Thông tư 09/2020/TT-BGTVT

Circular No. 09/2020/TT-BGTVT dated April 23, 2020 on providing amendments to Circular 19/2017/TT-BGTVT on prescribing air navigation management and provision of air navigation services

Nội dung toàn văn Circular 09/2020/TT-BGTVT amendments to Circular 19/2017/TT-BGTVT air navigation management


MINISTRY OF TRANSPORT
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
-------------

No.: 09/2020/TT-BGTVT

Hanoi, April 23, 2020

 

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 19/2017/TT-BGTVT DATED JUNE 06, 2017 OF MINISTER OF TRANSPORT PRESCRIBING AIR NAVIGATION MANAGEMENT AND PROVISION OF AIR NAVIGATION SERVICES

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

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 125/2015/ND-CP dated December 04, 2015 prescribing air navigation management;

At the request of the Director of Transportation Department and the Director of Vietnam Maritime Administration;

The Minister of Transport promulgates a Circular providing amendments to Circular No. 19/2017/TT-BGTVT dated June 06, 2017 of Minister of Transport prescribing air navigation management and provision of air navigation services.

Article 1. Amendments to Circular No. 19/2017/TT-BGTVT

1. Article 2 is amended as follows:

 “Article 2. Regulated entities   

1. This Circular applies to organizations and individuals involved in air navigation management and provision of air navigation services in Vietnam and within the flight information regions managed by Vietnam.

2. This Circular does not apply to organizations and individuals involved in management of aircrafts outside airways and special air navigation management.”.

2. Clause 46, Clause 47, Clause 63 and Clause 64 Article 3 are amended and Clause 75 is added to Article 3 as follows:

a) Clause 46 Article 3 is amended as follows:

 “46. METAR stands for Routine aerodrome meteorological report”.”

b) Clause 47 Article 3 is amended as follows:

 “47. MET REPORT stands for Local routine aerodrome meteorological report”.”

c) Clause 63 Article 3 is amended as follows:

 “63. SPECI stands for Special aerodrome meteorological report.”.

d) Clause 64 Article 3 is amended as follows:

 “64. SPECIAL stands for Local special aerodrome meteorological report”.”

dd) Clause 75 is added to Article 3 as follows:

 “75. PAPI stands for Precision approach path indicator”.”

3. Clause 13, Clause 29, Clause 38, Article 52 and Clause 87 Article 4 are amended and Clause 99 is added to Article 4 as follows:

a) Clause 13 Article 4 is amended as follows:

 “13. Data set means an identifiable collection of data.”.

b) Clause 29 Article 4 is amended as follows:

 “29. Aerodrome control service means an air traffic control service for aerodrome traffic.”.

c) Clause 38 Article 4 is amended as follows:

 “38. Aerodrome control tower means a unit established to provide air traffic control service to aerodrome traffic.”.

d) Clause 52 Article 4 is amended as follows:

”52. Aerodrome traffic means all traffic on the aerodrome maneuvering area and all aircraft flying in the vicinity of an aerodrome.”.

d) Clause 87 Article 4 is amended as follows:

 “87. AIS product means aeronautical data and aeronautical information provided in the form of digital data sets or in paper or in the form of suitable electronic media, including:

a) AIP (including AIP amendments and AIP supplements);

b) AIC;

c) Aeronautical charts;

d) NOTAM;

d) Digital data sets.”.

e) Clause 99 is added to Article 4 as follows:

 “99. ICAO annexes means the annexes to the 1944 Convention on International Civil Aviation.”.

4. Clause 3 Article 11 is amended as follows:

"3. Apart from the compliance with the provisions in Clause 2 of this Article, the flight crew shall adhere to one of the following rules:

a) VFR; or

b) IFR.”.

5. Clause 1 Article 17 is amended as follows:

 “1. Air traffic control personnel includes:

a) Aerodrome, approach and area control personnel;

b) ATS reporting office personnel;

c)  Air traffic coordination personnel;

d) ATFM personnel;

d) Aircraft marshalling personnel;

e) A/G HF radio operators;

g) ATC watch supervisors (at job positions prescribed in Appendix XI enclosed herewith);

h) Flight plan procedural personnel;

i) ATC instructors and ATFM instructors.”

