Article 14. Authority to issue, modify and cancel the flight permit
1. The Consular Department shall issue, modify and cancel the flight permit specified under Point a, Paragraph 2, Article 81 of the Law on Civil Aviation of Vietnam amended and added under Paragraph 18, Article 1 of the Law amending and adding some articles of the Law on Civil Aviation of Vietnam.
2. The Department of Operations shall issue, modify and cancel the flight permit specified under Point a, Paragraph 2, Article 81 of the Law on Civil Aviation of Vietnam amended and added under Paragraph 18, Article 1 of the Law amending and adding some articles of the Law on Civil Aviation of Vietnam.
3. The Civil Aviation Authority of Vietnam shall issue, modify and cancel the flight permit specified under Point c, Paragraph 2, Article 81 of the Law on Civil Aviation of Vietnam amended and added under Paragraph 18, Article 1 of the Law amending and adding some articles of the Law on Civil Aviation of Vietnam. Where the flights are carried out partially in the airway and the special flight activities in the airway, the Civil Aviation Authority of Vietnam shall issue, modify and cancel the flight permit after having the consent from the Department of Operations.
4. On days-off, holidays, after office hours or in cases of necessity, the Civil Aviation Authority of Vietnam shall authorize the air traffic flow management Center to issue, modify and cancel the flight permit for the following flights:
a) The flights transporting the mechanics, engine, equipment to serve and repair the malfunctioning aircraft or transporting passengers, luggage, cargo and postal items of the malfunctioning aircraft.
b) The flights for search, rescue, medical emergency aid, salvage;
c) The domestic flights transferred to another aerodrome and flights for technical testing;
d) The flights of Vietnamese public service aircraft;
dd) Modifying the following contents of flight permit: Airway, points of flight into and out of the airspace of Vietnam; change of aircraft for commercial reasons; change of aircraft for commercial reasons for the domestic flights; change of departure and arrival aerodrome outside the territory of Vietnam for the flights over the airspace of Vietnam.
The Civil Aviation Authority of Vietnam must supervise the issue of flight permit under authorization. The air traffic flow management Center shall announce the contents of the flight permit issued, modified or cancelled for the national Center for flight operation management and the relevant air traffic service providers right after the issue, modification or cancellation of flight permit and prior to the expected time of flight or time to fly into the flight information region under the management of Vietnam for the flights over the airspace of Vietnam.
5. In case of necessary flight safety assurance, the air traffic controller who is directly operating the flights has the right to give the order to change the flight plan to the flying aircraft. The facility which directly operates the flights shall inform immediately the relevant area center for flight operation management of the order giving to the flights;
6. The flight permit issuing bodies must publicly announce the focal point and address of the body receiving the request for issue flight permit.
7. The Ministry of Transport shall coordinate with the Ministry of Foreign Affairs and the Ministry of Defense to stipulate the order and procedures for issuing, modifying and cancelling the flight permit of the flights specified in Paragraphs 1, 2 and 3 of this Article.
Article 15. Request for issue of flight permit
1. The aircraft operator, the transporter or the authorized person (hereafter referred to as the requester for flight permit) shall send the request for issue of flight permit to the flight permit issuing body specified in Paragraphs 1, 2 and 3, Article 14 of this Decree.
2. The request for issue of flight permit except the flights specified in Paragraph 3 and 4 of this Article consists of the following contents:
a) The name, postal address and telegram address of the aircraft operator and the transporter;
b) The type of aircraft, flight number, registration number, aircraft nationality and maximum take-off weight;
c) The flight itinerary;
d) The airway and points of flight into and out of the Airspace of Vietnam;
dd) The date of flight performance; estimated time of takeoff, landing or estimated time of flying past the points of flight into and out of the Airspace of Vietnam (the calculated time is twenty-four (24) hours a day and is the Coordinated Universal Time - UTC);
e) The purposes of flight;
g) The number of seats and available ton - AT.
3. For the flights of joint aviation activities, the request for issue of flight permit must submit the request for flight permit including the contents specified under Points a, b, e and g of Paragraph 2 of this Article and the following contents:
a) The flight itinerary, flight area in service of joint aviation; airway or flight path in service of joint aviation activities;
b) The time of flight permit performance.
4. Request for issue of flight permit to the ultra-light flying vehicle including the contents specified in Paragraph 2 of this Article and the following contents:
a) The departure and arrival aerodrome or position of ultra-light flying vehicle (WGS-84 coordinate);
b) Thời gian hoạt động (giờ, ngày, tháng, năm); The operational time (hour, date, month, year);
c) The minimum and maximum altitude;
d) The flight path and flight direction of ultra-light flying vehicle;
dd) The identification characteristics;
e) The communication equipment;
g) Other notes.
5. The requester for flight permit shall take responsibility for the truthfulness and accuracy of the information and documents of the flights;
Article 16. Time limit for submission of request and for issue and modification of flight permit
1. Within ten (10) working days prior to the estimated date of flight permit performance for the regular flights.
2. Within seven (07) working days prior to the estimated date of flight permit performance for the following cases:
a) Testing, performance, demonstration or training flights;
b) Flights in service of scientific study, national economy, cultural, sports and tourism activities;
c) Flights of foreign military aircraft performing the civil flight activities in Vietnam.
