Thông tư 32/2021/TT-BGTVT

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 19/2017/TT-BGTVT DATED JUNE 06, 2017 OF MINISTER OF TRANSPORT PRESCRIBING 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 services management;

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

The Minister of Transport promulgates a Circular providing amendments to Circular No. 19/2017/TT-BGTVT dated June 06, 2017 of the Minister of Transport prescribing 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 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 flight activities outside airways and special air navigation services.”.

2. Clause 46, Clause 47, Clause 63 and Clause 64 Article 3 are amended and Clause 75 and Clause 76 are added to Article 3 as follows:

a) Clause 46 Article 3 is amended as follows:

 “46. METAR means aerodrome routine meteorological report in meteorological code.”;

b) Clause 47 Article 3 is amended as follows:

 “47. MET REPORT stands for local routine meteorological report in abbreviated plain language.”;

c) Clause 63 Article 3 is amended as follows:

 “63. SPECI stands for aerodrome special meteorological report in meteorological code.”;

d) Clause 64 Article 3 is amended as follows:

 “64. SPECIAL stands for local special meteorological report in abbreviated plain language.”;

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

 “75. PAPI stands for precision approach path indicator.”;

e) Clause 76 is added to Article 3 as follows:

 “76. ARO stands for air traffic services (ATS) reporting office.”.

3. Clauses 13, 29, 38, 52, 57, 71, 72 and 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 provided 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 maneuvering area of an aerodrome and all aircraft flying in the vicinity of an aerodrome.”;

dd) Clause 57 Article 4 is amended as follows:

 “57. “movement area” means the part of an aerodrome to be used for the takeoff, landing and taxiing of aircraft, consisting of the maneuvering area and apron(s).”;

e) Clause 71 Article 4 is amended as follows:

 “71. PIB (Pre-Flight Information Bulletin) is a presentation of operationally significant valid NOTAM, prepared directly prior to the flight.”;

g) Clause 72 Article 4 is amended as follows:

 “72. ARO means a unit established for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure.”;

h) Clause 87 Article 4 is amended as follows:

 “87. “aeronautical information product” means aeronautical data and aeronautical information provided either as digital data sets or as a standardized presentation in paper or electronic media. Aeronautical information products include:

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

b) AIC;

c) Aeronautical charts;

d) NOTAM;

dd) Digital data sets.”.;

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

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

4. Article 7 is amended as follows:

 “Article 7. Responsibilities of Civil Aviation Authority of Vietnam and Airports Authorities

1. Responsibilities of Civil Aviation Authority of Vietnam

a) Implement, under its authority, aerodrome traffic rules, flight procedures, flight plans, instruction manuals, procedures and methods relating to air navigation services in accordance with the Government’s Decree No. 125/2015/ND-CP dated December 04, 2015 and other relevant legislative documents;

b) Formulate and submit strategies and/or plans for development of the system for management and provision of air navigation services to the Ministry of Transport for promulgation;

c) Do research and propose application and implementation of ICAO and WMO standards, regulations and guidelines, and technologies for management and provision of air navigation services in accordance with regulations of law and international conventions to which Vietnam is a signatory;

d) Develop plans and submit reports to the Ministry of Transport for cooperating with the Ministry of National Defence in requesting the Prime Minister to issue decisions on establishment/cancellation of airways, approval for FIR boundaries on the international sea under the management of Vietnam, and organizing the implementation of such decisions in accordance with regulations of law;

dd) Organize designation of areas of responsibility of air navigation services (ANS); manage the provision of ANS;

e) Direct, inspect and supervise flight inspections of navigation and surveillance aids/systems, and flight validation of flight procedures; management and use of frequency bands allocated for aeronautical operations as prescribed;

g) Announce the list of alternate aerodromes; obstacle limitation surfaces; AIP, AIP amendments and AIP supplements, AIC, aeronautical charts and maps; organize formulation and promulgation of aeronautical charts and maps; terrain and obstacle data serving civil aviation activities;

h) Organize the formulation and implementation of SAR plans; organize SAR exercises among aviation authorities; enter into SAR agreements with neighboring states in the region; organize the implementation of air traffic management (ATM) contingency plan;

i) Organize management of training for ANS personnel;

k) Organize testing, issuance, renewal, cancellation and suspension of ANS personnel license; license to operate ANS systems/equipment and license to operate ANS units; issue codes and technical addresses of CNS systems/equipment and electronic equipment on Vietnamese registered aircrafts;

l) Manage safety of air navigation and provision of ANS; organize the implementation of runway safety program;

m) Organize investigations into incidents/accidents associated with flight activities or ANS; inspect and supervise the compliance with regulations on management and provision of ANS and take actions against regulations in accordance with regulations of law;

n) Direct and supervise the conclusion of coordination agreements between Vietnam’s ATS units and foreign ATS units, international cooperation agreements on air navigation services; enter into international cooperation on management and provision of air navigation services and perform other activities as prescribed by law.

