operators can mobilize the equipment and vehicles of the companies operating in the airport or aerodrome.

5. Civil Aviation Authority of Vietnam shall guide airport and aerodrome operators and companies operating in airports and aerodromes to establish the fundamental system and personnel; conduct drills and enter coordination contracts for natural disaster prevention, search and rescue in airports and aerodromes.

Article 63. Natural disaster prevention in airports and aerodromes

1. Operators of airports and aerodromes shall be responsible for:

a) Promulgating and enforcing the plans for natural disaster prevention in airports and aerodromes pursuant to regulations;

b) Formulating and signing the collaboration agreements in natural disaster prevention with airport-related organizations and bodies and with local authorities pursuant to regulations;

c) Examining, scrutinizing, supplementing and maintaining the equipment and vehicles for natural disaster prevention;

d) Examining and maintaining the anchoring and aircraft parking system in aprons; examining and reinforcing premises, buildings, hangars and towers;

dd) Examining the airport drainage system and the connection of the drainage systems inside and outside airports on regular and periodical basis to prevent water logging and flood in rainy and stormy seasons;

e) Examining the lightning protection systems of buildings, terminals and towers in airports and aerodromes.

2. Companies operating in airports and aerodromes shall be responsible for:

a) Promulgating their specific plans for natural disaster prevention;

b) Examining, scrutinizing, supplementing and maintaining the natural disaster prevention equipment systems of their premises, buildings and towers;

c) Cooperating with the operators of airports and aerodromes in preventing natural disasters and recovering from consequences.

Article 64. Aerodrome emergency activities

1. Aerodrome emergency activities include:

a) Search and rescue of aircrafts involved in incidents outside airports and aerodromes but in areas for which airport and aerodrome operators are held responsible;

b) Aerodrome emergency response for aircrafts that meet with incidents or accidents at airports and aerodromes;

c) Aerodrome emergency response to fire, explosion, storm-induced collapse, flooding, unlawful interference in airport and aerodrome buildings, hangars and towers, or medical emergency response;

d) Aerodrome emergency activities in extreme environmental conditions, complex or coastal terrains adjacent to aerodromes;

dd) Emergency response to unlawful interference with civil aviation pursuant to regulations.

2. Airport and aerodrome operators shall formulate aerodrome emergency plans, establish professional units for airport and aerodrome emergency response pursuant to ICAO’s regulations, and cooperate closely on contract basis with local authorities and organizations in regard to aerodrome emergency activities.

3. Providers of aviation services in airports and aerodromes shall be responsible for maintaining sufficient personnel and equipment according to the aerodrome emergency plans of the operators of the airports and aerodromes.

4. An aerodrome emergency plan consists of:

a) General provisions: objectives, regulated entities, scope of responsibility, legal grounds, classification of emergencies and document revision procedure;

b) Execution of emergency activities: emergency command committee and emergency center of the airport or aerodrome, emergency alert station, onsite command committee; establishment of areas, routes and entrances for personnel and vehicles engaged in emergency response;

c) Specification of responsibilities of units for organizing, collaborating and implementing emergency activities;

d) Communications system for emergency activities;

dd) Personnel, vehicles and equipment for emergency activities;

e) Investigation and recovery: units’ responsibilities for investigation and recovery from incidents and accidents;

g) Emergency patrol, training and drill;

h) Reporting;

i) Cooperation with local emergency command committee;

k) Appendices: areas included in the search and rescue range of the airport or aerodrome; sequence of notification upon emergency; sequence of notification and alert upon acts of unlawful interference; sequence of command upon emergency; sequence of communication, code names and frequencies for emergency activities; phone numbers of individuals and organizations concerning emergency activities; airport and environs grid maps; diagrams of gates, doors and entrances for emergency response personnel and vehicles; emergency simulations.

5. Aerodrome emergency plans are intended for onsite and full-scale emergencies and consist of the following phases:

a) Information collection and situation analysis;

b) Alert;

c) Emergency.