6. Clause 2 and Clause 5 Article 24 are amended as follows:

a) Clause 2 Article 24 is amended as follows:

 “2. Minimum en-route altitude over the highest point of terrain and manmade obstacle within a width of 25 km on both sides from the centre line of the ATS route or within the strip dimensions provided for each RNAV/RNP is as follows:

a) At least 300 m in plain, midland and water surface areas;

b) At least 600 m in mountainous areas.”.

b) Clause 5 Article 24 is amended as follows:

 “5. With regard to two flight procedures utilizing two navigation facilities which are located not more than 09 km from each other, the minimum flight altitude for each route segment shall be the higher one.”.

7. Article 47 is amended as follows:

 “Article 47. Provisions on air traffic control service, flight information service, alerting service, communications requirements and provision of information for ATS units

Air traffic control service, flight information service, alerting service, communications requirements and provision of information for ATS units shall comply with the provisions in ICAO Annex 11 on Air Traffic Services.”.

8. Clause 2 Article 48 is amended as follows:

"2. AIS includes:

a) NOTAM;

b) Aerodrome AIS;

c) AIP.".

9. Clause 1 Article 49 is amended as follows:

"1. AIS units include:

a) NOTAM Office;

b) Aerodrome AIS Unit;

c) AIP Division.”.

10. Clause 1 and Clause 2 Article 50 are amended as follows:

a) Clause 1 Article 50 is amended as follows:

 “1. AIS personnel includes:

a) Aerodrome AIS personnel;

b) NOTAM personnel;

c) AIP personnel;

d) NOTAM watch supervisors;

dd) Aerodrome AIS watch supervisors;

e) Automated AIS/AIM system operation and maintenance personnel;

g) AIS instructors.”.

b) Clause 2 Article 50 is amended as follows:

"2. AIS personnel mentioned in Points a, b, c, d, dd and e Clause 1 of this Article shall be required to hold unexpired license and rating when performing AIS duties. AIS providers are responsible for the provision of sufficient AIS personnel who hold license and ratings unexpired and appropriate to their positions.”.

11. Article 55 is amended as follows:

 “Article 55. Aeronautical data and aeronautical information; aeronautical data and information verification and validation

1. Contents of aeronautical data and information:

a) Regulations and procedures;

b) Aerodrome and helidrome;

c) Airspace;

d) ATS routes;

dd) Instrument flight procedure;

e) Radio navigation aids/systems;

g) Obstacle;

h) Terrain;

i) Geographic information.

2. Digital data sets include:

a) AIP data set;

b) Terrain data set;

c) Obstacle data set;

d) Aerodrome mapping data set;

dd) Instrument flight procedure data set.

3. Data error detection

AIS units must use data error detection techniques in the course of transmission and storage of aeronautical data and digital data sets.

4. Aeronautical data and information verification and validation

a) Documents used as the basis for compilation and provision of AIS products must be carefully examined by regulatory authorities and units involved in the provision of aeronautical data/aeronautical information before they are sent to AIS units in order to ensure their integrity and accuracy.

b) AIS units must establish verification and validation procedures which ensure that recipients of aeronautical data and aeronautical information meeting data quality requirements for accuracy, resolution, integrity, traceability, timeliness, completeness and format.”

12. Clause 12 and Clause 20 Article 60 are amended as follows:

a) Clause 12 Article 60 is amended as follows:

"12. Presence of hazards which affect air navigation, including: obstacles, military exercises, displays, fireworks, rocket debris, races and major parachuting events outside promulgated sites; planned laser emissions, laser displays and search lights if pilots’ night vision is likely to be impaired.”.

b) Clause 20 Article 60 is amended as follows:

 “20. Observations or forecasts of space weather phenomena, the date, and time of their occurrence, the flight levels and portions of the airspace which may be affected by the phenomena.”.

13. Point a and Point b Clause 2 Article 62 are amended as follows:

 “a) Military operations outside prohibited, danger and restricted areas published in the AIP Viet Nam;".

 “b) Operations within prohibited, danger and restricted areas, which are not in accordance with the conditions published in the AIP Viet Nam;".