2. Responsibilities of Airports Authorities

a) Inspect and supervise the compliance with regulations on provisions o air navigation services at airports/aerodromes, and take actions against violations in accordance with regulations of law;

b) Inspect and supervise flight inspections of navigation and surveillance aids/systems, aeronautical surveillance, and flight validation of flight procedures at airports/ aerodromes;

c) Participate in testing for issuance and renewal of license/ratings to ANS personnel; participate in testing for issuance of license to operate ANS systems/equipment and license to operate ANS units;

d) Perform other tasks as prescribed by law.”.

5. Clause 3 Article 11 is amended as follows:

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

a) VFR; or

b) IFR.”.

6. Clause 1 Article 17 is amended as follows:

 “1. Air traffic services (ATS) personnel includes:

a) Aerodrome, approach and area control services personnel;

b) ARO personnel;

c) Air traffic information – coordination personnel;

d) ATFM personnel;

dd) Aircraft marshalling personnel;

e) A/G HF radio operators;

g) Flight data controller;

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

i) Flight plan procedural personnel;

k) ATS instructors and ATFM instructors.”.

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

a) Clause 2 Article 24 is amended as follows:

 “2. The lowest safe altitude above the highest point of terrain and manmade obstacle within a defined safety buffer region of 25 km from either side of the centerline of the ATS route or within the safety buffer region provided for RNAV/RNP type 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 lowest safe altitude for each route segment shall be the higher one.”.

8. Clause 6 is added to Article 41 as follows:

 “6. Flight information service (FIS) provider shall adopt one of the following methods for providing information to an aircraft:

a) Direct speech between ATS unit and the relevant flight crew, ensuring that the flight crew may receive relevant information;

b) Voice communication to all aircrafts without requesting the flight crew’s confirmation;

c) Broadcasts (HF, VHF, ATIS);

d) Data link.".

9. 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 of ICAO Annex 11 - Air Traffic Services.”.

10. Clause 2 Article 48 is amended as follows:

"2. AIS includes:

a) NOTAM;

b) Aerodrome AIS;

c) AIP.".

11. Clause 1 Article 49 is amended as follows:

"1. AIS units include:

a) NOTAM Office;

b) Aerodrome AIS Unit;

c) AIP Division.”.

12. 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.”.

13. Article 55 is amended as follows:

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

1. Contents of aeronautical data and aeronautical information:

a) national regulations, rules and procedures;

b) aerodrome and heliports;

c) airspace;

d) ATS routes;

dd) instrument flight procedures;

e) radio navigation aids/systems;

g) obstacles;

h) terrains; and

i) geographic information.

2. Digital data sets include:

a) AIP data set;

b) terrain data sets;

c) obstacle data sets;

d) aerodrome mapping data sets; and

dd) instrument flight procedure data sets.

3. Data error detection

AIS units must use data error detection techniques during their transmission and/or storage of aeronautical data and digital data sets.

4. Aeronautical data and aeronautical information validation and verification

a) Documents to be used as the basis for compilation and provision of Aeronautical Information Product must be thoroughly checked by regulatory authorities and units involved in the provision of aeronautical data and aeronautical information before they are sent to AIS units in order to ensure their integrity and accuracy;

b) AIS units shall establish verification and validation procedures which ensure that upon receipt of aeronautical data and aeronautical information, data quality requirements in terms of accuracy, resolution, integrity, traceability, timeliness, completeness and format are met.”.