6. Airport and aerodrome operators shall command and manage aviation units to respond initially to aerodrome emergencies, search and rescue in their designated areas, and cooperate with relevant agencies and organizations in searching and rescuing aircrafts in their designated areas after completing the initial response as per the Prime Minister’s regulations on cooperation in search, rescue and response to acts of unlawful interference with civil aviation.

7. Airport and aerodrome operators shall implement airport and aerodrome emergency plans in the following manner:

a) Deploy emergency and rescue units to be prepared to respond and approach the scene of accident or incident;

b) Activate the airport emergency center;

c) Notify relevant collaborative units;

d) Have medical and ambulance services ready to respond and approach the scene of accident or incident;

dd) Notify the operator of the aircraft involved in the incident or accident; collect information on hazardous cargo on the aircraft and inform relevant entities;

e) Report to the relevant airports authority; communicate with the air navigation service provider in regard to the shutdown of the relevant airport or aerodrome, define the emergency flight corridor, issue NOTAMs;

g) Notify the agencies investigating aircraft incidents and accidents as per regulations;

h) Notify the relevant meteorology center to release special meteorological notice;

i) Assign individuals to survey and photograph the runways affected to have timely solutions;

k) Notify the post-mortem examination agency if there are fatalities, and establish a temporary mortuary.

8. Airport emergency drills shall be conducted periodically in each airport or aerodrome on the following scale:

a) Overall aerodrome emergency drill shall be carried out at least once every 2 years;

b) A fundamental aerodrome emergency drill shall occur between two overall drills to rectify shortcomings exposed in an overall drill.

Article 65. Aerodrome firefighting

1. The level of aerodrome firefighting shall be defined pursuant to ICAO’s standards. The level of aerodrome firefighting shall be presented in the AIP, the aerodrome’s flight regulation and the airport or aerodrome operation literature and be notified to relevant organizations and units.

2. The operator of an airport or aerodrome shall report to the Civil Aviation Authority of Vietnam, notify air navigation service providers and issue notices to the aircraft departing from or arriving at the airport or aerodrome upon the change to the aerodrome firefighting level due to problems in firefighting equipment and vehicles. The airport or aerodrome operator, after rectifying the problems, shall send other notifications of the level of aerodrome firefighting as per regulations.

Article 66. Requirements for rescue and firefighting personnel, communication and alert systems, response time, aerodrome firefighting and emergency equipment and vehicles

1. Firefighting and rescue personnel shall undergo appropriate training courses in specialized training institutions, possess proper certificate(s) and participate in firefighting and rescue drills in the airport or aerodrome. Training courses for firefighting and rescue personnel shall involve individual skills and teamwork.

2. Firefighting and rescue personnel shall be regularly trained in practical actions to handle proficiently the firefighting equipment on fire engines and to deploy the equipment to the maximum extent during a process of firefighting or rescue. In addition, they shall be adept in using ropes, ladders and other rescue and firefighting equipment in connection with aircraft rescue and firefighting.

3. Airport and aerodrome operators shall assign firefighting staff sufficiently in line with the aerodrome level, arrange fire equipment and clothing adequately for firefighting and rescue personnel according to the airport or aerodrome firefighting plans, arrange fire engines and rescue vehicles on standby in places defined in the aerodrome emergency plan, and arrange intermediate (satellite) firefighting stations to respond in the regulated time.

4. The operator of an airport or aerodrome shall maintain a system of direct communication between each fire station and the aerodrome control tower, between fire stations in the aerodrome, between rescue vehicles, fire engines and the air traffic control tower and ground control tower. Moreover, an alert system for rescue and firefighting staff shall be maintained.

5. The operator of an airport or aerodrome shall arrange aerodrome firefighting and emergency equipment and vehicles in line with the size of the airport, aircraft traffic, aerodrome firefighting level, and topographic conditions of the airport or its vicinity. The operator of an airport or aerodrome in a region with complex topographic and environmental conditions shall dispose firefighting and emergency equipment and vehicles accordingly.