14. Article 65 is amended as follows:

 “Article 65. Trigger NOTAM

When an AIP amendment or an AIP supplement is published in accordance with AIRAC procedures, a Trigger NOTAM shall be provided giving a brief description of the contents, effective date and number of that AIP amendment or AIP supplement”.”

15. Clause 3 Article 66 is amended as follows:

"3. The provisions on AIP shall comply with ICAO Annex 15 on AIS.”

16. Clause 3 and Clause 4 are added to Article 68 as follows:

 “3. Regulatory authorities and units must strictly comply with the regulations on provision of aeronautical data and aeronautical information, compilation and publication of amendments to the AIP Viet Nam under the AIRAC system in the cases prescribed in Article 70.

4. In the event of an emergency or with respect to the contents which are not subject to the publication of information under the AIRAC system, AIP supplements are promulgated as follows:

a) The relevant authority or unit shall provide the Civil Aviation Authority of Vietnam with any documents relating to the information provided at least 28 days in advance of the effective date of the information;

b) The AIS unit shall prepare and provide a draft of the regular AIP Supplement to the AIS provider that shall transfer the draft AIP Supplement to the Civil Aviation Authority of Vietnam for promulgation at least 14 days in advance of the effective date of the information.”.

17. Article 70 is amended as follows:

 “Article 70. Cases in which information shall be distributed under AIRAC system and regulations on provision of information under AIRAC system

1. Cases in which information shall be distributed under AIRAC system

Information shall be distributed under the regulated AIRAC system in case the information concerns the establishment, withdrawal or significant changes in:

a) Limits and procedures applicable to FIR, control areas and control zones; advisory areas; ATS routes; prohibited, danger and restricted areas, and air defense identification zone (ADIZ); permanent areas or routes or portions thereof where the possibility of interception exists;

b) Positions, frequencies, call signs, identifiers, known irregularities and maintenance periods of radio navigation aids, and communication and surveillance facilities;

c) Holding and approach procedures, SID, STAR, noise abatement procedures and any other pertinent ATS procedures;

d) Transition levels, transition altitudes and minimum sector altitudes;

d) Meteorological facilities and procedures;

e) Runways and stopways, taxiways and aprons;

g) Aerodrome ground operating procedures (including low visibility procedures);

h) Approach and runway lighting;

i) Aerodrome operating minima.

2. Regulations on provision of information under the AIRAC system shall comply with ICAO Annex 15 on AIS.”

18. Heading of Section 7 and Article 75 are amended as follows:

a) Heading of Section 7 is changed as follows:

 “Section 7. AERODROME AIS.”.

b) Article 75 is amended as follows:

 “Article 75. Provision of aerodrome AIS

1. Aerodrome AIS shall be provided by aerodrome AIS units.

2. The number, volume and operations of arriving and departing aircrafts shall be the determining factors for establishing an aerodrome AIS unit.

3. An aerodrome AIS unit shall be situated at a convenient location which should be indicated in a diagram in order to facilitate pre-flight and post-flight functions by flight crew members.

4. The aerodrome AIS unit must establish and maintain a close liaison with the representatives of airlines for preparing and providing pre-flight information meeting users' demands.

5. The aerodrome AIS unit shall assume responsibility for the quality and timeliness of aeronautical information provided using the automated PIB system.”.

19. Clause 2 Article 76 is amended as follows:

 “2. PIB shall be compiled, printed and provided for the flight crew, the flight dispatcher or flight plan procedural personnel at least 03 hours in advance of the scheduled departure time of an international flight or at least 02 hours in advance of the scheduled departure time of a domestic flight.”.

20. Clause 1 and Clause 3 Article 77 are amended as follows:

a) Clause 1 Article 77 is amended as follows:

"1. PIB is made in 02 copies (in paper or electronic form) of which 01 copy is delivered to the flight crew, the flight dispatcher or the flight plan procedural personnel, and the other is kept as archives.”.

b) Clause 3 Article 77 is amended as follows:

 “3. The flight crew, flight dispatcher or flight plan procedural personnel providing direct advice and presentation of PIB contents must meet technical equipment and system requirements. If any information needs to be clarified or further described during the provision of advice and presentation of PIB contents, the flight crew, flight dispatcher or flight plan procedural personnel shall request for assistance from the aerodrome AIS personnel.”.

