Thông tư 62/2011/TT-BGTVT cấp giấy phép cho các chuyến bay dân dụng

CIRCULAR

STIPULATING THE GRANT OF FLIGHT PERMITS FOR CIVIL FLIGHTS IN VIETNAM

Pursuant to the June 29, 2006 Law on Civil Aviation of Vietnam;

Pursuant to the Government s Decree No. 51/2008/ND-CP of April 28, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government s Decree No. 94/2007/ND-CP of June 4, 2007, on management of air navigation;

The Minister of Transport stipulates the grant of flight permits for civil flights in Vietnam as follows;

Article 1. Scope of regulation This Circular provides for:

1. Agencies that grant, modify and cancel flight permits for civil flights in Vietnam.

2. Responsibilities of flight permit-granting agencies: and procedures for granting flight permits for civil flights in Vietnam, including: scheduled flights and non-scheduled flights to and from the Vietnamese territory: scheduled flights and non-scheduled flights over the Vietnamese airspace.

3. Procedures for receiving flight notices for flights across or within flight information regions above the international seas under Vietnam s management.

4. The elaboration and implementation of air navigation plans.

Article 2. Subjects of application

This Circular applies to all organizations and individuals involved in the grant of flight permits for civil flights in Vietnam.

Article 3. Interpretation of terms

1. Flight permit means a document or command granted by a competent state agency, indicating conditions and allowable limits of operation of an aircraft.

2. Flight means operation of an aircraft from takeoff until subsequent landing over or within the airspace above the Vietnamese territory or flight information regions above the international seas under Vietnam s management.

3. Scheduled flight means a commercial carriage flight conducted on a routine basis according to a notified schedule and open for public use.

4. Non-scheduled flight means a flight other than scheduled flights.

5. Inbound/outbound flight means a flight with the takeover point or landing point or both takeover and landing points within the Vietnamese territory.

6. Transit flight means a flight above the Vietnamese airspace, with its takeover and landing points outside the Vietnamese territory.

7. International flight means a flight across, to or from the territories of two or more countries.

8. Domestic flight means a flight with its takeover and landing points within the Vietnamese territory.

9. Commercial carriage flight means a flight carrying passengers, luggage, cargoes, postal parcels and matters, or mails for the profit-making purpose.

10. Commercial general aviation flight means a general aviation flight conducted for the profit-making purpose.

11. Ferry flight means a flight conducted to take an aircraft to a repair or maintenance establishment (including aircraft with a temporarily invalid airworthiness certificate) or turn around or move an aircraft to another airfield not for the profit-making purpose

12. Flight of official-duty aircraft means a flight of a military aircraft, a special-use aircraft of the customs or public security force or a civil aircraft used entirely for official-duty purposes.

13. Case of emergency means a case when a flying aircraft experiences a technical breakdown, has a passenger in need of intensive care, encounters a bad weather condition or has its safely and security threatened to an extent that the flight plan must be partially changed to assure flight safety.

14. Flight permit applicant means an aircraft operator or carrier or a person authorized by such aircraft operator or carrier to apply for a flight permit.

15. AFTN stands for the Aeronautical Fixed Telecommunication Network, which is exclusively used for civil aviation.

16. LATA stands for the International Air-Transport Association.

17. ICAO stands for the International Civil Aviation Organization.

Article 4. Agencies granting, modifying and canceling flight permits for civil flights in Vietnam

1. The Civil Aviation Administration of Vietnam shall grant, modify and cancel flight permits for civil flights in Vietnam specified in Clause 3, Article 15 of the Government s Decree No. 9/2007/ND-CP of June 4. 2007. on management of air navigation.

a/ The address for filing applications for grant or modification of flight permits for inbound/outbound flights:

The Air Transport Division of the Civil Aviation Administration of Vietnam.

No. 119. Nguyen Son street. Long Bien district. Hanoi city.

Telephone: 84-4-38272281; Fax: 84-4-38272290: AFTN: VVVVYVYX.

Email: atd@caa.gov.vn

Working days: Monday through Friday.

Working hours: from 7:30 hrs to 11:30 hrs and from 13 hrs to 16:30 hrs.

b/ The address for filing applications for grant or modification of flight permits for transit flights:

The Air Navigation Management Division of the Civil Aviation Administration of Vietnam.

No. 119. Nguyen Son street, Long Bien district, Hanoi city.

Telephone: 84-4-38723600; Fax: 84-4-38274194: AFTN: VVVVYAAN.

