Nghị định 64/2022/NĐ-CP sửa đổi Nghị định quy định liên quan đến hoạt động kinh doanh trong lĩnh vực hàng không dân dụng

DECREE

AMENDMENTS TO SOME ARTICLES OF DECREES ON BUSINESS OPERATIONS IN CIVIL AVIATION INDUSTRY

Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization;

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

At the request of the Minister of Transport;

The Government hereby promulgates a Decree on amendments to some Articles of Decrees on business operations in civil aviation industry.

Article 1. Amendments to some Articles of Government’s Decree No. 68/2015/ND-CP dated August 18, 2015 on registration of nationality of and rights in aircraft (hereinafter referred to as “the Decree No. 68/2015/ND-CP”)

1. Point a clause 1, point c clause 2 and clause 3 of Article 4 are amended as follows:

a) Point a clause 1 of Article 4 is amended as follows:

“a) An aircraft that is owned and operated by a Vietnamese organization/individual (if the aircraft is operated by an individual, he/she must permanently reside in Vietnam); an aircraft that is leased under a lease contract or lease-purchase contract or leased without a flight crew for at least 24 months for use in Vietnam must have its Vietnamese nationality registered as prescribed in this Decree.”

b) Point c clause 2 of Article 4 is amended as follows:

“c) Upon registration of nationality for the first time, the used aircraft shall satisfy requirements on service life of used aircrafts at the time such aircraft is imported into Vietnam as prescribed by law.”

c) Clause 3 of Article 4 is amended as follows:

“3. Conditions for registration of temporary Vietnamese nationality of aircraft

An aircraft is eligible for registration of temporary Vietnamese nationality if it is being produced, assembled or trialed in Vietnam and satisfies the conditions specified in Points b and d Clause 2 of this Article.”

2. Point b clause 2 Article 5, point b clause 2 Article 6, point b clause 3 Article 7, point b clause 2 Article 15, point b clause 2 Article 16, point b clause 2 Article 17 and point b 3 Article 19  as follows:

“b) Copies from master registers or certified true copies or photocopies of the originals or copies enclosed with their originals for appraisal purpose or electronic copies from master registers or certified true electronic copies of the originals of documents proving the legal status of the applicant if the applicant is a Vietnamese organization or individual.

If such documents are issued by a competent foreign authority, they shall be consularly legalized as prescribed by law, except for the cases in which consular legalization is exempted according to the international treaty to which the Socialist Republic of Vietnam is a signatory or principles of reciprocity.”

3. Point b clause 3 of Article 9, point b clause 2 of Article 20 and point b clause 2 of Article 21 are amended as follows:

“b) Copies from master registers or certified true copies or photocopies of the originals or copies enclosed with their originals for appraisal purpose or electronic copies from master registers or certified true electronic copies of the originals of documents proving the legal status of the applicant if the applicant is a Vietnamese organization or individual.

If such documents are issued by a competent foreign authority, they shall be consularly legalized as prescribed by law, except for the cases in which consular legalization is exempted according to the international treaty to which the Socialist Republic of Vietnam is a signatory or principles of reciprocity.”

4. Point dd is added to clause 1 of Article 8 as follows:

“dd) it is irreparably or unrestorably damaged.”

5. Clause 1 of Article 9 is amended as follows:

“1. Regarding cases of deregistration specified in points a, b and dd clause 1 and points a and b clause 2 Article 8 of this Decree, the Civil Aviation Authority of Vietnam (CAAV) shall decide to deregister nationality of the aircraft and issue the Deregistration certificate of Vietnamese nationality aircraft according to the Form No. 06 in the Appendix hereof; revoke the Certificate of Vietnamese nationality aircraft or Certificate of temporary Vietnamese nationality aircraft unless the certificate is lost or is destroyed with the aircraft.”

6. Clause 3 of Article 10 is amended as follows:

“3. Any aircraft’s owner/lessor applying for exporting aircraft shall receive a written consent of the applicant for registration of the aircraft, except for the case specified in Clause 4 of this Article.”

7. Clause 2 of Article 12 is amended as follows:

“2. Vietnamese nationality aircrafts must not bear any mark with content or form identical to or likely to cause confusion with aircrafts having another nationality.”