6. An authorized person shall command universally ambulances and medical vehicles to transport the injured from an aircraft in distress according to the aerodrome emergency plan. Such vehicles shall be anticipated in the rescue plans for all emergencies.

7. Response time means the period of time from the initial alert to the first fire engine’s release of foam at no less than 50% of the release speed at the location of the aircraft in distress. The following rules apply to the response time of fire engines:

a) The response time of fire engines shall not exceed 02 minutes to reach a position on a runway in the conditions of good visibility, clean road surface and no rain;

b) The response time of fire engines shall not exceed 03 minutes to reach a section of the airfield in the conditions of good visibility, clean road surface and no rain.

8. Fire engines shall be maintained to assure the efficiency and response time defined for the entire service life of the vehicles.

9. Aerodrome firefighting and rescue vehicles and equipment shall always be available to respond promptly to the emergencies ensuing in the search and rescue range of the airport.

Article 67. Prevention of fire and explosion in airports and aerodromes

1. The operator of an airport or aerodrome and the organizations operating in the territory of the airport or aerodrome shall formulate regulations on fire and explosion prevention and firefighting plans, which consist of the following contents, pursuant to the legislation on firefighting:

a) Large complicated and typical fires, anticipated development of fire;

b) Plans for mobilization of personnel and vehicles, command, application of firefighting tactics and escape solutions according to each stage and each situation of fire;

c) Plans for cooperation with firefighting agencies, military and police units, and other relevant organizations in the locality upon an event of fire or explosion in the airport or aerodrome.

2. The operator of an airport or aerodrome shall assume the centralized management of fire and explosion personnel mobilized from the companies operating in the territory of the airport or aerodrome; establish a specialized firefighting team, maintain the regular training in firefighting methods and usage of firefighting equipment; assign employees to examine regularly the assurance of firefighting safety; and cooperate closely with local authorities and relevant entities in preventing fire and explosion.

3. The content of training in fire and explosion prevention shall accord with the specific dangers of fire in the premises. The specialized firefighting team of an airport shall be trained not only in aerodrome emergency firefighting but also in terminal firefighting tactics.

4. The design, construction, repair, renovation and operation of terminals shall adhere to current regulations on firefighting.

5. The use of gas-fueled and electric devices for food processing in a terminal shall be subject to the authorization of the terminal service provider and to the regulations on firefighting safety.

6. Smoking is not allowed in airports and aerodromes and is only permissible in reserved areas.

7. Aircraft maintenance and repair hangars shall be equipped with an automatic firefighting system and explosion prevention system for aircrafts.

8. Aviation fuel service providers shall have warehouses, tanks, tank trucks, refuellers and petrol testing centers that comply with the regulated standards and are inspected and licensed by competent specialized agencies. In addition, they shall possess fire and explosion prevention plans approved by competent specialized agencies.

9. Aviation fuel service providers shall have plans for response to natural disasters and oil spill that affect the environment; possess plan(s) and system(s) for gathering and treatment of waste oil and spilled oil; and enter collaboration agreements with local organizations and units for handling fire, explosion and oil spill.

Chapter VIII

ASSURANCE OF AIRPORT AND AERODROME OPERATION

Article 68. Control and minimization of hazards from birds, wildlife and pets

1. The control and minimization of hazards from birds, wildlife and pets shall be subject to Vietnam’s laws, ICAO’s standards and other technical regulations and standards that Vietnamese authorities promulgate or recognize.

2. The operator of an airport or aerodrome shall lead and cooperate with local authorities and relevant organizations in:

a) Surveying and monitoring, in writing, the status of birds and wildlife inhabiting the territory and vicinity of the airport or aerodrome, such as their types and quantity by month and season;

b) Assessing the environmental impacts and elements in the airport and its vicinity, to which birds and wildlife are attracted;

c) Surveying the status of pets in the territory and vicinity of the airport or aerodrome;

d) Monitoring, in writing, the menaces against flight safety due to birds, wildlife or pets, such as species, time of occurrence, classification and evaluation of the hazard level of each species;

dd) Promulgating and propagating programs for containment of bird, wildlife and pet to relevant entities operating in the airport or aerodrome, and implementing such programs in the airport or aerodrome;

e) Considering the implementation of projects and buildings that preclude and reduce the attraction of birds and wildlife to the airport or aerodrome; restraining the raising of pets in the airport or aerodrome; and preventing the intrusion of pets into the airport or aerodrome;

g) Reporting to the Civil Aviation Authority of Vietnam on monthly or quarterly basis or upon request about the results of statistics, surveying and assessment of impacts of birds, wildlife and pets on the air traffic of the airport or aerodrome.