14. Clause 12 and Clause 20 Article 60 are amended, and Clause 25 and Clause 26 are added to Article 60 as follows:

a) Clause 12 Article 60 is amended as follows:

 "12. Presence of hazards not otherwise promulgated, which affect air navigation, including: obstacles, military exercises and operations, intentional and unintentional radio frequency interferences, rocket launches, 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.”;

c) Clause 25 is added to Article 60 as follows:

 “25. Unavailability of back-up and secondary systems, having a direct operational impact.”;

d) Clause 26 is added to Article 60 as follows:

 “26. Conflict zones which affect air navigation, including: information that is as specific as possible regarding the nature and extent of threats of that conflict and its consequences for civil aviation.”.

15. Article 61 is amended as follows:

 “Article 61. Cases where creation and issuance of NOTAM are not required

1. Routine maintenance work on aprons and taxiways which does not affect the safe movement of aircraft.

2. Runway marking work, when aircraft operations can be safely conducted on other available runways, or the equipment used can be removed when necessary.

3. Temporary obstacles in the vicinity of an aerodrome/heliport that do not affect the safe operation of aircraft.

4. Partial failure of aerodrome/heliport lighting facilities where such failure does not directly affect aircraft operations.

5. Partial temporary failure of air-ground communications when suitable alternative frequencies are known to be available and are operative.

6. The lack of apron marshalling services and road traffic control.

7. The unserviceability of location, destination or other instruction signs on the aerodrome movement area that does not directly affect aircraft operations.

8. Parachuting when in uncontrolled airspace under VFR (visual flight rules), when controlled, at promulgated sites or within danger or prohibited areas.

9. Training activities by ground units where these activities do not directly affect aircraft operations.

10. Unavailability of back-up and secondary systems if these do not have an operational impact.

11. Limitations to airport facilities or general services with no operational impact.

12. Regulations and guidelines issued by competent authorities of Vietnam which do not affect general aviation.

13. Announcement or warnings about possible/potential limitations, without any operational impact.

14. General reminders on already published information.

15. Availability of equipment for ground units without containing information on the operational impact for airspace and facility users;

16. Information about laser emissions without any operational impact and fireworks below minimum flying heights.

17. Closure of movement area parts in connection with planned work locally coordinated of duration of less than 01 hour where this closure does not directly affect aircraft operations.

18. Closure, changes, unavailability in operation of aerodrome(s)/heliport(s) other than aerodrome(s)/heliport(s) operation hours.

19. Other non-operational information of a similar temporary nature.”.

16. Point a and Point b Clause 2 Article 62 are amended, and Clause 4 is added to Article 62 as follows:

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

 “a) Military activities outside prohibited, danger or restricted areas promulgated in Vietnam’s AIP;

b) Operations within prohibited, danger or restricted areas, which are not in accordance with the conditions published in Vietnam’s AIP;";

b) Clause 4 is added to Article 62 as follows:

 “4. Authorities or units originating information shall carry out assessment and make determination regarding whether or not the event affects air navigation as the basis for deciding whether a NOTAM should be published or not, and shall assume responsibility for their decision.”.

17. 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 originated giving a brief description of the contents, effective date and number of that AIP amendment or AIP supplement”.”

18. Clause 3 Article 66 is amended as follows:

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

19. 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 procedures in the cases prescribed in Article 70 of this Circular.

4. In the event of an emergency or with respect to the contents which are not subject to the publication of information under AIRAC procedures, 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.”.

20. 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 defence 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;

dd) 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 distribution of information under the AIRAC system shall comply with ICAO Annex 15 on AIS.”.

21. Heading of Section 7 is changed as follows:

 “Section 7. AERODROME AIS.”.

22. 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 or AROs 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.”.

23. Clause 1 Article 76 is amended as follows:

 “1. PIB is prepared based on the route stages originating at the departure aerodrome to the first landing aerodrome.”.

24. Article 77 is amended as follows:

 “Article 77. Provision of PIB

1. PIB is prepared 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.

2. PIB must be prepared, printed and distributed to the flight crew, flight dispatcher or flight plan procedural personnel at least 03 hours before the estimated time of departure (ETD) for international flights, or at least 02 hours before ETD for domestic flights, if the flight plan filing procedures are completed online; In case of direct filing of the flight plan, PIB shall be delivered to the flight crew, flight dispatcher or flight plan procedural personnel immediately after the flight plan is accepted.

3. Online provision of PIB shall be made in the same manner as online completion of flight plan filing procedures.

4. The flight crew, flight dispatcher or flight plan procedural personnel may provide direct advice and presentation of PIB contents when meeting 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.”.

25. 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 ATS 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.”.

