Nội dung toàn văn Thông tư 52/2023/TT-BGTVT sửa đổi Thông tư 29/2021/TT-BGTVT mới nhất
THE MINISTRY OF TRANSPORT OF VIETNAM | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 52/2023/TT-BGTVT | Hanoi, December 31, 2023 |
CIRCULAR
AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 29/2021/TT-BGTVT DATED NOVEMBER 30, 2021 OF MINISTER OF TRANSPORT ELABORATING MANAGEMENT AND OPERATION OF AIRPORTS AND AERODROMES
Pursuant to the Law on Vietnam Civil Aviation dated June 29, 2006 and Law on amendments to some Articles of the Law on Vietnam Civil Aviation dated November 21, 2014;
Pursuant to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
Pursuant to the Government’s Decree No. 66/2015/ND-CP dated August 12, 2015 on aviation authorities;
Pursuant to the Government’s Decree No. 05/2021/ND-CP dated January 25, 2021 on management and operation of airports and aerodromes;
At the request of the Director General of Transport Infrastructure Department and the Director General of the Civil Aviation Authority of Vietnam;
The Minister of Transport hereby promulgates a Circular on amendments to some Articles of Circular no. 29/2021/TT-BGTVT dated November 30, 2021 of Minister of Transport elaborating management and operation of airports and aerodromes.
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1. Clauses 17 and 21 of Article 2 are amended and clauses 27 through 32 are added to Article 2 as follows:
a) Clause 17 of Article 2 is amended as follows:
“17. “historic baseline date” means the date on which confirmed slots are taken to form a basis for determining historic slots according to the IATA’s calendar of coordination activities.”;
b) Clause 21 of Article 2 is amended as follows:
“21. “slot” means the scheduled off-block time and in-block time of an aircraft on a specific date serving as a permission to use the full range of airport infrastructure necessary to arrive at or depart from an airport.”;
c) Clause 27 is added to Article 2 as follows:
“27. “fully coordinated airport” means an airport where the capacity of the airport infrastructure does not meet the airlines’ slot demands.
d) Clause 28 is added to Article 2 as follows:
“28. “SHL Deadline” means the deadline date by which the Civil Aviation Authority of Vietnam (hereinafter referred to as “CAAV” must inform airlines of historic slots according to the calendar of coordination activities published by IATA.”;
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“29. “Agreed Historic Deadline” means the deadline date by which airlines must raise any disagreements with the CAVV's determination of historics according to the calendar of coordination activities published by IATA.”;
e) Clause 30 is added to Article 2 as follows:
“30. “Initial Submission Deadline” means the deadline date by which airlines must submit their initial slot series requests to the CAAV according to the calendar of coordination activities published by IATA.”;
g) Clause 31 is added to Article 2 as follows:
“31. “SAL Deadline” means the deadline date by which the CAAV must coordinate airlines’ requested initial slots according to the calendar of coordination activities published by IATA.”;
h) Clause 32 is added to Article 2 as follows:
“32. “Series Return Deadline” means the deadline date by which airlines must return series of slot that they do not intend to operate according to the calendar of coordination activities published by IATA.”;
2. Clauses 19 and 20 are added to Article 3 as follows:
a) Clause 19 is added to Article 3 as follows:
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b) Clause 20 is added to Article 3 as follows:
“20. AIBT stands for Actual In-Block Time.”;
3. Section 12. of Chapter II is replaced as follows:
“SECTION 12. COORDINATING SLOTS AT AIRPORTS AND AERODROMES
Article 83. Slot Coordination Committee
1. The CAAV shall establish a Slot Coordination Committee which will advise on matters relating to slot coordination, including:
a) Slot coordination parameters and changes to slot coordination parameters;
b) Solutions for increasing the capacity of Vietnam's airports and aerodromes;
c) Adjustments and changes to length of series of slots; Correct utilization rate of each slot sequence; ratio of slot utilization to the number of confirmed slots and ratio of correct utilization of slots to the number of confirmed slots as a basis for considering additional slot requests of airlines during a season; absolute indicator of the efficiency of slot use; historic slots of airlines in case of decreasing slot coordination parameters; deadlines as set out in IATA's calendar of coordination activities;
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dd) List of fully coordinated airports.
2. A Slot Coordination Committee is composed of representatives of Vietnamese airlines, airport and aerodrome operators, air navigation service providers and agencies affiliated to the CAAV.