3. Civil Aviation Authority of Vietnam shall notify ICAO of the collision of aircrafts with birds and wildlife.

Article 69. Control of lighting equipment’s impact on flight activities

1. The operator of an airport or aerodrome shall formulate diagrams on the range of effect on flight activities of laser lamps and high-intensity lighting devices in the aerodrome operation literature; and send such diagrams to the entities operating in the airport or aerodrome and relevant local authorities for control cooperation.

2. The control and minimization of hazards from laser lamps and high-intensity lighting devices that are not aviation guidance beacons shall be subject to this Circular and ICAO’s standards.

Article 70. Management of aviation obstacles

1. The management of aviation obstacles in an airport or aerodrome and its vicinity shall be subject to Vietnam s laws and ICAO s standards.

2. Civil Aviation Authority shall be responsible for:

a) Regulating the aviation obstacle limitation surfaces, the height of buildings in connection with aviation obstacle limitation surfaces in aerodromes and in restricted functional areas of towers and aviation radio stations; and the limitation of obstacles in the vicinity of airports and aerodromes; and presenting such regulations to the General Staff for approval;

b) Cooperate with relevant agencies and units under the General Staff, ministries, bodies and provincial People’s Committees in managing aviation obstacle limitation surfaces, precluding and handling the buildings in violation of aviation obstacle limitation surfaces and of civil flight activities; propagating information to organizations and communities in the territory and vicinity of aerodromes to have them participate in the maintenance and management of obstacle limitation surfaces for the safety of flight activities;

c) Publishing the aviation obstacle limitation surfaces and maps of obstacles in civil flight areas, the list of natural and artificial obstacles that may affect the safety of flight activities.

3. Airports authorities shall be responsible for:

a) Measuring and mapping obstacles in civil flight areas; reckoning and marking natural and artificial obstacles that may affect the safety of flight activities; updating the data on obstacles; and reporting thereof to the Civil Aviation Authority of Vietnam;

b) Inspecting and supervising the compliance with regulations on management of aviation obstacles in airports, aerodromes and their vicinity.

Article 71. Radio communication

1. Radio communication in airports and aerodromes shall be subject to the legislation on management of radio frequencies and on civil aviation.

2. Individuals and organizations utilizing radio devices in airports and aerodromes, upon being licensed by competent authorities, shall notify airports authorities of their utilization of such devices.

Article 72. Requirements for environment protection

The protection of environment in airports and aerodromes shall be subject to the legislation on environment protection in civil aviation activities.

Article 73. Requirements for plague prevention

1. Vehicles, organizations, agencies and individuals working in airports and aerodromes shall abide by the legislation on prevention of plagues in airports and aerodromes and prevention of plagues transmitted by air. Moreover, they shall adhere to the instructions of competent government authorities.

2. Passenger terminals shall be subject to the following conditions:

a) Normal hygienic prevention of diseases; intensification of hygiene and sterilization with permissible disinfectant chemicals during a plague pursuant to the regulations of World Health Organization, ICAO and Ministry of Health;

b) Arrangement of sufficient disinfectant solutions or hand soaps in toilets;

c) Arrangement of sufficient equipment, protective gears, medicines and chemicals for anti-plague measures pursuant to the Ministry of Health s instructions.