26. Clause 2 Article 79 is amended as follows:

 “2. Aerodrome AIS unit or ARO shall provide instructions for the flight crew that wants to provide post-flight information in writing.”.

27. 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 from 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 Civil Aviation Authority of Vietnam and 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) 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.”.

28. 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.”.

29. Article 82 is amended as follows:

 “Article 82. AIS details

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

30. Clause 3 Article 88 is amended as follows:

 “3. If CNS system/equipment is transferred to another unit, all documents or records of parameters of that system/equipment must be also transferred to the receiving unit.”.

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

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

32. Clause 1 Article 97 is amended as follows:

"1. CNS system/equipment which is put into trial operation must meet relevant technical requirements laid down in ICAO Annex 10 on Aeronautical Telecommunications.”.

33. 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.”.

34. Article 110 is amended as follows:

 “Article 110. CNS details

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

35. Point a Clause 2 and Point a Clause 3 Article 116 are amended as follows:

a) Point a Clause 2 Article 116 is amended as follows:

 “a) MET REPORT is issued at aerodromes to serve the takeoff and landing of aircraft, and published on ATIS, D-ATIS;”.

b) Point a Clause 3 Article 116 is amended as follows:

 “a) SPECIAL is issued at aerodromes to serve the takeoff and landing of aircraft, and/or published on ATIS, D-ATIS;”.

36. Article 120 is amended as follows:

 “Article 120. TREND forecasts

1. AMO shall cooperate with Aerodrome Meteorological Station (AMS) in preparing and issuing TREND forecasts for aerodromes in the responsible region.

2. AMS 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 02 hours from the time of the report. Details TREND forecasts shall comply with ICAO Annex 3 on Meteorological Service for International Air Navigation.”.

37. 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. AMS 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.”.

38. Clause 2 Article 124 is amended as follows:

 “2. Contents and methods of preparation of windshear warnings (WS WRNG) at aerodromes shall comply with ICAO regulations and guidelines.”.

39. Article 130 is amended as follows:

 “Article 130. Collection and retention of aeronautical meteorological data

1. For MET units:

a) Aerodrome meteorological data must be retained for at least 90 days; data obtained through the automated weather observing system (AWOS) must be fully on the server of this system; manually metered meteorological data must be recorded with signature of the recording personnel;

b) Received and sent meteorological messages shall be retained for at least 90 days;

c) Records of consultation of weather forecasts and warnings; shift transfer records; weather maps and diagrams; monthly, quarterly and annual weather reports; records bearing signatures or certification of aeronautical meteorological products must be retained for at least 02 years.

2. Aeronautical meteorological database system:

a) METAR and SPECI must be retained for at least 05 years;

b) Weather radar data/products, and meteorological satellite cloud images must be retained for at least 02 years; Vietnam’s weather forecasts and warnings and GTS data must be retained for at least 05 years;

c) Flight documentation shall be retained according to Clause 4 Article 134.

3. Meteorological data/products concerning investigations into aviation accidents/incidents must be retained and kept until they are deemed unnecessary.

4. MET units shall collect and retain meteorological data according to operations manual.”.

40. 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.".

41. Clause 1 Article 133 is amended as follows:

"1. In order to have meteorological information necessary for each flight, ARO shall provide MET units at the aerodrome with detailed information on the flight plan. To be specific:

a) For scheduled flights: information on pre-determined seasonal schedule of flights. Any changes in the flight plan must be notified at least 12 hours before the scheduled time of departure;

b) For charter flights: information on the flight plan shall be provided immediately after receipt.".

42. 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 reports and reports on volcanic ash, storms or tropical cyclone which may affect the safety of aircraft operations.".

b) Clause 2 Article 134 is amended as follows:

 “2. Provision of flight documentation

a) With regard to international flights, the flight documentation must be prepared and provided for the flight crew, flight dispatcher or flight plan procedural personnel at least 03 hours before the ETD;

b) With regard to domestic flights, flight documentation must be prepared and provided for the flight crew, flight dispatcher or flight plan procedural personnel at least 02 hours before the ETD;

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 ETD.".

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

 “b) If the flight documentation has been delivered to the flight crew but the flight is delayed for more than 03 hours later than the scheduled time of departure, the flight crew member, flight dispatcher or flight plan procedural personnel shall repeat f MET service procedures for receiving up-to-date information;

c) Where MET service procedures have been completed 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 updated information which is different from the provided information.”.

d) Clause 4 Article 134 is amended as follows:

 “4. The flight documentation shall be retained by the MET unit and relevant airline, 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, to serve inquiries/investigations and shall be retained until the inquiry/investigation is completed.”.