21. Article 78 is amended as follows:

 “Article 78. PIB update

1. After preparing PIB, the aerodrome AIS unit must follow new NOTAMs for making PIB update if they are relating to the flight.

2. Where the flight crew has received the PIB, immediate notification of urgent operational significance shall be provided to the flight crew through the air traffic services unit, flight dispatcher or flight plan procedural personnel or provided directly to the flight crew members on the aircraft through automated systems and network systems meeting operational requirements.”.

22. Clause 2 Article 79 is amended as follows:

 “2. If the flight crew members wish to make a post-flight report in writing, they shall contact the aerodrome AIS unit for specific instructions.”.

23. Article 80 is amended as follows:

 “Article 80. Handling of post-flight information

1. After receiving post-flight report given in writing or by telephone by the flight crew members or aircraft operator on the information which is not yet published in NOTAM, AIP Supplements, AIC or AIP and is likely to affect air navigation, the aerodrome AIS unit shall provide an immediate notification of that information to relevant authorities/units for verification and necessary actions.

2. If the post-flight information given by the flight crew members or the aircraft operator is certified accurate, the aerodrome AIS unit shall:

a) provide immediate notification of that information for relevant ATS units for giving warnings or give direct warnings to other flight crews;

b) Prepare and send the draft NOTA to the NOTAM Office;

c) provide immediate notification of that information to relevant units.

3. If the post-flight information given by the flight crew members or the aircraft operator is certified inaccurate, the aerodrome AIS unit shall give a response to the provider of that information.”.

24. Clause 1 Article 81 is amended as follows:

 “1. Aeronautical information shall be sent and received via the automated AIS/AIM system, semi-automated NOTAM system, AFTN or AMHS, fax, post, or via phone recorded on the air navigation system in the event of emergency, and then verified in writing or email.”.

25. Article 82 is amended as follows:

 “Article 82. AIS details

AIP details shall comply with ICAO Annex 15 on AIS.”

26. Point a Clause 2 Article 95 is amended as follows:

 “a) Provide immediate notification of any CNS irregularities to relevant air traffic services units. In this case, after landing, the pilot in command must give a notification to the aerodrome AIS unit in accordance with the provisions in Chapter IV hereof;”.

27. Clause 1 Article 97 is amended as follows:

"1. CNS equipment and systems which are put into trial operation must meet relevant technical requirements laid down in ICAO Annex 10 on Aeronautical Telecommunications;

28. Clause 1 and Clause 2 Article 103 are amended as follows:

a) Clause 1 Article 103 is amended as follows:

 “1. CNS personnel includes:

a) CNS equipment/system operation and maintenance personnel;

b) CNS watch supervisors;

c) CNS instructors.”.

b) Clause 2 Article 103 is amended as follows:

 “2. CNS personnel prescribed in Points a and b Clause 1 of this Article shall be required to hold unexpired license and rating when performing their duties.”.

29. Article 110 is amended as follows:

 “Article 110. CNS details

CNS details shall comply with the provisions in ICAO Annex 10 on Aeronautical Telecommunications.”.

30. Article 120 is amended as follows:

 “Article 120. TREND forecasts

1. AMO shall cooperate with Aerodrome Meteorological Observation Station (AMOS) in preparing and issuing TREND forecasts for aerodromes in the area of responsibility.

2. AMOS shall cooperate with AMO mentioned in Clause 1 of this Article for ensuring quality of information provided in TREND forecasts.

3. TREND forecasts shall be enclosed with aerodrome weather observations and valid for 2 hours from the time of the report. Details on TREND forecasts shall comply with ICAO Annex 3 on Meteorological Service for International Air Navigation.

31. Article 121 is amended as follows:

 “Article 121. Forecasts for take-off

1. AMO shall prepare and provide forecasts for take-off from aerodromes in the area of responsibility under the agreement made between the AMO and aircraft operators.

2. AMOS shall cooperate with AMO mentioned in Clause 1 of this Article in receiving and providing forecasts for take-off to the flight crew members, flight dispatchers or flight plan procedural personnel upon their request.”.

32. Clause 3 Article 132 is amended and Clause 4 Article 132 is abrogated as follows:

a) Clause 3 Article 132 is amended as follows:

"3. Procedures for provision and receipt of meteorological information for flights shall be completed by aeronautical meteorological personnel and the flight crew member, flight dispatcher or flight plan procedural personnel.". 

b) Clause 4 Article 132 is abrogated.