8. Point a clause 2, clause 4 and clause 5 of Article 13 are amended as follows:

a) Point a clause 2 of Article 13 is amended as follows:

“a) The image of the Vietnamese national flag has a width equal to two-thirds of its length and a well-proportioned size and is appropriate to each type of aircraft; painted or affixed on two sides of the vertical tail or the head of the aircraft.”

b) Clause 4 of Article 13 is amended as follows:

“4. The applicant for registration of aircraft shall decide to paint or mark heavier-than-air aircrafts without parts satisfying the regulations mentioned in clause 3 of this Article and other aircrafts other than heavier-than-air aircrafts in accordance with clauses 1 and 2 of this Article.”

c) Clause 5 of Article 13 is amended as follows:

“5. If an aircraft is leased with a flight crew, nationality mark and registration mark shall be painted or affixed to the aircraft according to the regulations enshrined in this Decree for 06 months from the date on which it is imported into Vietnam.”

9. Clause 1 of Article 16 is amended as follows:

“1. If the person leasing an aircraft under a lease contract or lease-purchase contract or leasing an aircraft for at least 06 months applies for registration of the right to aircraft possession, he/she shall submit an application to the CAAV, whether directly, by post or online or another method and shall be responsible for the accuracy and truthfulness of information in the application.”

10. Clause 3 of Article 20 is amended as follows:

“1. Within 03 (three) working days from the receipt of the required application, the CAAV shall issue the Deregistration certificate of right to possession of aircraft according to the Form No. 10 in the Appendix hereof or revoke the Certificate of aircraft ownership unless it is lost.  In case of rejection of the application, the CAAV shall respond and provide explanation in writing.

If the application is insufficient, within 01 working day from the receipt of the application, the CAAV shall instruct the applicant in writing to complete it as prescribed.”

11. Clause 3 of Article 21 is amended as follows:

“3. Within 03 (three) working days from the receipt of the required application, the CAAV shall issue the Deregistration certificate of right to aircraft possession according to the Form No. 10 in the Appendix hereof or revoke the Certificate of right to aircraft possession unless it is lost. In case of rejection of the application, the CAAV shall respond and provide explanation in writing.

If the application is insufficient, within 01 working day from the receipt of the application, the CAAV shall instruct the applicant in writing to complete it as prescribed.”

12. Point a clause 2 of Article 22 and clause 5 of Article 22 are amended as follows:

a) Point b clause 2 of Article 22 is amended as follows:

“b) Copies from master registers or certified true copies or photocopies of the originals or copies enclosed with their originals for appraisal purpose or electronic copies from master registers or certified true electronic copies of the originals of documents proving the legal status of the applicant.

If such documents are issued by a competent foreign authority, they shall be consularly legalized as prescribed by law, except for the cases in which consular legalization is exempted according the international treaty to which the Socialist Republic of Vietnam is a signatory or principles of reciprocity.”

b) Clause 5 of Article 22 is amended as follows:

“5. The applicant for the AEP Code shall pay fee as prescribed by law. The time needed for the applicant to pay the fee shall be excluded from the time needed to process the application. Result shall be returned at the CAAV or by post or online or another appropriate method as prescribed.”

13. Point b clause 2 of Article 22 and clause 5 of Article 22 are amended as follows:

a) Point b clause 2 of Article 23 is amended as follows:

“b) Copies from master registers or certified true copies or photocopies of the originals or copies enclosed with their originals for appraisal purpose or electronic copies from master registers or certified true electronic copies of the originals of documents proving the legal status of the applicant.

If such documents are issued by a competent foreign authority, they shall be consularly legalized as prescribed by law, except for the cases in which consular legalization is exempted according to the international treaty to which the Socialist Republic of Vietnam is a signatory or principles of reciprocity.”

b) Clause 5 of Article 23 is amended as follows:

“5. The applicant for the IDERA Code shall pay fee as prescribed by law. The time needed for the applicant to pay the fee shall be excluded from the time needed to process the application. Result shall be returned at the CAAV or by post or online or another appropriate method as prescribed.”

14. Article 24 is amended as follows:

“Article 24. Procedures for deregistration of IDERA

1. Any authorized party in IDERA applying for deregistration of IDERA shall submit the application directly, by post or online or another appropriate method to the CAAV and shall be responsible for the truthfulness and accuracy of information in the application.

