Thông tư 30/2020/TT-BGTVT

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 17/2016/TT-BGTVT DATED JUNE 30, 2016 OF THE MINISTER OF TRANSPORT ON MANAGEMENT AND OPERATION OF AIRPORTS AND AERODROMES

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

Pursuant to the Law on Land dated November 29, 2013;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 elaborating certain Articles of the Law on Land;

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

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;

At the request the Director of the Department of Transport Infrastructure and the Director of the Civil Aviation Authority of Vietnam;

The Minister of Transport hereby promulgates a Circular on amendments to Circular No. 17/2016/TT-BGTVT dated June 30, 2016 of the Minister of Transport on management and operation of airports and aerodromes.

Article 1. Amendments to Circular No. 17/2016/TT-BGTVT dated June 30, 2016 of the Minister of Transport on management and operation of airports and aerodromes

1. Clause 3 of Article 12 is amended as follows:

Report to the Ministry of Transport, on annual basis or upon its request, on the implementation of airport and aerodrome planning. To be specific:

a) Report title: Report on implementation of airport and aerodrome planning;

b) Contents of the report: contents related to implementation of airport and aerodrome planning (Form No. 15 in the Appendix hereof);

c) Method of sending and receiving the report: the report is presented in either documentary or electronic form, and sent to the receiving authority, whether in person or by post, fax or email or another appropriate manner prescribed by law;

d) Reporting frequency: every year;

dd) Submission deadline: before December 20;

e) Data collection period: from December 15 of the year preceding the reporting period to December 14 of the reporting period;

g) Sample report layout: According to the Form No. 15 in the Appendix hereof.”.

2. Clause 4 of Article 13 is amended as follows:

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

a) Report title: Report on implementation of airport and aerodrome planning;

b) Contents of the report: contents related to implementation of airport and aerodrome planning (Form No. 15 in the Appendix hereof);

c) Method of sending and receiving the report: the report is presented in either documentary or electronic form, and sent to the receiving authority, whether in person or by post, fax or email or another appropriate manner prescribed by law;

d) Reporting frequency: every year;

dd) Submission deadline: before December 18;

e) Data collection period: from December 15 of the year preceding the reporting period to December 14 of the reporting period;

g) Sample report layout: According to the Form No. 15 in the Appendix hereof.”.

3. Title of Article 17 is changed and Point c Clause 1 of Article 17 is amended as follows:

a) Title of Article 17 is changed as follows:

“Article 17. Procedures for allocation of land at airports and aerodromes”

b) Point c Clause 1 of Article 17 is amended as follows:

“c) Copy from the master register or copy produced together with the original copy for comparison or certified true copy (if the application is submitted in person), certified true copy (if the application is submitted by post) of the written approval for investment guidelines or decision on investment approval or investment registration certificate;”.

4. Title of Article 18 is changed and Point b Clause 1, Clauses 3 and 4 of Article 18 are amended as follows:

a) Title of Article 18 is changed as follows:

“Article 18. Procedures for rental of non-auctioned land at airports and aerodromes”

b) Point b Clause 1 of Article 18 is amended as follows:

“b) Copy from the master register or copy produced together with the original copy for comparison or certified true copy (if the application is submitted in person), certified true copy (if the application is submitted by post) of the written approval for investment guidelines or decision on investment approval or investment registration certificate;”.

c) Clause 3 of Article 18 is amended as follows:

“3. Within 05 working days from the receipt of the sufficient application, the airport authority shall grant the written approval for land lease made according to the Form No. 03 in the Appendix hereof; transfer the land area on-site and make a transfer record according to the Form No. 04 in the Appendix hereof; submit the written approval for land lease and application for land lease to the local competent authority to request the publishing of land rent as prescribed.”

d) Clause 4 of Article 18 is amended as follows:

“4. 03 working days after the date on which the notice of land rent is received, the airport authority shall sign the land rent contract defined in the Form No. 05 in the Appendix hereof.”.