33. Clause 1 Article 133 is amended as follows:

"1. In order to have aeronautical meteorological information required for each flight, the ATS reporting office shall provide the MET unit at the aerodrome with detailed information concerning the flight plan:

a) For a scheduled flight: the seasonal schedule of flights shall be notified; any changes in the flight plan must be notified at least 12 hours before the scheduled time of departure;

b) For a charter flight: the flight plan shall be notified immediately when receiving.".

34. Point d Clause 1, Clause 2, Points b, c Clause 3 and Clause 4 Article 134 are amended as follows:

a) Point d Clause 1 Article 134 is amended as follows:

 “d) SIGMET messages, messages for volcanic ash, storms or tropical cyclone which may affect flight operations.".

b) Clause 2 Article 134 is amended as follows:

 “2. Provision of flight documentation

a) With regard to international flights, flight documentation must be prepared and supplied to the flight crew members, flight dispatcher or flight plan procedural personnel at least 03 hours before the expected time of departure;

b) With regard to domestic flights, flight documentation must be prepared and supplied to the flight crew members, flight dispatcher or flight plan procedural personnel at least 02 hours before the expected time of departure;

c) If the flight crew member, flight dispatcher or flight plan procedural personnel wishes to receive meteorological information for one or more specific flights sooner than the abovementioned prescribed time, such request must be sent to the relevant MET unit at least 12 hours before the expected time of departure.".

c) Point b and Point c Clause 3 Article 134 are amended and as follows:

 “b) If the flight crew members have received the flight documentation but the flight is delayed for more than 03 hours later than the scheduled time of departure, the flight crew members, flight dispatcher or flight plan procedural personnel shall repeat procedures for receipt of MET services for receiving updated information;

c) Where the flight crew members have completed procedures for receipt of MET services but the flight does not yet depart, the on-duty MET personnel shall immediately notify the flight crew members, via the aerodrome control tower, flight dispatcher, or flight plan procedural personnel, of any information which differs materially from the information made available.”.

d) Clause 4 Article 134 is amended as follows:

 “4. The flight documentation shall be retained, either as printed copies or in PDF files, for a period of at least 30 days from the date of issue. This information shall be made available, on request, for inquiries or investigations and shall be retained until the inquiry or investigation is completed.”.

35. Clause 1 Article 140 is amended as follows:

 “1. Civil Aviation Authority of Vietnam shall inspect and supervise the provision of MET services by MET service providers; provision and use of MET services; use of MET services by flight crew members, flight dispatchers or flight plan procedural personnel.”.

36. Article 142 is amended as follows:

 “Article 142. MET details

MET details shall comply with ICAO Annex 3 on Meteorological Service for International Air Navigation.”.

37. Clause 2 and Clause 3 Article 155 are amended as follows:

 “2. SAR mechanism drilling

a) The SAR service provider shall prepare and implement the annual SAR mechanism drilling plan with the aims of reviewing and operating the mechanism for SAR counseling, direction and cooperation on the assumption that an aircraft is in distress within its area of responsibility with relevant authorities/units.

b) Funding for drilling operations shall be derived from the annual training budget of the SAR service provider.

3. SAR exercises

a) On the basis of every two years, Civil Aviation Authority of Vietnam shall cooperate with the SAR service provider in preparing and implementing the SAR exercise plan with the aims of reviewing and operating the mechanism for counseling, direction, cooperation and mobilization of personnel and facilities for search and rescue operations on the assumption that an aircraft is in distress within the area of responsibility of Vietnam.

b) Costs of SAR exercises shall be covered by state budget and funding provided by airlines for covering costs relating to their aircrafts, facilities, equipment and personnel used in SAR exercises, except costs of fuels and personnel participating in training, drills and exercises.".

38. Article 165 is amended as follows:

 “Article 165. SAR details

SAR details shall comply with the provisions in ICAO Annex 12 on Search and Rescue.”.