3. Within five (05) working days prior to the estimated date of flight permit in the following cases:
a) The foreign special aircraft flights transporting the guests of the Party and State and flights performing the escorting or preparation duty for those special flights; Other foreign special flights and escorting or preparation flights those special flights;
b) The international chartered flights or increased flights to and from Vietnam;
c) The flights of foreign public service aircraft not subject to the cases specified in Paragraph 2 of this Article.
4. Within three (03) working days prior to the estimated date of flight permit performance for the following cases:
a) The irregular flights over the airspace of Vietnam or technical landing in Vietnam;
b) The flights are performed as decided by the Court or the competent state authorities of Vietnam;
c) The flights are performed under the aircraft lease/ sale contract;
d) The flights transferred to international aerodrome;
dd) The flights in service of separate needs of the bodies, organizations and individuals.
5. Within twenty four (24) hours prior to the estimated hour of flight permit performance for the flights specified under Point c, Paragraph 4, Article 14 of this Decree; the flights for humanitarian purposes and the flights of joint aviation activities.
6. Do not apply the time limit in the following cases:
a) The flights in urgent circumstances;
b) The flights specified under Points a, b and d, Paragraph 4, Article 14 of this Decree;
c) Modification of flight permit specified under Point dd, Paragraph 4, Article 14 of this Decree.
7. The time limit for submission of request for issue or modification of flight permit for the special aircraft flights, escorting flights, preparation flights complies with the regulations on special aircraft assurance.
8. The flight permit issuing body shall review and inform the flight permit or reply upon disapproval of permit issue to the requester within the following time limit:
a) Seven (07) working days after receiving the request for the cases specified in Paragraph 1 of this Article;
b) Five (05) working days after receiving the request for the cases specified in Paragraph 2 of this Article;
c) Three (03) working days after receiving the request for the cases specified in Paragraph 3 of this Article;
d) Two (02) working days after receiving the request for the cases specified in Paragraph 4 of this Article;
dd) Twelve (12) hours after receiving the request for the cases specified in Paragraph 5 of this Article;
e) The flight permit issuing body and the air traffic controller shall reply and issue the order to change the flight plan immediately to the requester for the cases specified in Paragraph 6 of this Article.
9. Where the request for issue or modification of flight permit is not submitted at the prescribed time limit, the flight permit issuing body shall review the factors of reasons for late submission of request, characteristics and necessity of flight and other relevant matters to decide on issue or denial of issue of flight permit.
10. The flight permit issuing body must ensure the conditions and restricted operation of aerodrome airspace, airway, mode of flight and the conditions to ensure the safe flight activities specified in the Rules of civil aviation air traffic and the Rules of the air in the aerodrome areas and the policies announced in the aeronautical information publication (AIP) of Vietnam when issuing the flight permit.
11. The Civil Aviation Authority of Vietnam shall provide instructions and assess the compliance with the standards of aviation safety and security of the airlines before issuing the flight permit to the flights to and from Vietnam. Where there are the grounds that the foreign aviation authority does not ensure the safety supervision over the aircraft operation of the relevant airlines according to the standards of ICAO, the Civil Aviation Authority of Vietnam shall assess the aviation safety supervision capacity of that aviation authority. The requester for issue of flight permit must submit with the request for issue of flight permit the necessary documents as required by the Civil Aviation Authority of Vietnam in service of assessment.
Article 17. Contents of flight permit
1. The contents of flight permit, except the cases specified in Paragraph 2 and 3 of this Article, consist of:
a) The name and address of person issued with flight permit; name and address of the aircraft operator;
b) The flight permit number issued;
c) The type of aircraft, flight number, registration number and aircraft nationality;
d) The flight itinerary;
dd) Airway, points of flight into and out of the Airspace of Vietnam;
e) Estimated time of takeoff, landing or estimated time of flying past the points of flight into and out of the Airspace of Vietnam (the calculated time is twenty-four (24) hours a day and is the Coordinated Universal Time - UTC);
g) The purposes of flight;
h) The value of implementation time of flight permit;
i) The appointment of flight assurance service provider (if necessary);
k) Other regulations of flight permit.
2. The flight permit for the flights of joint aviation activities consists of the contents specified under Points a, b, c, d, g, h and i, Paragraph 1 of this Article and the following contents:
a) The flight areas in service of joint aviation activities; airway or flight path in service of joint aviation activities;
b) The communication equipment.
3. The flight permit of the ultra-light flying vehicle consists of the contents specified under Points a, b, c, g, h and i, Paragraph 1 of this Article and the following contents:
a) The departure and arrival aerodrome or position of ultra-light flying vehicle (WGS-84 coordinate);
b) The operational time (hour, date, month, year);
c) The minimum and maximum altitude;
d) The flight path and flight direction of ultra-light flying vehicle;
dd) The identification characteristics;
e) The communication equipment;
g) Other notes.