Article 84. Rules for determination of slot coordination parameters
1. Airport and aerodrome operators shall impose capacity limits of terminals and aprons.
2. Air navigation service providers shall impose capacity limits of runways and air traffic control service services.
3. According to the limits specified in clauses 1 and 2 of this Article and comments of the Slot Coordination Committee, the CAAV shall decide the slot coordination parameters and changes to slot coordination parameters.
4. Slot coordination parameters at airports shall be determined adhering to the following principles:
a) Slot coordination parameters relating to terminals and aprons must not exceed of the limits specified in clause 1 of this Article;
b) Slot coordination parameters relating to runways and air traffic control services must not exceed 80% of the limits specified in clause 2 of this Article with respect to fully coordinated airports. Slot coordination parameters of fully coordinated airports must not exceed the capacity limits of runways and air traffic control services specified in clause 2 of this Article.
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a) Lunar New Year period, starting from December 15 and ending on January 15 based on the lunar calendar;
b) Summer peak period, starting from May 15 and ending on August 15 based on the solar calendar;
c) Statutory holiday period;
d) Cultural, economic and political events and other peak periods at the request of the Government and the Ministry of Transport.
Article 85. Historic slots
1. A historic slot of a season is a series of slots correctly used with a rate of at least 80% of a series of international slots or at least 70% of a series of domestic slots specified in clause 2 of this Article.
2. Series of slot considered as bases for determining a historic slot consist of:
a) Series of slots last confirmed prior to the historic baseline date;
b) Series of domestic slots confirmed as changed before September 15 for the Winter flight schedule and before February 15 for the Summer flight schedule;
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d) Series of newly requested slots (code N, B) first confirmed, series of newly requested slots (code N), requested together with the cancellation of series of slots (code D) after the historic baseline date;
dd) Series of slots specified in points b and c of this clause must be requested by February 10 at the latest for the Summer flight schedule and before September 10 at the latest for the Winter flight schedule.
3. Order of priority for determination of historic slots if the number of slots eligible for historic precedence exceed the slot coordination parameters:
a) Series of slots confirmed prior to the historic baseline date;
b) Series of confirmed slots specified in points b and c clause 2 of this Article;
c) Series of confirmed slots specified in point d clause 2 of this Article.
4. Correctly used slots
a) For take-off slots, they are actually operated no earlier or later than the confirmed slots: 30 minutes for a domestic departing flight; 60 minutes for an international departing flight between two airports separated by a great circle distance less than 6,000 km and 120 minutes for an international flight between two airports separated by a great circle distance greater than or equal to 6,000 km;
b) For landing slots, they are actually operated;
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d) Slots which have been confirmed as being directly affected due to a change to the flight plan in service of VIP flights or at the request of a competent authority.
5. The correct utilization ratio is the quotient of the total number of correctly used slots and the total number of confirmed slots (for the Summer flight schedule: from the start of the series to August 20; for the Winter flight schedule: from the start to end of the series). For series of slots starting after August 20, historic slots will not be notified.
6. The CAAV shall notify historic slots to airlines on the basis of the series of slots confirmed in points a, b and c clause 2 of this Article according to the calendar of coordination activities published by IATA.
7. The CAAV shall consider notifying airlines prior to the date allocating series of slots at the start of each season of the possibility that the slots specified in point d clause 2 of this Article are historic slots in the event that airlines submit requests and documentary evidence.
8. The airline shall submit documentary evidence:
a) That the affected flight specified in point d clause 4 of this Article affects the airport/aerodrome operator 14 days before the date of notifying historic slots according to the calendar of coordination activities published by IATA;
b) Within 07 days from the date of notifying historic slots according to the calendar of coordination activities published by IATA in the case of the regulation specified in clause 7 of this Article.
9. The regulations set out in clauses 1 and 2 of this Article shall apply from October 26, 2025 in the 2025 Winter flight schedule to form a basis for determining historic slots for the 2025 Winter season and next seasons.
Article 86. Priority of slot coordination
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a) Historic slots and changes to historic slots that do not impact the slot coordination parameters;
b) Changes to historic slots that impact the slot coordination parameters;
c) Extended slots of the immediately preceding season;
d) Slots of an airline operated at an airport for the first time (only giving priority to confirmation of 06 slots/day);
dd) Newly requested slots of an operating airline.
2. The CAAV shall use additional criteria for coordination of the slots that are yet to be confirmed as specified in clause 1 of this Article and newly requested slots of operating airlines in the following order of priority:
a) Effective period of series of slots extended from the start to the end of each season;
b) Effective longer period of series of slots given first priority;
c) New flights to and from a country;
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dd) International flights that are longer in distance;
e) New flights to and from an airport;
g) Series of slots returned by an airline in the corresponding previous season on a date no later than the series return deadline at the start of each season;
h) Flights using large wide-body commercial aircraft.