43. Clause 3 Article 135 is amended as follows:

 “3. Online provision of flight documentation shall be made in the same manner as online completion of flight plan filing procedures.”.

44. Clause 1 Article 140 is amended as follows:

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

45. 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.”.

46. Heading of Article 150 and Points a, b Clause 1 Article 150 are amended as follows:

a) Heading of Article 150 is amended as follows:

 “Article 150. SAR personnel.”.

b) Point a and Point b Clause 1 Article 150 are amended as follows:

 “a) Alerting post personnel at Aerodrome Emergency Center;

b) Search and rescue coordination personnel (at Aviation Search and Rescue Coordination Center, Aerodrome Emergency Center);”.

47. 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 play the leading role and 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-derived fund and funding provided by airlines for covering costs relating to their aircrafts, facilities, equipment and personnel used in SAR exercises.".

48. 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.”.

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

 “k) Draft the en-route CDM agreement, and requests for modification of the CDM agreement to meet actual demands and requirements.”.

50. Point d is added to Clause 1 Article 174 as follows:

 “d) ATFM instructors.”.

51. 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 procedures. Ad hoc review and assessment of flight procedures shall be subject to decision of the Civil Aviation Authority of Vietnam which must be conformable with actual operations.”.

52. Article 193 is amended as follows:

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

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

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) Approach procedure: every 02 years;

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

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

53. 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.”.

54. Clause 2 Article 230 is amended as follows:

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

55. Clause 1 Article 263 is amended as follows:

 “1. ANS inspectors of Civil Aviation Authority of Vietnam, or Airports 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) PANS-OPS;

h) MAP/CHART; aeronautical data.”.

56. Heading of Chapter XVI is amended as follows:

Chapter XVI

 FLIGHT INSPECTIONS OF NAVIGATION AND SURVEILLANCE AIDS/SYSTEMS, AND FLIGHT VALIDATION OF INSTRUMENT FLIGHT PROCEDURE

57. Heading of Article 267 is amended as follows:

 “Article 267. Purposes of flight inspections of navigation and surveillance aids/systems”

58. Article 268 is amended as follows:

 “Article 268. Navigation and surveillance aids/systems subject to periodical flight inspections

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

59. Article 269 is amended as follows:

 “Article 269. Navigation and surveillance aids/systems subject to commissioning flight inspections and re-commissioning flight inspections

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

a) VOR;

b) NDB;

c) GP;

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-commissioning 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 involves in an aviation accident or incident. Flight inspections shall be conducted in accordance with ICAO Guidance on flight inspection.”.

60. 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.".

61. 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.”.

62. 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.”.

63. Clause 2 Article 333 is amended as follows:

 “2. Within 10 working days from the receipt of an adequate application as prescribed, Civil Aviation Authority of Vietnam shall consider the application, carry out physical inspection and request the applicant to provide explanations on relevant contents and issue license to operate ANS unit. If an application is refused, a written response indicating reasons for such refusal must be given to the applicant.

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

64. Point d Clause 1, Clause 2 and Clause 4 Article 334 are amended as follows:

a) Point d Clause 1 Article 334 is amended as follows:

 “d) Requirements for the license to operate ANS unit have been satisfied (in case the license is revoked).:.

b) Clause 2 Article 334 is amended as follows:

 “a) The application for re-issuance of the license to operate ANS unit (made using the Form No. 2 provided in Appendix VIII enclosed herewith);

b) Copies of documents concerning the contents specified in Points b, c, d Clause 1 of this Article.”.

c) Clause 4 Article 334 is amended as follows:

 “4. Regarding cases of re-issuance specified in Point c and Point d Clause 1 of this Article: within 08 working days from the receipt of an adequate application as prescribed, Civil Aviation Authority of Vietnam shall consider the application, carry out physical inspection and request the applicant to provide explanations on relevant contents, and re-issue license to operate ANS unit. If an application is refused, a written response indicating reasons for such refusal must be given to the applicant.

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

65. 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;".