3. In an event of plague outbreak, the providers of passenger terminal services shall be responsible for arranging examination areas for passengers health declaration and areas for health monitoring, temperature checkup or other measures of health examination and treatment pursuant to the laws. An examination area is defined below:

a) Arriving passengers: on the aircraft or prior to their entry into the terminal; or inside the terminal prior to other procedures;

b) Departing passengers: inside the terminal prior to boarding.

4. In an event of contagious plague, international and domestic aircrafts shall be sterilized with permissible disinfectant chemicals according to the Ministry of Health’s plague alert level pursuant to the regulations of the World Health Organization, ICAO and Ministry of Health. The process of sterilization proceeds in the following manner:

a) If an aircraft or its passengers or its crews or its cargo shows signs of a contagious disease in group A, the aircraft shall be isolated, examined and medically treated prior to entry, departure or transit;

b) If a passenger shows signs of a contagious disease in group A, the relevant aircraft shall be sterilized prior to the unloading of passengers from the aircraft.

5. An anti-plague steering committee, under the management of the airports authority, shall be established in cooperation with international medical quarantine organizations, the operator of the airport or aerodrome, passenger terminal service providers and state management agencies operating in the international airport. The steering committee shall be responsible for:

a) Conducting essential measures according to the guidelines and instructions of competent government authorities concerning the prevention of plagues in airports and aerodromes and the prevention of plagues transmitted by air;

b) Issuing the plans for plague prevention in the airport or aerodrome and prevention of plagues transmitted by air, and the specific procedure upon detection of persons suspected of contracting a plague, on the principle of absolute priority over medical treatment process and simplification of aviation formalities, immigration formalities and customs formalities pursuant to regulations;

c) Propagating information and raising the awareness of the officials and employees in the airport or aerodrome in plague prevention and public health;

d) Organizing supportive measures: arrange parking positions for isolated aircrafts; arrange areas for medical examination equipment, arrange pathways for passengers in the airport or aerodrome; arrange isolation areas available upon request for passengers suspected of contracting or having been infected with a contagious disease; maintain security and support the enforcement of mandatory measures against people and vehicles; provide support to medical quarantine, sterilization, environmental hygiene and means of transport; mobilize resources of the individuals and organizations carrying out business activities in the airport or aerodrome for imperative measures for prevention of plague transmission.

6. Air transport companies shall be responsible for propagating information so as for passengers to declare health conditions fully and accurately and for cooperating with competent agencies in preventing plague transmission; for notifying promptly the agencies in charge of aircrafts departing from or arriving in the regions where a contagious plague spreads; for cooperating with competent agencies in handling passengers suspected of contracting or having been infected with a contagious disease.

7. Civil Aviation Authority of Vietnam shall guide and direct aviation entities to cooperate with medical quarantine agencies in implementing measures for preventing plagues in airports and aerodromes and for preventing plagues transmitted by air according to the guidelines of World Health Organization and ICAO and the regulations of the Ministry of Health.

Article 74. Advertisement

1. The construction of advertisement structures shall adhere to the plans approved, the legislation on advertisement and on construction of buildings in airports and aerodromes, and the technical regulations on construction and installation of advertisement facilities.

2. The operator of such structures can conduct advertising activities at the structures under their management or operation.

3. The construction of advertisement structures and the installation of advertisement facilities shall be subject to the following requirements:

a) No interference with the aesthetic and architectural features of the terminals and the signs inside the terminals;

b) No placement of advertisement panels or use of fliers and sound for advertisement in the airfield;

c) No placement of advertisement panels at emergency exits of the premises;

d) No placement of advertisement panels that interfere with aviation safety, aviation security, firefighting, traffic safety or movement of passengers and cargo;

dd) No use of sound for advertisement in infrastructural buildings of the airport or aerodrome or in other buildings, causing interference with aviation services;

e) No installation of light boards and advertisement panels whose rotary lamp, laser light protector and lighting device interfere with the flight activities in the airport or aerodrome;

g) No use of hot air balloon, balloon, kite and other flying objects for advertisement in the airport or aerodrome;

h) No advertisement on the vehicles operating in restricted areas of the airport or aerodrome or the equipment in the apron, causing interference with flight activities or normal functionalities of such vehicles and equipment.