Email: and@caa.gov.vn

Working days: Monday through Friday.

Working hours: from 7:30 hrs to 11:30 hrs and from 13 hrs to 16:30 hrs.

2. The Vietnam Air Traffic Management Corporation shall grant, modify and cancel flight permits:

a/ For flights specified in Clause 5. Article 15 of the Government s Decree No. 94/2007/ ND-CP of June 4, 2007. on management of air navigation:

b/ The address for filing applications for grant or modification of flight permits for the cases specified in this Clause is as follows:

The Air Traffic Coordination Center of the Vietnam Air Traffic Management Corporation.

No. 5/200 Nguyen Son street. Long Bien district. Hanoi city.

Telephone: 84-4-38271840: Fax: 84-4-38259222:

AFTN: VVVVZGZX; Email: atc_c@hn.vnn.vn

Working time: Around the clock, 7 days a week.

Article 5. Responsibilities of flight permit-granting agencies

1. The grant of flight permits complies with Article 82 of the 2006 Law on Civil Aviation of Vietnam, the Government s Decree No. 94/2007/ND-CP of June 4, 2007, on management of air navigation, treaties to which Vietnam is a contracting party, and requirements specified in this Circular.

Flight permit applicants shall bear full responsibility for the truthfulness of provided information and documents. In special cases for security or defense reasons, flight permit-granting agencies may refuse to grant flight permits without having to clearly state reasons.

2. For scheduled inbound/outbound flights, flight permit-granting agencies shall inspect whether:

a/ These flights arc operated in conformity with the air carriage right granted by the Civil Aviation Administration of Vietnam for commercial carriage flights;

b/ Aircraft intended for operation have valid airworthiness certificates:

c/ Aircraft operators have aircraft operator certificates granted by the Civil Aviation Administration of Vietnam (for Vietnamese aircraft operators) or operation capacity approvals (for foreign aircraft operators):

d/ Airlines have air security programs approved by the Civil Aviation Administration of Vietnam:

e/ Types of aircraft, air routes, expected operation frequency and hours are suitable to conditions for safe, harmonious and effective operation of airports, airfields and air routes;

f/ The observance of the procedures specified in Article 7 of this Circular, for general aviation flights and commercial carriage flights in the Vietnamese airspace but outside air routes. general aviation areas or airfield airspaces.

3. For non-scheduled inbound/outbound flights, flight permit-granting agencies shall inspect the following:

a/ The observance of the provisions of Points b. e and f. Clause 2 of this Article;

b/ The observance of the provisions of Points c and d. Clause 2 of this Article by commercial carriage flights and commercial general aviation flights:

c/ No adverse impacts of commercial carriage flights on commercial operation of scheduled flights.

4. For transit flights, flight permit-granting agencies shall inspect whether:

a/ The operation frequency and duration and air routes expected to be used are suitable to the capacity of providing services of assuring safe, harmonious and effective air navigation:

b/ Aircraft operators of commercial carriage flights or commercial general aviation flights possess aircraft operator certificates granted by aviation authorities of countries of aircraft operators.

5. For ferry flights for aircraft with temporarily invalid airworthiness certificates, flight permit-granting agencies shall coordinate with one another in checking written certifications of aviation authorities that have granted airworthiness certificates for special flight permits or ferry flight permits.

Article 6. Procedures for granting flight permits

1. An applicant for a flight permit for civil flights in Vietnam shall send an application dossier set directly, by post, email, fax or AFTN to a flight permit-granting agency defined in Article 4 of this Circular and bear responsibility for information in such dossier. Such dossier comprises:

a/ An application, made according to the form provided in Appendix 1 to this Circular:

b/ A flight plan, for general aviation flights;

c/ A copy of the written certification of the aviation authority that has granted an airworthiness certificate for a special flight permit or ferry flight permit in case the aircraft has a temporarily invalid airworthiness certificate.

2. Time limits for filing an application dossier and for the grant, modification or cancellation of a flight permit for civil (lights in Vietnam comply with Articles 17, 18, 19 and 20 of the Government s Decree No. 94/2007/ND-CP of June 4, 2007, on management of air navigation.

Article 7. Procedures for approving operation plans for general aviation Rights or commercial carriage flights in the Vietnamese airspace but outside air routes, general aviation areas or airfield airspaces

1. Responsibilities of flight permit applicants:

Before applying for a flight permit under Article 6 of this Circular for general aviation flights or commercial carriage flights in the Vietnamese airspace but outside air routes, general aviation areas or airfield airspaces, an applicant shall file 2 dossier sets of request for operation plan approval directly or by post to the Civil Aviation Administration of Vietnam and bear responsibility for information in such dossier.