39. Point k Clause 1 Article 170 is amended as follows:

 “k) Draft the en-route CDM agreement, including requests for modification of the CDM agreement to meet actual demands and requirements.”.
40. Clause 3 Article 190 is amended as follows:

 “3. The conventional flight procedures must be reviewed and assessed on a periodical basis of every 05 years from the effective date of the flight procedure. Ad hoc review and assessment of flight procedures shall be subject to the decision of Civil Aviation Authority of Vietnam which must be conformable with actual operations.”.

41. Article 193 is amended as follows:

 “Article 193. Cases in which instrument flight procedure validation is required and flight validation frequency

1. Flight validation is required to assess new or revised conventional and PBN flight procedures, including:

a) Flight validation of a new instrument approach procedure before application;

b) Flight validation of instrument approach procedures revised due to changes in design standards;

c) Flight validation of new SIDs/STARs within complex terrain areas determined by Civil Aviation Authority of Vietnam.

2. Flight validation shall be periodically conducted to assess the existing PBN flight procedures. To be specific:

a) Instrument approach procedures: every 02 years;

b) SIDs/STARs within complex terrain areas: every 03 years;

c) Other SIDs/STARs: every 05 years.”.

42. Article 220 is amended as follows:

 “Article 220. Details on aeronautical maps/charts

Details on aeronautical maps/charts shall comply with ICAO Annex 4 on Aeronautical Charts.”.

43. Clause 2 Article 230 is amended as follows:

 “2. Special instrument approach procedures must be assessed on the flight simulation training system.”.

44. Clause 1 Article 263 is amended as follows:

 “1. ANS inspectors of Civil Aviation Authority of Vietnam, or airport authorities, shall be issued with ANS Inspector Card by Civil Aviation Authority of Vietnam to perform inspection duties in one or some of the following fields:

a) Air navigation (AN) management;

b) ATM;

c) CNS;

d) MET;

dd) AIS;

e) SAR;

g) PANG-OPS;

h) MAP/CHART; aeronautical data.”.

45. Article 268 is amended as follows:

 “Article 268. Periodic flight inspections of navigation and surveillance aids/systems

The following navigation and surveillance aids/systems shall be subject to the periodical flight inspection: VOR, NDB, GP, LLZ, Marker beacons, DME, aerodrome lighting systems, GBAS, PSR, SSR and ADS-BT systems.

46. Clause 1 and Clause 2 Article 269 are amended as follows:

 “1. The following navigation and surveillance aids/systems shall be subject to commissioning flight inspections:

a) VOR;

b) NDB;

d) LLZ;

dd) Marker beacons;

e) DME;

g) Aerodrome lighting systems;

h) GBAS;

i) PSR system;

k) SSR system;

l) ADS-B system.

2. The re-commission flight inspections of navigation and surveillance aids/systems must be conducted in the case of replacement of antennas or major repairs concerning antenna radiation or where there is a final determination that the relevant navigation or surveillance aid/system may involve in an aircraft accident or incident. Flight inspections shall be conducted in accordance with ICAO Guidance on flight inspection.”.

47. Article 278 is amended as follows:

 “Article 278. Frequency of periodic flight inspections of navigation and surveillance aids/systems

Periodical flight inspections of navigation and surveillance aids/systems shall be conducted in the following intervals:

1. ILS (CAT.1, 2), GBAS (CAT.1, 2): every 06 months;

2. NDB, VOR, and aerodrome lighting systems: every 12 months;

3. DME, PAPI: periodic flight inspection intervals are same as those of ILS, VOR;

4. PSR, SSR, ADS-B: Flight inspections shall be conducted every year to check special inspection characteristics and every 03 years to check their coverage and quality.".

48. Article 279 is amended as follows:

 “Article 279. Modification of frequency of periodic flight inspections of navigation and surveillance aids/systems

After 04 consecutive periodic flight inspections of VOR/DME, NDB, if no modification to the generator is required, the tolerance value is still within the permissible limits and the ground inspection data is consistent with the flight inspection data, Civil Aviation Authority of Vietnam may consider extending the periodic flight inspection for 12 months.”.

49. Clause 3 is added to Article 297 as follows:

 “3. Periodic flight inspections are conducted to evaluate the quality and actual coverage of PSR/SSR systems serving the air traffic control.”.