5. Title of Article 20 is changed and Point b Clause 2, Clauses 4 and 5 of Article 20 are amended as follows:

a) Title of Article 20 is changed as follows:

“Article 20. Extension of lease term at airports and aerodromes”

b) Point b Clause 2 of Article 20 is amended as follows:

“b. Copy from the master register or copy produced together with the original copy for comparison or certified true copy (if the application is submitted in person), certified true copy (if the application is submitted by post) of the written approval for land lease, lease contract and the latest year’s written evidences for fulfillment of financial obligations;”.

c) Clause 4 of Article 20 is amended as follows:

“4. Within 05 working days from the receipt of the sufficient application, the airport authority shall grant the written approval for land lease made according to the Form No. 11 in the Appendix hereof; submit the written approval for land lease and application for land lease to the local competent authority to request the publishing of land rent as prescribed.”.

d) Clause 5 of Article 20 is amended as follows:

“5. 03 working days after the date on which the notice of land rent is received, the airport authority shall sign the land rent contract defined in the Form No. 05 in the Appendix hereof.”.

6. Article 26 is amended as follows:

“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 have the responsibility to construct, maintain and repair internal airport and aerodrome roads.

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

7. Point b Clause 1 of Article 36 is amended as follows:

“b) Copy from the master register or copy produced together with the original copy for comparison or certified true copy (if the application is submitted in person), certified true copy (if the application is submitted by post) of the establishment decision or the enterprise registration certificate of the owner or the organization assigned to manage the airport or aerodrome; ID card or Citizen ID card or the passport of the individual(s) owning the airport or aerodrome;”.

8. Clause 2 of Article 39 is amended as follows:

“2. Within 08 days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall verify 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 regulations and standards promulgated or recognized by the competent authority;

c) Non-compliant components (if any);

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

9. Article 39a is added as follows:

 “Article 39a. Procedures for issuance, reissuance and invalidation of license for airport business

1. The applicant for license for airport operation shall submit an application to the Civil Aviation Authority of Vietnam, whether in person or by post or another appropriate manner and take responsibility for the accuracy and truthfulness of the application. The application includes:

a) An application form (Form No. 12 in the Appendix hereof);

b) A copy of the enterprise registration certificate;

c) Copies of documentary evidences for organizational structure and personnel that must achieve appropriate licenses or certificates and comply with professional requirements concerning airport/aerodrome operations in accordance with laws on the Civil Aviation;

d) An original capital certification;

dd) A plan on necessary equipment , facilities and conditions for ensuring aviation safety and security.

2. Within 10 days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall carry out appraisal and issue the license for airport operation according to the Form No. 13 in the Appendix hereof. If the application is rejected, a response and explanation must be provided in writing.

If the application is unsatisfactory, within 03 working days from the receipt of the application, the Civil Aviation Authority of Vietnam shall send a written notification and instruct the applicant to complete it.

3. The license for airport operation shall be reissued in case it is lost, damaged or has its contents changed.

4. The applicant shall submit an application for reissuance of the license for airport operation to the Civil Aviation Authority of Vietnam, whether in person or by post or another appropriate manner and take responsibility for the accuracy and truthfulness of the application. The application includes:

a) An application form (Form No. 12 in the Appendix hereof);

b) Relevant documents related to any change to contents of the license (if any).

5. Regarding the license reissued due to any change in contents of that license: within 05 working days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall reissue the license for airport operation. If the application is rejected, a response and explanation must be provided in writing.

6. Regarding the license reissued due to loss or damage: within 03 working days from the receipt of the application, the Civil Aviation Authority of Vietnam shall consider reissuing the license or provide a written response specifying reason for rejection of the application.

7. A license for airport business shall be invalidated in the following cases:

a) Provide unauthentic information included in the application;

b) Fail to meet minimum capital requirements during operations;

c) Commit serious violations against laws on national security and defense;

d) Terminate operation according to laws or at the request of an enterprise;

dd) Commit serious violations against regulations on aviation security, safety, regulatory business requirements, service price, fire fighting and prevention, and environmental protection;

e) Pend the airport operation that must be commenced within a permitted period of 12 months from the date of issuance of a license.

8. The Civil Aviation Authority of Vietnam shall issue a decision on invalidation of the license, specifying reasons for and date of invalidation of the license. Upon receipt of the decision, the airport operation enterprise must immediately terminate their airport operation.

9. The Civil Aviation Authority of Vietnam shall notify the airport authority of the issuance, reissuance or invalidation of the license for airport operation.”.

10. Clause 2 of Article 40 is amended as follows:

“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 therefor. The application includes:

a) An application form for approval;

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

c) Documentary evidences for such amendment(s) and supplement(s);

d) Quantity of the application: 01 set.

Within 05 working days from the receipt of the application, 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.”.