2. A dossier of request for approval of an operation plan comprises:

a/ A written request for approval of an operation plan, made according to the form provided in Appendix 2 to this Circular:

b/ Copies of documents proving the legal status of the carrier or aircraft operator;

c/ A report on the air navigation area, airfield or landing strips outside airfields;

d/ A flight plan;

e/ Flight mode;

f/ A report on coordinated provision of air traffic services:

g/ A report on flight frequency;

h/A plan for assurance of aviation safety and security for flights.

3. Responsibilities of the Civil Aviation Administration of Vietnam:

a/ To receive and examine dossiers of request for operation plan approval and evaluate contents declared in these dossiers. For an incomplete dossier, within 3 working days after receiving it, the Civil Aviation Administration of Vietnam shall request in writing the applicant to complete the dossier. The time limit for approval shall be counted from the date the dossier is completed as requested.

b/ Within 3 working days after receiving a complete dossier, the Civil Aviation Administration of Vietnam shall examine it and send, directly or by post or fax. a written request to the Military Operation Department of the Ministry of National Defense for its opinions on the operation plan. The Military Operation Department of the Ministry of National Defense shall give its opinions agreeing or disagreeing with the operation plan, clearly staling the reason, within 10 working days after receiving the written request.

c/ Within 20 working days after obtaining the agreement of the Military Operation Department of the Ministry of National Defense, the Civil Aviation Administration of Vietnam shall evaluate and approve the operation plan. In case of disapproval, the Civil Aviation Administration of Vietnam shall reply in writing to the applicant, clearly stating the reason.

4. Time limit for granting a flight permit for specific flights under an approved operation plan:

The time limit for granting a flight permit for specific flights under an approved operation plan under this Article is 5 working hours after the receipt of a flight permit application.

Article 8. Ferry flight permits for flights on the condition that aircraft have temporarily invalid airworthiness certificates

1. For flights of aircraft having Vietnamese airworthiness certificates, aircraft operators shall carry out procedures for applying for ferry flight permits under the Civil Aviation Safety Rules applicable to aircraft and aircraft operation promulgated together with the Ministry of Transport s Circular No. 01/2011/ TT-BGTVT of January 27. 2011.

2. For flights of aircraft with foreign airworthiness certificates, aircraft operators shall obtain ferry flight permits (or special flight permits) granted by aviation authorities of the countries that have granted airworthiness certificates. Each permit comprises:

a/ Information on aircraft, aircraft engine and flight crew;

b/ Purpose of flight; planned itinerary:

c/ Contents incompliant with the applicable requirement of airworthiness;

d/ Recommendations of the aircraft manufacturer and limitations which the aircraft operator finds necessary for safe aircraft operation;

e/ Additional operation conditions and limitations set by the aviation authority of the country granting the ferry flight permit;

f/ Validity of the ferry flight permit.

Article 9. Addresses for granting flight permits

1. Addresses of flight permit applicants: As indicated in their flight permit applications.

2. The National Flight Management Center:

The Air Defense and Air Force.

Address: No. 176 Truong Chinh street. Thanh Xuan district. Hanoi city.

Telephone: 84-4-35635385/84-69562254; Fax: 84-4-38533652.

AFTN: VVVVYXYX.

Working time: Around the clock and 7 days a week.

3. The Flight Management Coordination Center of the Vietnam Air Traffic Management Corporation.

Address: As specified in Clause 2, Article 4 of this Circular.

Working time: Around the clock and 7 days a week.

4. The Northern Airport Authority:

The Noi Bai International Airport. Soc Son district. Hanoi city.

Telephone: 84-4-38840114/35844176; Fax: 84-4-38865832.

AFTN: VVNBYDYX; Email: naa@naa.gov.vn

Working time: Around the clock and 7 days a week.

5. The Central Vietnam Airport Authority:

The Da Nang International Airport, Hai Chau district. Da Nang city.

Telephone: 84-511-3656049; Fax: 84-511-3646688;

AFTN: VVDNYDYX; Email: cvmt@caa.gov.vn.

Working time: Around the clock and 7 days a week.

6. The Southern Airport Authority:

The Tan Son Nhat International Airport. Tan Binh district. Ho Chi Minh City.

Telephone: 84-8-35470418; Fax: 84-8-35470409:

AFTN: VVTSYDYX; Email: gsat@saa.gov.vn

Working time: Around the clock and 7 days a week.