50. Point b Clause 3 and Point b Clause 4 Article 336 are amended as follows:

a) Point b Clause 3 Article 336 is amended as follows:

 “b) There is a record of commissioning of finished works;".

b) Point b Clause 4 Article 336 is amended as follows:

 “b) There is a record of commissioning of finished works;".

51. Point a Clause 1 Article 339 is amended; Point d and Point dd are added to Clause 2; Point c and Point d Clause 3, and Point d Clause 4 Article 339 are amended as follows:

a) Point a Clause 1 Article 339 is amended as follows:

 “a) Be a Vietnamese citizen aged 21 or older, having no previous criminal record and being not in the course of implementation of a criminal sentence or a criminal prosecution; particularly, ATFM personnel must have at least 05 years’ experience in air traffic control or coordination and/or flight information services, or hold a bachelor’s degree or associate degree in air traffic control or air navigation management;”.

b) Point d and Point dd are added to Clause 2 Article 339 as follows:

 “d) Instructors in other specialties (except aircraft marshalling instructors) must hold a TOEIC 550 certificate or equivalent or certificate of English proficiency at level 3 since 2021.

dd) The Certificate of English proficiency for air navigation services personnel shall be valid for three years, if it is a level 3 or level 4 certificate, for six years, if it is a level 5 certificate, or for an indefinite term if it is a level 6 certificate.”.

c) Point c and Point d Clause 3 Article 339 are amended as follows:

 “c) 06 months for ATS reporting office personnel (particularly, a holder of air traffic control rating shall be required to apprentice at the position of ATS reporting office personnel for 02 months at domestic airports); air traffic coordination personnel; CNS personnel (except the persons mentioned in Point d of this Clause); AIS personnel (particularly, a holder of air traffic control rating shall be required to apprentice at the position of aerodrome AIS personnel for 03 months at domestic airports); MAP/CHART and aeronautical data personnel; SAR personnel;

d) 03 months for aircraft marshallers, flight plan procedural personnel, CNS personnel (AFTN/AMHS operators; personnel in charge of operation and maintenance of HF A/G, VHP A/G, VCCS, voice recorders, signal lights and signs at aerodromes, and ADS-B) and automated AIS/AIM system operators.”.

d) Point d Clause 4 Article 339 is amended as follows:

 “d) Hold a certificate of English proficiency as prescribed in Point a and Point d Clause 2 of this Article.”.

52. Clause 2 and Clause 3 Article 341 are amended as follows:

a) Clause 2 Article 341 is amended as follows:

 “2. Within 20 days from the receipt of adequate application, Civil Aviation Authority of Vietnam shall examine the received application, organize examination and issue the license and rating to qualified air navigation services personnel. If an application is refused, a written response indicating reasons for such refusal shall be given.

If an application is inadequate as prescribed, within 05 working days from the receipt, Civil Aviation Authority of Vietnam shall instruct the applicant to complete it.”.

b) Clause 3 Article 341 is amended as follows:

 “3. The license for air navigation services personnel shall be valid for 07 years from the date of issue and made according to the form No. 03 in Appendix IX enclosed herewith. Period of validity of personnel ratings is as follows:

a) 24 months for CNS personnel (except flight inspection personnel; personnel in charge of flight validation of instrument flight procedures); ATS coordination personnel; automated AIS/AIM system operation and maintenance personnel; SAR cooperation personnel; flight plan procedural personnel; ATC instructors, ATFM instructors;

b) 12 months for other air navigation services personnel.”.

53. Clause 4 Article 342 is amended as follows:

 “4. With respect to re-issuance of license/rating of air navigation services personnel in case of expired license/rating, within 15 working days from the receipt of application, Civil Aviation Authority of Vietnam shall examine the received application, organize examination and issue the license/rating to qualified air navigation personnel. If an application is refused, a written response indicating reasons for such refusal shall be given.

If an application is inadequate as prescribed, within 03 working days from the receipt, Civil Aviation Authority of Vietnam shall instruct the applicant to complete it.”.