3. In the event that an initial series of slots is coordinated in the order of priority specified in clauses 1 and 2 of this Article but has not yet fully confirmed, it will be allocated one for one on each specific day and at specific time by airlines with correct utilization ratio in descending order during the corresponding season period immediately preceding that of the respective airport.
Article 87. Slot coordination process at fully coordinated airports
1. The CAAV shall notify airlines of list of historic slots prior to each season to airlines on the SHL Deadline date in the IATA’s calendar of coordination activities.
2. The airline shall agree or disagree with historic slots in the IATA’s calendar of coordination activities. If no response from the airline is received after this deadline, it is considered that the airline agrees to the historical slots.
3. Each airline shall submit its initial slot series request to the email published on the website of the CAAV by the Initial Submission Deadline set in the IATA’s calendar of coordination activities.
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5. After the SAL deadline, the CAAV shall make a list of series of slots requested by new airlines and new flights specified in clause 3 of this Article but not yet confirmed in accordance with the waitlist. The series of slots on this list will be given priority for confirmation as there is any available slot in the order of priority specified in Article 86 of this Circular until the historic baseline date.
6. If an airline submits its slot series request after the Initial Submission Deadline the SAL deadline, the CAAV shall carry out coordinate series of slots on the following principles:
a) The slot is only considered after the SAL deadline and after the series of slots specified in clause 5 of this Article;
b) The request shall be considered on a first-come-first-served basis;
c) The series of slots requested after September 15 for the Winter flight schedule and after February 15 for the Summer flight schedule will be coordinated together with the slots not in a series on a first-come-first-served basis.
7. For the requests for slots not in a series, the CAAV shall coordinate them on the following principles:
a) The slots are only coordinated after September 15 for the Winter flight schedule and after February 15 for the Summer flight schedule;
b) The requests shall be considered on a first-come-first-served basis;
8. In the event that coordination parameters are decreased at an airport:
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b) If the coordination parameters have been increased but still smaller than or equal to the initial value, the CAAV shall increase the corresponding number of slots of the airlines according to their proportion of slots held by such airlines at the time prior to the decrease.
9. In the case where coordination parameters are increased during the periods specified in clause 5 Article 84 of this Circular, the caav shall coordinate slots as follows:
a) The increased slots will form a fund;
b) 50% of the slots specified in point a of this clause are coordinated according to the proportion of slots held by airlines corresponding to the period of parameter increase on the historic baseline date, the regulations set out in clause 12 of this Article shall not apply;
c) 50% of the slots specified in point a of this clause are coordinated in the order of priority specified in clauses 2 and 3 Article 86 of this Circular and clause 12 of this Article.
10. In the case where coordination parameters are increased due to increase in capacity of airports and air navigation services:
a) If coordination parameters are increased prior to the SAL deadline set in the IATA’s calendar of coordination activities, the CAAV shall coordinate slots following the initial coordination process prescribed in clause 4 of this Article;
b) If coordination parameters are increased after the SAL deadline set in the IATA’s calendar of coordination activities, the CAAV shall coordinate slots as prescribed in clause 9 of this Article.
11. Each airline shall return the slots that have been confirmed but unused by a message to the CAAV. The unused slots shall be returned as follows:
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b) If the airline returns the confirmed slots at least 10 days before the expected date of operation, the number of returned slots shall be excluded when determining the ratio of slot utilization to the number of confirmed slots in the latest month to form a basis for confirmation of additional slots.
12. The CAAV shall coordinate additional slots (if any) if the following conditions are met:
a) The airline’s published ratio of take-off slot utilization is at least 85% and ratio of correct utilization of take-off slots is at least 75% in the latest month
b) At least 85% of slots in the operation schedule of the airline do not coincide with the slots confirmed by the CAAV in the latest month;
c) The regulations set out in points a and b of this clause does not apply to the airlines whose average daily number of historic slots is 6 or below or at the request of the Ministry of Transport.
Article 87a. Slot coordination process at non-fully coordinated airports
1. The CAAV shall notify airlines of list of series of slots recorded at the end of the season for Winter flight schedule and series of slots recorded on August 20 for corresponding previous Summer flight schedule by the SHL Deadline set in the IATA’s calendar of coordination activities.