2. An application for deregistration of IDERA includes:

a) 02 application forms (if the application is submitted directly or by post) or 01 application form (if the application is submitted online), which is made using the Form No. 13 in Appendix enclosed with this Decree and bears signature of the authorized party in IDERA;

b) Copies from master registers or certified true copies or photocopies of the originals or copies enclosed with their originals for appraisal purpose or electronic copies from master registers or certified true electronic copies of the originals of documents proving the legal status of the applicant if the applicant is a Vietnamese organization or individual.

If such documents are issued by a competent foreign authority, they shall be consularly legalized as prescribed by law, except for the cases in which consular legalization is exempted according to the international treaty to which the Socialist Republic of Vietnam is a signatory or principles of reciprocity.

3. Within 05 working days from the receipt of the required application, the CAAV shall provide a confirmation of deregistration in the application form for deregistration of IDERA and return 01 application form to the applicant; if the application is rejected, the CAAV shall send the applicant a written response containing explanation.

If the application is insufficient, within 01 working day from the receipt of the application, the CAAV shall instruct the applicant in writing to complete it as prescribed.

Result shall be returned at the CAAV or by post or online or another appropriate method as prescribed.”

15. Point b clause 2 and clause 4 of Article 26 are amended as follows:

a) Point b clause 2 of Article 26 is amended as follows:

“b) Copies from master registers or certified true copies or photocopies of the originals or copies enclosed with their originals for appraisal purpose or electronic copies from master registers or certified true electronic copies of the originals of documents proving the legal status of the applicant if the applicant is a Vietnamese organization or individual.

If such documents are issued by a competent foreign authority, they shall be consularly legalized as prescribed by law, except for the cases in which consular legalization is exempted according to the international treaty to which the Socialist Republic of Vietnam is a signatory or principles of reciprocity.”

b) Clause 4 of Article 26 is amended as follows:

“4. The applicant for information shall pay fee as prescribed by law. The time needed for the applicant to pay the fee shall be excluded from the time needed to process the application. Result shall be returned at the CAAV or by post or online or another appropriate method as prescribed.”

16. Article 27 is amended as follows:

“Article 27. Settlement of complaints; addition or amendment to information about registration of nationality of aircraft, registration of rights in aircraft and registration of IDERA

1. The CAAV shall settle and give written response to complaints or requests made by organizations and individuals involved in registration of nationality of aircraft, registration of rights in aircraft and registration of IDERA.

2. Any person wishing to add or amend information about registration of nationality of aircraft, rights in aircraft and IDERA shall submit an application to the CAAV, whether directly, by post or online or another method.

3. An application for addition or amendment to information about registration of nationality of aircraft, rights in aircraft and IDERA includes:

a) An application form (Form No. 03 in the Appendix hereof);

b) Copies from the master register or certified true copies or photocopies of the originals or copies enclosed with their originals for appraisal purpose or electronic copies from master registers or certified true electronic copies of the originals of documents proving the legal status of the applicant if the applicant is a Vietnamese organization or individual.

If such documents are issued by a competent foreign authority, they shall be consularly legalized as prescribed by law, except for the cases in which consular legalization is exempted according to the international treaty to which the Socialist Republic of Vietnam is a signatory or principles of reciprocity;

c) Copies enclosed with their originals for appraisal purpose or copies certified by the applicant that prepares the originals or electronic copies from master registers or certified true electronic copies of the originals of documents stating reasons for amendment or addition to information.

4. Within 01 working day from the receipt of the required application, the CAAV shall add or amend information about registration of nationality of aircraft, rights in aircraft and IDERA, issue a new certificate or promulgate relevant documents.

In case of rejection of the application, the CAAV shall respond and provide explanation in writing.

The new certificate or relevant documents promulgated by the CAAV after the amendment or addition will replace corresponding original certificate/documents.

5. Applicants shall pay fees as prescribed by law. Result shall be returned at the CAAV or by post or online or another appropriate method as prescribed.”