54. Section 7.2, Section 8.1 and Section 8.5 of Appendix I are amended as follows:

a) Section 7.2 of Appendix I is amended as follows:

 “7.2. Completion of ATS flight plan:

All items of an ATS flight plan must be properly completed;”.

b) Section 8.1 of Appendix I is amended as follows:

 “8.1. The flight crew members, flight dispatcher or flight plan procedural personnel shall submit data relating to the scheduled flight or a portion of the scheduled flight to the relevant ATS unit.”.

c) Section 8.5 of Appendix I is amended as follows:

”8.5. Aircraft operator shall submit the flight plan online if meeting all requirements for facilities, equipment, system and/or software used to create and process ATS flight plans in order to ensure personnel and training, aircraft operating manual, contact address and information confidentiality of civil flights, except special flights departing from airports of Vietnam. Civil Aviation Authority of Vietnam shall give specific guidance on online filing of flight plans in conformity with actual operations of Vietnam’s airlines in order to ensure air navigation safety and efficiency.”.

55. Form No. 03 in Appendix IX enclosed with the Circular No. 19/2017/TT-BGTVT dated June 06, 2017 shall be replaced with Form No. 1 in Appendix enclosed herewith.

56. Appendix X enclosed with the Circular No. 19/2017/TT-BGTVT dated June 06, 2017 shall be replaced with Form No. 2 in Appendix enclosed herewith.

57. Appendix XI enclosed with the Circular No. 19/2017/TT-BGTVT dated June 06, 2017 shall be replaced with Form No. 3 in Appendix enclosed herewith.

Article 2. Effect

This Circular comes into force from June 15, 2020.

Article 3. Responsibility for implementation

Chief of the Ministry's Office, Chief Inspector of the Ministry, Directors of Departments affiliated to the Ministry, Director General of Civil Aviation Authority of Vietnam, heads of relevant agencies and entities, and relevant individuals shall implement this Circular./.

 

 

PP. MINISTER
DEPUTY MINISTER




Le Anh Tuan

 


------------------------------------------------------------------------------------------------------
This translation is made by THƯ VIỆN PHÁP LUẬT and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

Đã xem:

Đánh giá:  
 

Thuộc tính Văn bản pháp luật 09/2020/TT-BGTVT

Loại văn bảnThông tư
Số hiệu09/2020/TT-BGTVT
Cơ quan ban hành
Người ký
Ngày ban hành23/04/2020
Ngày hiệu lực15/06/2020
Ngày công báo...
Số công báo
Lĩnh vựcGiao thông - Vận tải
Tình trạng hiệu lựcChưa có hiệu lực
Cập nhậtTuần trước
(16/05/2020)
Yêu cầu cập nhật văn bản này

Download Văn bản pháp luật 09/2020/TT-BGTVT

Lược đồ Circular 09/2020/TT-BGTVT amendments to Circular 19/2017/TT-BGTVT air navigation management


Văn bản bị sửa đổi, bổ sung

    Văn bản liên quan ngôn ngữ

      Văn bản sửa đổi, bổ sung

        Văn bản bị đính chính

          Văn bản được hướng dẫn

            Văn bản đính chính

              Văn bản bị thay thế

                Văn bản hiện thời

                Circular 09/2020/TT-BGTVT amendments to Circular 19/2017/TT-BGTVT air navigation management
                Loại văn bảnThông tư
                Số hiệu09/2020/TT-BGTVT
                Cơ quan ban hànhBộ Giao thông vận tải
                Người kýLê Anh Tuấn
                Ngày ban hành23/04/2020
                Ngày hiệu lực15/06/2020
                Ngày công báo...
                Số công báo
                Lĩnh vựcGiao thông - Vận tải
                Tình trạng hiệu lựcChưa có hiệu lực
                Cập nhậtTuần trước
                (16/05/2020)

                Văn bản thay thế

                  Văn bản được dẫn chiếu

                    Văn bản hướng dẫn

                      Văn bản được hợp nhất

                        Văn bản được căn cứ

                          Văn bản hợp nhất

                            Văn bản gốc Circular 09/2020/TT-BGTVT amendments to Circular 19/2017/TT-BGTVT air navigation management

                            Lịch sử hiệu lực Circular 09/2020/TT-BGTVT amendments to Circular 19/2017/TT-BGTVT air navigation management

                            • 23/04/2020

                              Văn bản được ban hành

                              Trạng thái: Chưa có hiệu lực

                            • 15/06/2020

                              Văn bản có hiệu lực

                              Trạng thái: Có hiệu lực