Article 18. Effect of flight permit
1. The implementation time of each flight is defined by the contents of issued flight permit.
2. The flight permit for the departure and arrival flights at the airports or aerodromes of Vietnam is valid from twelve (12) hours prior to the estimated hour specified in the flight permit to twenty four (24) hours after the estimated hour of take-off and landing specified in the flight permit.
3. The flight permit for the flights over the airspace of Vietnam is valid from three (03) hours prior to the estimated hour specified in the flight permit to seventy two (72) hours after the estimated hour specified in the flight permit.
4. The validity of the flight permit consists of the flight permit for the flights from the alternate aerodrome to the arrival aerodrome or departure aerodrome.
Article 19. Modification and cancellation of flight permit
1. The flight permit issuing body can cancel it for the following reasons:
a) Security and national defense;
b) Safety and security of the flights;
c) Public order and interests;
d) Protection of State interests;
dd) Conformity with the international agreement of which the Socialist Republic of Vietnam is a member;
e) The requester for flight permit provides the untruthful information and fails to properly implement the flight permit as stipulated in the flight permit; fails to fully pay all prices and fees of flight operation into or over the flight information region under the management of Vietnam and other prescribed fees or has other tricky acts
2. When wishing to change the contents of issued flight permit, the requester for flight permit shall submit the request for modification of flight permit to the flight permit issuing body and only performing the flight after getting the confirmation of the flight permit issuing body. The request for modification of flight permit consists of the following contents:
a) The name, postal address and telegram address of the aircraft operator and the transporter;
b) The issued flight permit number date of issue of flight permit;
c) The details of request for modification of the issued flight permit.
3. The requester for issue of flight permit must inform the flight permit issuing body prior to the estimated time limit for flight performance in case of cancellation of the flight issued with permit.
Article 20. Sending the flight permit
1. The flight permit issuing bodies must send the flight permit issued, modified or cancelled to the requester for issue of flight permit.
2. The Department of Operations, the Consular Department must immediately send the flight permit issued, modified or cancelled to the national Center for flight operation management, the Civil Aviation Authority of Vietnam and the air traffic flow management Center.
3. The Civil Aviation Authority of Vietnam must immediately send the flight permit issued, modified or cancelled to the national Center for flight operation management and the air traffic flow management Center.
Article 21. Procedures for receiving the flight information for the flights over or in the flight information region on international waters under the management of Vietnam.
1. The aircraft operator, transporter or authorized person for the for the flights over or in the flight information region on international waters under the management of Vietnam (hereafter referred to as the flight information sender) must send the flight information to the air traffic flow management Center within the following time limit:
a) Within twenty (20) working days prior to the estimated date of flight performance for the regular flights.
b) Within one (01) hour prior to the estimated time of flight performance for the irregular flights.
2. The flight information consists of the following contents:
a) The name, postal address and telegram address of the aircraft operator and the transporter;
b) The type of aircraft, flight number, registration number, aircraft nationality and maximum take-off weight;
c) The flight itinerary or flight area;
d) The airway, point of flight into and out of the flight information region;
dd) The date of flight performance; estimated time of takeoff, landing or estimated time of flying past the points of flight into and out of the Airspace of Vietnam (the calculated time is twenty-four (24) hours a day and is the Coordinated Universal Time - UTC);
e) The purposes of flight
3. For the flight activities in the flight information region on international waters under the management of Vietnam, the flight information sender must submit the flight chart with the flight information specified in Paragraph 2 of this Article.
4. The flight information for the ultra-light flying vehicle consists of the information specified in Paragraph 2 of this Article and the following contents:
a) The position of ultra-light flying vehicle (WGS-84 coordinate);
b) The operational time (hour, date, month, year);
c) The maximum altitude;
d) The flight path and flight direction of ultra-light flying vehicle;
dd) The identification characteristics;
e) The communication equipment;
g) Other notes.
5. The flight information sender is solely responsible for the truthfulness and accuracy of flight information and documents.
6. The air traffic flow management Center must review and inform the approval of flight information to the flight permit sender.
Article 22. Making and implementing the flight activity plan
1. The air traffic flow management Center shall make the civil flight activity plan by season and day and send it to the national Center for flight operation management and the Civil Aviation Authority of Vietnam.
2. The national Center for flight operation management shall summarize the flight activity plan by the joint day in the whole country and deploy it to the units managing the airspace and flights under the management of the Ministry of Defense; manage and operate the joint flight activity plan in the whole country; send the military flight activity plan pertaining to the civil flight activities to the air traffic flow management Center.
3. The air traffic flow management Center shall summarize the civil flight activity plan and the relevant military flight activity plan and send them to the relevant aviation Authorities, the air traffic service providers and the operators of airports or aerodromes.
4. The operators of airports or aerodromes must deploy the flight activity plan to the relevant bodies, units and service providers at the airports or aerodromes.
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