66. Clause 2 Article 337 is amended as follows:

 “2. Within 08 working days from the receipt of an adequate application as prescribed, Civil Aviation Authority of Vietnam shall consider the application, carry out physical inspection and request the applicant to provide explanations on relevant contents, and issue license to operate air navigation technical system/equipment. If an application is refused, a written response indicating reasons for such refusal must be given to the applicant.

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

67. Clause 4 Article 338 is amended as follows:

 “4. Regarding cases of re-issuance specified in Point b, c, d Clause 1 of this Article: within 08 working days from the receipt of an adequate application as prescribed, Civil Aviation Authority of Vietnam shall consider the application, carry out physical inspection (if necessary), request the applicant to provide explanations on relevant contents, and re-issue license to operate air navigation technical system/equipment. If an application is refused, a written response indicating reasons for such refusal must be given to the applicant.

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

68. Point a Clause 1 Article 339 is amended; Point d and Point dd are added to Clause 2; 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, have no previous conviction or offence and have not implemented a criminal sentence or faced a criminal prosecution; particularly, ATFM employee 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 services 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 level-3 English proficiency;

dd) Certificate of English proficiency of level 3 or 4, level 5 or level 6 for air navigation services personnel shall be valid for 03 years, 06 years, or for an indefinite term respectively.”.

c) Clause 3 Article 339 is amended as follows:

 “3. Training duration for air navigation services personnel shall comply with the Ministry of Transport’s regulations on training and testing for aviation personnel.”.

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.”.

69. Article 340 is amended as follows:

 “Article 340. Validity period and list of licenses and ratings of air navigation services personnel.

1. A license for air navigation services personnel shall be valid for 07 years from the date on which it is signed. Validity period of personnel ratings is as follows:

a) 12 months for ratings of air traffic services personnel, including aerodrome control service, approach control without ATS surveillance; ATS approach control; area control without ATS surveillance; ATS area control; ATFM (excluding ATFM instructors); aircraft marshallers; ATC watch supervisors at aerodrome control, approach control and area control posts;

b) 24 months for other ATC personnel and air navigation services personnel.”.

2. List of license and ratings for air navigation services personnel is provided in Appendix XI enclosed herewith.”.

70. Clause 2 Article 341 is amended as follows:

 “2. Within 15 days from the receipt of adequate application, Civil Aviation Authority of Vietnam shall examine the received application, organize testing and issue the license and ratings to qualified air navigation services personnel (using the form No. 03 provided in Appendix IX enclosed herewith). If an application is refused, a written response indicating reasons for such refusal shall be given to the applicant.

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.”.

71. Clause 4 Article 342 is amended as follows:

 “4. With regard to re-issuance of license/rating of air navigation services personnel in case of expired license/rating, within 12 working days from the receipt of application, Civil Aviation Authority of Vietnam shall examine the received application, organize testing and re-issue the license/rating to qualified air navigation services personnel. If an application is refused, a written response indicating reasons for such refusal shall be given to the applicant.

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.”.

72. 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 the ATS flight plan related to the scheduled flight or a part 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 regarding facilities, equipment, system and/or software used for creating and processing ATS flight plans, personnel and training, aircraft operations manual, contact address and information confidentiality of civil flights departing from airports of Vietnam. The online submission of the flight plan using the form provided in Section 7 Part I of this Appendix shall be made in the same manner as online completion of flight plan filing procedures in conformity with actual operations conditions of Vietnam’s airlines so as to ensure safety and efficiency of air navigation.“.

Article 1. Replacement and abrogation of some Points, Clauses, Articles and Appendixes of Circular No. 19/2017/TT-BGTVT dated June 06, 2017

1. Clause 33 Article 4, Clause 2 Article 76, Clause 4 Article 111 and Clause 4 Article 132, and Clause 3 Article 341 are abrogated.

2. Form No. 03 in Appendix IX is replaced with Form No. 1 in the Appendix enclosed herewith.

3. Appendix X is replaced with Form No. 2 in the Appendix enclosed herewith.

4. Appendix XI is replaced with Form No. 3 in the Appendix enclosed herewith.

Article 3. Effect

1. This Circular comes into force from February 02, 2022.

2. Ratings of license for search and rescue coordination personnel granted before the effective date of this Circular can still be used until their expiry dates.

3. This Circular annuls Circular No. 09/2020/TT-BGTVT dated April 23, 2020 of Minister of Transport.

Article 4. 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, relevant organizations and individuals shall implement this Circular./.