2. Each airline shall agree or disagree with the list of series of slots informed at the airport by the Agreed Historic Deadline set in the IATA’s calendar of coordination activities. If no response from the airline is received after this deadline, it is considered that the airline agrees to the list of slots recorded at the end of the corresponding previous season.
3. Each airline shall submit its initial slot series request to the email published on the CAAV’s website within 15 days from the Initial Submission Deadline set in the IATA’s calendar of coordination activities.
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5. The CAAV shall coordinate the series of slots submitted after the deadline specified in clause 3 of this Articles together with the slots not in a series on a first-come-first-served basis after coordinating slots as prescribed in clause 4 of this Article.
Article 88. Information disclosure
1. The CAAV shall consolidate information about fully coordinated airports as follows:
a) Slot coordination parameters of airports and aerodromes;
b) Results of slot confirmation updated until the start date of a season;
c) Statistics on the ratio of slot utilization to the number of confirmed slots, ratio of correct utilization of slots to the number of monthly confirmed slots.
2. The information in clause 1 of this Article shall be disclosed on the CAAV’s website.
Article 89. Regulations on establishment of slot databases and application of information technology
1. Databases in support of slot coordination
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b) Airport and aerodrome operators, air navigation service providers and other relevant organizations participating in transport and operation at coordinated airports shall provide data on a periodic basis as prescribed in Article 90 of this Circular or on an ad hoc basis at the CAAV’s request.
2. The CAAV grant access to the slot management software system to Vietnamese airlines, airport and aerodrome operators, air navigation service providers, air navigation service providers and airport authorities. They shall take responsibility for securing their account for access to the CAAV’s slot management software system.
Article 90. Regulations on reporting and providing information with a view to database establishment
1. Operators of airports and aerodromes shall report and provide information about:
a) The capacity limits of terminals and aprons twice a year, upon any change thereto or upon request, according to the Form No. 5.1.1 in the Appendix I hereof;
b) The use of slots by domestic and international flights and formulation of daily operation plans in comparison with the number of monthly confirmed slots, according to the Form No. 5.1.2 in the Appendix I hereof on the 05th of the next month;
c) The confirmed number of aircrafts parked overnight to airlines according to the Form No. 5.1.4 in the Appendix I hereof before April 15 with respect to reporting of data in the next Winter flight schedule and before September 15 with respect to reporting of data on the next Summer flight schedule;
d) The use of slots by flight numbers in each season according to the Form No. 5.1.5 in the Appendix I hereof; reporting to the CAAV 10 days before SHL deadline set in the IATA’s calendar of coordination activities with respect to data aggregated by the season. The CAAV shall provide IATA’s calendar of coordination activities to airport and aerodrome operators;
dd) Supervision of cancellation of slots by flight numbers during each season according to the Form No. 5.1.6 in the Appendix I hereof; reporting to the CAAV on the 10th every month for aggregation of cancelled slots as prescribed in Article 92 of this Circular.
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3. Every air navigation service provider shall report and provide capacity limits of runways and air navigation services twice a year or upon any change thereto or upon request according to the Form No. 6.1 in the Appendix I hereof.
Article 91. Mechanisms for supervision and management of use of slots at fully coordinated airports
1. Supervision of operation of slots
a) Every airport authority shall supervise operation of slots at the airport under its management, submit a report thereon to the CAAV.
b) Every airport or aerodrome operator shall establish a database, invest in information technology system to receive and process data on operation of slots by airlines and submit a report to the CAAV and aviation authority.
c) The airline or the ground services unit authorized by the airline shall provide accurate data on AOBT and AIBT to airport and aerodrome operators to perform the tasks specified in point b clause 1 of this Article.
2. Any airline that opens ticket sales or makes reservations without historic slots or confirmed slots will not be considered to have additional slots confirmed for intended flight routes.
3. Management of aircrafts parked overnight
a) The airport or aerodrome operator shall confirm the number of aircrafts parked overnight as registered by airlines in a manner that is appropriate to the airport capacity as prescribed in point c clause 1 Article 90 hereof;
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c) Any airline for which the number of aircrafts parked overnight in one season has been confirmed shall continue to maintain such number of aircrafts parked overnight in the next season.
d) In case an airline fails to ensure the confirmed number of aircraft parked overnight, resulting in the apron being overloaded, the airport operator reserves the right to refuse to accept the flight of such airline and shall notify its refusal to the air navigation service provider or airline and report to the CAAV and the airport authority.
4. The CAAV shall provide airport and aerodrome operators with data on confirmed slots immediately after sending it to airlines in order for such airport and aerodrome operators to compare and process data for reporting as prescribed in point a clause 3 of this Article.