4. Airports authorities shall be responsible for inspecting and supervising the construction of advertisement structures and the advertising activities and for suspending those in violation of the laws.

Article 75. Allocation of time slots for takeoff and landing

1. Civil Aviation Authority of Vietnam shall establish a Slot Coordination Council in each airport or aerodrome to survey and publish the list of airports and aerodromes permitted for coordination and their operational capacity limit pursuant to the laws.

2. Civil Aviation Authority of Vietnam shall allocate time slots for takeoff and landing in airports and aerodromes according to the recommendations of the Slot Coordination Councils. The confirmation of takeoff and landing time slots in the regular flight schedule of airports and aerodromes shall proceed pursuant to the updated Worldwide Slot Guidelines and Standard Schedules Information Manual of IATA and the regulations of the Civil Aviation Authority of Vietnam on coordination of takeoff and landing time slots.

Article 76. Bases of domestic airlines

1. Civil Aviation Authority of Vietnam shall announce the aerodromes serving as bases of domestic airlines at their requests according to:

a) The actual operational capacity of the apron of the aerodrome coordinated by the operator of the airport or aerodrome;

b) The demand for the domestic airline’s flight routes concerning its base;

c) The assurance of aircraft operation safety; limitation of interference with domestic airlines’ operation plans and flight operation plans of the airport or aerodrome.

2. The operator of airports and aerodromes shall arrange overnight parking positions for domestic airlines at their bases according to the announcement of bases and quantity of overnight parking positions as stated in Section 1of this Article.

Article 77. Allocation of check-in counters

1. The provider of operational services in a passenger terminal shall allocate check-in counters to airlines and ground-based commercial service providers in a flexible manner so as to deploy all check-in counters in the passenger terminal in rush hours and to prevent continuous congestion at check-in counters.

2. The airports authority shall be responsible for supervising the implementation of principles for allocation of check-in counters as stated in Section 1 of this Article.

Article 78. Relocation of immobile aircrafts

1. The plan(s) for relocating inoperative aircrafts in the airfield shall be defined in the aerodrome operation literature.

2. An inoperative or immobile aircraft that remains in an area where flight activities occur shall be moved to another place to avoid interference with ordinary civil aviation. The relocation of an immobile aircraft shall be burdened upon the operator of such aircraft. The operator of an inoperative aircraft shall move the aircraft as per the request and instruction of the operator of the airport or aerodrome. If the operator of the aircraft is not capable of the relocation process, it shall collaborate with the airport of the airport or aerodrome for the latter’s relocation of the aircraft at the expense of the operator of the aircraft.

3. The relocation of an immobile aircraft in an aerodrome shall proceed in the following order:

a) Determine the damage level of the aircraft in distress at the earliest time to notify the requirement to the relocation service provider for its swift arrival and delivery of service on contract basis, anticipate the schemes to cooperate in relocation; notify the investigation agency and insurance company for their arrival at the scene;

b) Establish pathways for special vehicles relocation of the aircraft;

c) Remove the accumulator or ground wire, remove the power supply from the conductor bar; ventilate the interior of the aircraft, extinguish fire at positions where smoke belches, clean fluids and dirt inside the fuselage and on the ground prior to relocation. Reduce the weight of the aircraft by draining oil, clearing cargo and dismantling removable parts of the aircraft to ease its relocation;

d) Transport specialists and relocation equipment outsourced by the relocation service provider to the scene; prepare the personnel and devices to cooperate with the relocation service provider in the steps of relocation;

dd) Move the aircraft and make repairs according to the scheme approved;

e) After the relocation of the aircraft, clear the ground and examine the overall status; resume the operation of the runway pursuant to regulations if safety is assured.