7. The Northern Airport Corporation:

The Noi Bai International Airport, Soc Son district. Hanoi city.

Telephone: 84-4-38865540; Fax: 84-4-38865047;

AFTN: VVNBZPZX; Email: contacts® nacorp.com. vn

Working time: Around the clock and 7 days a week.

8. The Middle Airport Corporation:

The Da Nang International Airport, Hai Chau district, Da Nang city.

Telephone: 84-511-3614572; Fax: 84-511-3823393;

AFTN: VVDNZPZX; Email: kehoach @mac.gov.vn

Working time: Around the clock and 7 days a week.

9. The Southern Airport Corporation:

The Tan Son Nhat International Airport, Tan Binh district. Ho Chi Minh City.

Telephone: 84-8-38485383; Fax: 84-8-38445127;

AFTN: WTSZPZX: Email: trucbantruong@sac.org.vn

Working time: Around the clock and 7 days a week.

Article 10. Procedures for receiving flight notices and undertaking to provide air navigation assurance services for flights across or within flight information regions above international seas under Vietnam s management

1. Procedures for receiving flight notices and undertaking to provide air navigation assurance services for flights across or within flight information regions above international seas under Vietnam s management comply with Article 22 of the Government s Decree No. 94/2007/ND-CP of June 4, 2007, on management of air navigation.

2. Flight notices shall be sent directly or by post, email, fax or AFTN to air traffic service providers at the following addresses:

a/ The Hanoi Air Route Control Center of the Northern Air Navigation Management Company:

The Noi Bai International Airport. Soc Son district. Hanoi city.

Telephone: 84-4-38865352; Fax: 84-4-38866185;

AFTN: VVNBZRZX; Email: norals@hn.vnn.vn

b/ The Ho Chi Minh City Long Range Control Center of the Southern Air Navigation Management Company:

No. 22 Tran Quoc Hoan street. Ward 4. Tan Binh district. Ho Chi Minh City.

Telephone: 84-8-38441132/38441153; Fax number: 84-8-38443774;

AFTN: VVTSZRZX; Email: sorats @ hcm.vnn.vnn

c/ The Air Traffic Coordination Center of the Vietnam Air Traffic Management Corporation:

No. 5/200 Nguyen Son street. Long Bien. Hanoi city.

AFTN: VVVVZGZX; SITA: HANZGVN. HANZAVN.

Article 11. Elaboration and implementation of air navigation plans

1. Based on information on flight permits granted by relevant agencies, the Vietnam Air Traffic Management Corporation shall elaborate civil air navigation plans on a seasonal or daily basis, then send them to the National Flight Management Center, related regional airport authorities, airport corporations and air traffic service providers. A daily civil air navigation plan shall be sent no later than 15:00 hrs (Vietnam lime) of the previous day.

2. After receiving plans on military air navigation related to civil air navigation, the National Flight Management Center and the Vietnam Air Traffic Management Corporation shall summarize and send them to related regional airport authorities, airport corporations and air traffic providers.

3. Based on received flight permits, civil air navigation plans and military air navigation plans, air corporations shall elaborate daily air navigation plans for flights from or to airports and airfields in regions under their management, and notify them to related regional airport authorities and to their attached units and air service providers at airports and airfields. Daily air navigation plans shall be made according to set forms using operation hours being local time and three-character codes of airport and airfield names under IATA s regulations.

4. The regional airport authorities shall notify daily air navigation plans specified in Clause 2 of this Article to their attached airport authorities and stale management agencies at related airports and airfields: and supervise the implementation of air navigation plans of the airport corporations.

Article 12. Effect and implementation responsibility

1. This Circular takes effect 45 days after its signing and supersedes Clauses 9, 10 and 11. Article 1 of the Ministry of Transport s Circular No. 16/2011/TT-BGTVT of March 31, 2011, amending and supplementing a number of articles of Circular No. 26/2009/TT-BGTVT of October 28, 2009, on air transport and general aviation.

2. Promulgated together with this Circular are two appendices:

a/ Appendix 1: The form of application for flight permit for civil flights in Vietnam;

b/ Appendix 2: The form of request for approval of operation plans for general aviation flights and commercial carriage flights in the Vietnam airspace but outside air routes, general aviation areas and airfield airspaces.

3. The chief of the Office, the Chief Inspector of the Ministry of Transport, the directors of the Departments, the director of the Civil Aviation Administration of Vietnam, heads of related agencies and related organizations and individuals shall implement this Circular. -