17. The following phrases shall be replaced:

a) The phrase “hoặc bằng các hình thức khác” (“or another method”) in clause 2 of Article 9 and clause 1 of Article 15 is replaced with the phrase “hoặc trên môi trường điện tử hoặc bằng các hình thức khác” (“or online or another method”);

b) The phrase “hoặc bằng các hình thức phù hợp khác” (“or another appropriate method”) in clause 1 of Article 5, clause 1 of Article 6, clause 2 of Article 7, clause 1 of Article 17, clause 2 of Article 19, clause 1 of Article 20, clause 1 of Article 21, clause 1 of Article 22, clause 1 of Article 23 and clause 1 of Article 26 is replaced with the phrase “hoặc trên môi trường điện tử hoặc bằng các hình thức khác” (“or online or another method”);

c) The phrase“Bản sao có chứng thực (hoặc bản sao kèm theo bản gốc để đối chiếu)” (“certified true copies (or copies enclosed with their originals for appraisal purpose)”) in points c, d, dd and e clause 2 of Article 5; points c and d clause 2 of Article 6; point c clause 2 of Article 15; points c and d clause 2 of Article 16; point c clause 2 of Article 22 and point c clause 2 of Article 23 is replaced with the phrase “Bản sao kèm bản chính để đối chiếu hoặc bản sao do chính cơ quan, tổ chức hoặc cá nhân đã lập bản chính xác thực hoặc bản sao điện tử từ sổ gốc hoặc bản sao điện tử có chứng thực từ bản chính” (“Copies enclosed with their originals for appraisal purpose or copies certified by the applicant that prepares the originals or electronic copies from master registers or certified true electronic copies of the originals”).

18. The phrase “Thời gian thực hiện việc nộp lệ phí của người đề nghị không tính vào thời gian giải quyết thủ tục hành chính. Việc trả kết quả được thực hiện tại trụ sở Cục Hàng không Việt Nam hoặc qua đường bưu chính hoặc trên môi trường điện tử hoặc bằng hình thức phù hợp khác theo quy định.” (“The time needed for the applicant to pay the fee shall be excluded from the time needed to process the application. Result shall be returned at the CAAV or by post or online or another appropriate method as prescribed.”) is added after the phrase “phải nộp lệ phí theo quy định của pháp luật.” (“pay fee as prescribed by law.” ) in clause 5 of Article 5, clause 6 of Article 6, clause 5 of Article 7, clause 6 of Article 9, clause 5 of Article 15, clause 5 of Article 16, clause 4 of Article 17 and clause 5 of Article 19.

19. Clause 3 of Article 5, clause 3 of Article 6, clause 4 of Article 9, point c clause 1 of Article 10, clause 3 of Article 15, clause 3 of Article 16, clause 3 of Article 22 and clause 3 of Article 23 are annulled.

20. The Form No. 03 in the Appendix enclosed with the Decree No. 68/2015/ND-CP is replaced with the Appendix I enclosed herewith.

21. 01 application shall be submitted to follow administrative procedures related to registration of nationality of and rights in aircraft specified in this Decree.

Article 2. Amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 prescribing conditional business lines in the civil aviation industry (hereinafter referred to as “the Decree No. 92/2016/ND-CP”) and Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Decree No. 92/2016/ND-CP (hereinafter referred to as “the Decree No. 89/2019/ND-CP”)

1. Clause 3 is added to Article 12d of the Decree No. 92/2016/ND-CP amended by clause 13 Article 1 of the Decree No. 89/2019/ND-CP as follows:

“3. The regulations enshrined in clauses 1 and 2 of this Article do not apply to the aircraft used for national defense and security purposes.”

2. Clause 1 is amended and clause 2a is added after clause 2 Article 16 of the Decree No. 92/2016/ND-CP amended by clause 15 Article 1 of the Decree No. 89/2019/ND-CP as follows:

a) Clause 1 of Article 16 is amended as follows:

“1. Every airport/aerodrome service provider shall satisfy the requirements specified in points b, c and d clause 2 Article 65 of the Law on Vietnam Civil Aviation and undergo appraisal and evaluation carried out by the CAAV according to the corresponding service sub-sector specified in clause 1 Article 15 hereof.”

b) Clause 2a is added after clause 2 of Article 16 as follows:

 “2a. Airport enterprises providing passenger terminal operation services; air cargo terminal and warehouse operation services are not required to satisfy the requirements set out in points a and b clause 2 of this Article."