5. The airport or aerodrome operator shall grant an account to the airport authority for its access to the airport’s flight database.
Article 92. Cases in which slots are cancelled
1. An airline starts to operate or suspend the operation continually during a period corresponding to 30% of the series of confirmed slots but not exceeding 06 weeks.
2. An airline has failed to correctly use slots (including the slots that have been confirmed but not used and returned by the deadline) continually during a period corresponding to 40% of the series of confirmed slots but not exceeding 08 weeks.
3. The airlines whose series of slots are cancelled shall not be allocated historic slots for the next corresponding season.
4. The CAAV shall cancel the series of slots specified in clauses 1 and 2 of this Article.
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1. Airlines are permitted to swap slots on a one-for-one basis at the same airport provided that:
a) The entire series of slots is swapped;
b) The series of slots is swapped on one occasion in a season.
2. Airlines requesting slot swaps shall send a message to the CAAV at least 01 week before the start of the series of slots, including the following details:
a) The names of the airlines involved;
b) The series of slots to be swapped;
c) The period of the swap (period of operation, season)
3. Series of swapped slots may be considered as historic slots as prescribed in Article 85 of this Circular.
Article 93a. Responsibilities of CAAV
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2. Publish IATA’s calendar of coordination activities prior to each season on the CAAV’s website.
3. Decide to adjust or change the matters specified in points c and d clause 1 Article 83 of this Circular in unforeseeable event, beyond its control or in cases of affecting air transport, including:
a) Impacts of natural disasters, weather, diseases, war, armed conflict, terrorism and embargo;
b) Impacts of strikes and protests;
c) Suspension of operation at the request of a competent authority or departure/arrival airport/aerodrome;
d) Recall of an aircraft or its engine for technical reason by the manufacturer.
4. Request the Ministry of Transport to consider changing or adjusting the matters specified in points c and d clause 1 Article 83 of this Circular in cases of affecting air transport other than those specified in clause 3 of this Article.
5. Announce the list of non-fully coordinated airports.
6. Decide operation of the Slot Committee.”.
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“Article 99. Transitional clauses
1. Any employee’s license to operate aviation equipment or vehicles in restricted areas of an airport or aerodrome issued before the effective date of this Circular shall remain valid until its expiry.
2. The Vietnamese airlines’ series of slots confirmed until February 28, 2023 for the 2023 Summer flight schedule shall be used as basis for informing historic slots for the 2025 and 2026 Summer flight schedules, except for the cancelled series of slots since they are not used under clause 1 Article 92 of this Circular.
3. The foreign airlines’ series of slots confirmed until the historic baseline date for the 2024 Summer flight schedule shall be used as basis for informing historic slots for the 2025 and 2026 Summer flight schedules.
4. The series of slots confirmed until the historic baseline date for the 2023 Winter flight schedule shall be used as basis for informing airlines of historic slots for the 2024 and 2025 Winter flight schedules, except for the cancelled series of slots since they are not used under clause 1 Article 92 of this Circular.
5. If new series of slots of foreign airlines in the 2024 Summer flight schedule are eligible for notification of historic precedence for the next corresponding seasons, resulting in the slot coordination parameters being exceeded, the CAAV shall coordinate slots of Vietnamese airlines according to the proportion of slots held by such airlines within each specific timeframe on the historic baseline date as specified in clause 2 of this Article.
6. For the series of slots returned before the historic baseline date, historic slots shall be informed for the corresponding season during the period beginning from the 2024 Summer season to the 2026 Summer season.”.
5. Clause 5 Article 100 of the Circular No. 29/2021/TT-BGTVT is repealed.
Article 2. Replacing, adding and repealing forms in Appendix I to Circular No. 29/2021/TT-BGTVT
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2. Form No. 5.1.6 which is provided in the Appendix to this Circular is added as Form No. 5.1.6 in the Appendix I to the Circular No. 29/2021/TT-BGTVT.
3. Form No. 5.1.3, Form No. 5.2.2 and Form No. 6.2 in the Appendix I to the Circular No. 29/2021/TT-BGTVT are repealed.
Article 3. Effect and responsibility for implementation
1. This Circular comes into force from February 15, 2024.
2. Chief of Office, Chief Inspector, Departments and Civil Aviation Authority of Vietnam, heads of agencies and units and organizations and individuals concerned are responsible for the implementation of this Circular./.
PP. THE MINISTER
THE DEPUTY MINISTER
Le Anh Tuan