4. Requirements during the relocation:

a) Fire engine(s) and ambulance(s) shall be present and ready at the scene;

b) The communication with the aerodrome control tower and relevant agencies shall be maintained to avoid interference with flight activities on other runways;

c) The relocation process does not worsen the aircraft’s damage unless otherwise decided by the owner or operator of the aircraft if it is so broken than repair is infeasible;

d) The relocation position is convenient for the process and available for the aircraft to remain in a long time;

dd) Smoking is not allowed at the scene and its vicinity;

e) The relocation of the aircraft is subject to the authorization of the investigation agency.

5. The operator of the aircraft shall collaborate with the operator of the airport or aerodrome to guard and protect the damaged aircraft relocated to a parking position defined in the plan for relocation of inoperative aircrafts for the investigation of aircraft incident pursuant to regulations.

6. The collaboration plan for handling immobile aircrafts in the airport shall indicate the location of the onsite command committee, important phone numbers and pathways for aircraft relocation vehicles.

Chapter IX

PROVISION OF AVIATION SERVICES IN AIRPORTS AND AIRODROMES

Article 79. Provision of aviation services

1. Civil Aviation Authority of Vietnam shall license companies provision of aviation services in airports and aerodromes pursuant to the laws and anti-monopoly principles.

2. The written evidences of the compliance with technical regulations and standards on aviation safety, aviation security, fire and explosion prevention and environment protection include:

a) The aviation security programs and regulations;

b) The documents on services provided, which indicate the fields of service; scope of service (service range, servicing facility diagrams); procedure, plan for aviation service provision; list of equipment and vehicles;

c) Record(s) of firefighting agencies acceptance of fire prevention; firefighting plan(s) approved by competent authorities;

d) Certificates of inspection of aviation vehicles; licenses of vehicles operating in restricted areas; certificates of technical safety and environment protection;

dd) Environment protection documents as regulated by the laws.

3. The selection of permissible aviation service providers in airports or aerodromes is at the discretion of airlines. Civil Aviation Authority of Vietnam may designate aviation service providers for airlines for aviation safety according to:

a) The capacity of the infrastructure;

b) The demands for special aviation security measures.

4. Service users shall be entitled to evaluate the aviation services provided in the airport or aerodrome according to standards in effect. The result of evaluation by aviation safety and security standards shall be sent to the Civil Aviation Authority of Vietnam and the relevant airports authority for inspection, supervision and remedial actions as per regulations.

5. The provision of aviation services in airports and aerodromes shall be subject to ICAO s standards, technical regulations and standards in effect and this Circular.

6. Jet bridges shall incorporate relevant technical services. If a jet bridge has technical issues, technical services shall be utilized according to the agreement between the user and the entity licensed to provide services in the aerodrome.

Article 80. Provision of non-aviation services

1. The provision of non-aviation services in airports and aerodromes shall be subject to the anti-monopoly principle.

2. The use of premises for provision of non-aviation services in passenger terminals and cargo terminals shall be subject to the terminal operation literature.

3. Non-aviation service providers shall be responsible for notifying the airports authority of:

a) Names of relevant organizations and individuals; types of service, list of products and merchandises; positions and premises for service provision;

b) The contracts or agreements by the terminal service provider with the providers of non-aviation services in the airport.

4. Airports authorities shall inspect and supervise the provision of non-aviation services, handle or request competent authorities to handle violations in the provision of non-aviation services.

Chapter X

IMPLEMENTATION

Article 81. Effect

This Circular takes effect as of December 15, 2016 and replaces the Circular No. 16/2010/TT-BGTVT dated June 30, 2010 by the Minister of Transport on the management and operation of airports and aerodromes, the Circular No. 19/2011/TT-BGTVT dated March 31, 2011 by the Minister of Transport on amendments to certain articles of the Circular No. 16/2010/TT-BGTVT, and Article 3 of the Circular No. 38/2014/TT-BGTVT dated September 05, 2014 by the Minister of Transport on the assurance of aviation fuel engineering in Vietnam.

Article 82. Implementationorganization

Chief of Office, Chief inspector of the Ministry, heads of departments, Head of the Civil Aviation Authority of Vietnam, heads of organizations and individuals concerned shall implement this Circular./.

The Minister

Truong Quang Nghia