3. Clauses 1 and 2 Article 18 of the Decree No. 92/2016/ND-CP amended by clause 16 Article 1 of the Decree No. 89/2019/ND-CP are amended as follows:

a) Clause 1 of Article 18 is amended as follows:

“1. Any individual or organization applying for a license to provide aviation services at airport/aerodrome shall send 01 set of application to the CAAV, whether directly, by post or another appropriate method and assume responsibility for accuracy and truthfulness of information in such application. The application includes:

a) An application form (Form No. 03 in the Appendix hereof);

b) A copy of the document that explain fulfillment of the requirements specified in clause 1 Article 16 hereof;

c) An original or electronic copy of the capital confirmation, except for the case specified in clause 2a Article 16 hereof.”

b) Clause 2 of Article 18 is amended as follows:

“2. Within 12 days from the receipt of the sufficient application, the CAAV shall issue the license to provide aviation services at airport/aerodrome using the Form No. 04 in the Appendix hereof. In case of rejection of the application, the CAAV shall respond and provide explanation in writing.

If the application is not satisfactory, within 03 working days from the receipt of that application, the CAAV shall send a written response to the applicant and provide guidance on improvement of the application as prescribed.

Result shall be returned at the CAAV or by post or online or another appropriate method as prescribed.”

4. Point b clause 2 of Article 19 is amended and clause 6 is added to Article 19 of the Decree No. 92/2016/ND-CP as follows:

a) Point b clause 2 of Article 19 is amended as follows:

“b) Copies of documents relating to the change of contents of the license (if any).”.

b) Clause 6 of Article 19 is amended as follows:

“6. Result shall be returned at the CAAV or by post or online or another appropriate method as prescribed.”

5. Clause 3 Article 27 of the Decree No. 92/2016/ND-CP amended by clause 22 Article 1 of the Decree No. 89/2019/ND-CP is amended as follows:

“3. Within 20 days from the receipt of the required application, the CAAV shall appraise it and carry out a site inspection of the provider; request the applicant to further explain, improve or correct submitted documents; issue the certificate of eligibility for provision of aviation staff training, coaching and mentoring services to the applicant by completing the Form No. 07 stipulated in the Appendix hereto and return the result in person or by post or another appropriate method to the applicant. In case of rejection of the application, respond and provide explanation in writing.”

6. The phrase “hoặc bằng các hình thức phù hợp khác” (“or another appropriate method”) in clause 2 of Article 19 is replaced with the phrase “hoặc trên môi trường điện tử hoặc bằng các hình thức khác” (“or online or another method”).

7. The Form No. 03 and Form No. 04 in the Appendix enclosed with the Decree No. 92/2016/ND-CP is replaced with the Appendix II and Appendix III enclosed herewith.

Article 3. Amendments to some Articles of the Government’s Decree No. 05/2021/ND-CP dated January 25, 2021 on management and operation of airports and aerodromes (hereinafter referred to as “the Decree No. 05/2021/ND-CP”)

1. Clause 1 and point b clause 2 of Article 43 are amended as follows:

a) Clause 1 of Article 43 is amended as follows:

“1. The airport/aerodrome operator shall send 01 set of the application for suspension of the airport/aerodrome to the CAAV, whether in person or by post or online or another appropriate method. The application includes:

a) An application form for suspension of the airport/aerodrome that contains name of the airport/aerodrome; location, scale, type of the airport/aerodrome; aerodrome classification; reasons and time for suspension of the airport/aerodrome;

b) A copy of the decision on approval of the infrastructure renovation, expansion or repair project issued by the competent authority;

c) The construction plan and measures for maintaining safety and environmental hygiene.”

b) Point b clause 2 of Article 43 is amended as follows:

“b) Within 05 working days from the receipt of the appraisal result report, the Minister of Transport shall decide the suspension of the airport/aerodrome and send the result in person or by post or online or another appropriate method. If the application is rejected, respond and provide explanation in writing to the applicant.”

2. Point a clause 2 of Article 45 is amended as follows:

“a) The airport/aerodrome operator shall submit to the CAAV a report on the suspension of the airport/aerodrome in writing directly or by post or online or another method. The report shall contain name of the airport/aerodrome; reasons for suspending the airport/aerodrome; time for suspending the airport/aerodrome;”

3. Clause 4 of Article 49 is amended as follows:

“4. The investor in the project on construction of works at the airport/aerodrome shall make a 1/500 scale general plan within the boundary of the project assigned by a competent authority invest in and submit an application to the CAAV for approval, whether in person or by post or online or another method. The application includes:

a) An application form for approval of the general plan;

b) Copies of documents on the general plan, including a description of the general plan and relevant drawings;

c) Photocopies of comments from relevant authorities and units;

d) Copies of responses to comments from relevant authorities and units.