11. Clause 3 of Article 44 is amended as follows:

“3. Within 12 days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall verify information, issue the written approval and propagate 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).”.

12. Clause 3 of Article 45 is amended as follows:

“3. Within 05 working days from the receipt of the sufficient application, 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.”.

13. Clause 1 of Article 50 is amended as follows:

“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, whether in person or by post or another appropriate manner. The application includes:

a) An application form 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).

Within 05 working days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall carry out appraisal and issue the license. If the application is rejected, a response and explanation must be provided in writing.”.

14. Clauses 2, 3 and 4 of Article 60 are amended as follows:

“2. To apply for initial licensing of personnel operating aviation equipment and vehicles in restricted areas of an airport or aerodrome, an organization shall submit 01 application for licensing of operation of the equipment to the Civil Aviation Authority of Vietnam, whether in person or by post or another appropriate manner. The application includes:

a) An application form enclosed with a list of employees applying for the license, which is made using the Form No. 14 hereof;

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) 01 ID color photo (3x4 cm) taken within the last 06 months.

Within 18 days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall examine documents, carry out a test 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 can be re-issued upon request when its validity is less than 60 days or it is expired, lost or damaged or there is a change of the organization managing and employing aviation personnel. An organization applying for re-issuance 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 for licensing of operation of the equipment to the Civil Aviation Authority of Vietnam, whether in person or by post or another appropriate manner. The application includes:

a) An application form enclosed with a list of employees applying for the license, which is made using the Form No. 14 hereof;

b) The copies of the relevant land motorized vehicle driving licenses (of the employees operating vehicles) and documents proving that employees are provided with periodic training or refresher training as prescribed;

c) 01 ID color photo (3x4 cm) taken within the last 06 months.

Within 18 days (in the case where the validity is less than 60 days or the license is expired) or 05 working days (in the case where the license is lost, damaged or there is a change of the organization managing and employing aviation personnel) from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall examine documents, carry out a test (in the case where the validity is less than 60 days or expired), decide to re-issue the license or respond to the applicant in writing on the approval or refusal to license with explanation. In the case of re-issuing the license when its validity is less than 60 days, the Civil Aviation Authority of Vietnam shall revoke the old license before issuing a new one.

4. An organization applying for addition of ratings 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, whether in person, by post or another appropriate manner. The application includes:

a) An application form for addition of ratings enclosed with a list of employees applying for addition of ratings, which is made using the Form No. 14 hereof;

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.

Within 03 working days from the receipt of the sufficient application, the Civil Aviation Authority of Vietnam shall carry out appraisal and issue the license with addition of ratings. If the application is rejected, a response and explanation must be provided in writing.

15. Clause 8 of Article 64 is amended as follows:

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

a) Overall aerodrome emergency drill shall be carried out at least once every 02 years;

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

16. Article 76 is amended as follows:

“Article 76. Base aerodromes of domestic airlines

1. An aerodrome is considered as a base aerodrome of a domestic airline if:

a) it has a maintenance facility approved by the Civil Aviation Authority of Vietnam or signs a maintenance contract with the maintenance facility approved by the Civil Aviation Authority of Vietnam;

b) offers overnight parking positions to the airline.

2. Domestic airlines shall work with the airport or aerodrome operators to determining the actual operational capacity of the apron in a manner that is appropriate to the airlines’ demand for base aerodromes and overnight parking positions.

3. The Civil Aviation Authority of Vietnam shall determine base aerodromes of domestic airlines in the course of considering issuing or revising the air operator’s certificate and announce the base aerodromes.”.

17. The Form No. 03 in the Appendix enclosed with the Circular No. 17/2016/TT-BGTVT is replaced with the Form No. 03 in the Appendix enclosed with this Circular.

18. The Forms No. 11, 12, 13, 14 and 15 are added to the Appendix enclosed with this Circular.

Article 2. Effect

1. This Circular comes into force from January 15, 2021.

2. The Circular No. 51/2018/TT-BGTVT dated September 19, 2018 of the Minister of Transport and Article 50 of the Circular No. 17/2016/TT-BGTVT dated June 30, 2016 of the Minister of Transport are repealed.

Article 3. Implementation

Chief of the Ministry Office, the Chief Inspector of the Ministry, Directors, Director of the Civil Aviation Authority of Vietnam, heads of organizations and individuals concerned are responsible for the implementation of this Circular.