Within 30 days from the receipt of the valid sufficient application, the CAAV shall collect comments from relevant units, appraise and approve the general plan within the boundary of the project assigned to invest in and send the general plan in person or by post or online or another method to the investor. If the application is rejected, the CAAV shall provide explanation.”

4. Clauses 5 and 6 of Article 50 are amended as follows:

a) Clause 5 of Article 50 is amended as follows:

“5. Every investor in construction, renovation, upgrading, maintenance and repair of works, and installation, maintenance and repair of equipment within an airport or aerodrome shall submit 01 application for approval of the plan to ensure safety and security upon construction, renovation, upgrading, maintenance and repair of works, and installation, maintenance and repair of equipment within the airport/aerodrome in person or by post or online or another method to the CAAV as prescribed in clause 3 of this Article or the airports authority as prescribed in clause 4 of this Article. The application includes:

a) An application for approval;

b) The plan to maintain security, safety and environmental hygiene at the airport/aerodrome during the construction enclosed with the adjusted plan to operate runways, taxiways, aprons, passenger terminals or cargo terminals or the adjusted plan to operate the system of air navigation equipment (if any);

c) An agreement on the plan to maintain security, safety and environmental hygiene at the airport/aerodrome with relevant agencies and units;

d) The construction permit, for the works required to obtain the construction permit in accordance with regulations of law on construction.”

b) Clause 6 of Article 50 is amended as follows:

“6. Within 12 days from the receipt of the sufficient application, the CAAV (in the case in clause 3 of this Article) or the airports authority (in the case in clause 4 of this Article) shall appraise it and grant a written approval for the plan to maintain security, safety and environmental hygiene at the airport/aerodrome during the construction and send it to the investor, whether in person or by post or online or another method. In case of rejection of the application, respond and provide explanation in writing to the applicant.”

5. Clauses 4, 5, 6, 9 and 10 of Article 51 are amended as follows:

a) Clause 4 of Article 51 is amended as follows:

“4. The operator of a work of the airport/aerodrome infrastructure in point a, b or c Clause 1 of this Article shall submit to the CAAV 01 application for initiating the full or partial operation of the work of the airport/aerodrome, whether in person or by post or online or another method. The application includes:

a) An application form for initiating the full or partial operation of the work, which indicates the location and scope of operation; time of initiation in compliance with regulations on publishing of aeronautical information; main specifications of the work items; lifespan of the work;

b) A record on the commissioning of the work item or work for operation and notification of inspection of commissioning of the work item or work issued by a competent authority in accordance with regulations of law construction;

c) The work operation literature.”

b) Clause 5 of Article 51 is amended as follows:

“5. The operator of a work of the airport/aerodrome infrastructure in clause 1 of this Article shall submit 01 application to the CAAV for partial suspension of the airport/aerodrome infrastructure, whether in person or by post or online or another method. The application includes:

a) An application form for partial suspension of the airport/aerodrome infrastructure, which indicates the reason(s) for partial suspension; location and scope of suspension; duration of suspension in accordance with regulations on publishing of aeronautical information;

b) A copy of the detailed drawing of the suspended area;

c) The plan for maintaining activities related to the suspended work;

d) The measures for safety and security assurance in connection with the suspended work.”

c) Clause 6 of Article 51 is amended as follows:

“6. Within 10 days from the receipt of the required application, the CAAV shall consider deciding to initiate the full or partial operation of the airport/aerodrome infrastructure or partial suspension of the airport/aerodrome infrastructure and send the result to the operator of the work of the airport/aerodrome infrastructure, whether in person or by post or online or another method. In case of rejection of the application, the Civil Aviation Authority of Vietnam shall respond and provide explanation in writing.”

d) Clause 9 of Article 51 is amended as follows:

“9. If any technical specification of a work, operation procedure or service provision procedure is changed, the work operator shall update the change to the work operation literature’s amendment pages. Once a year, the work operator shall review the work operation literature and submit it to the CAAV for re-approval if there is any change to its contents. The work operator shall submit to the CAAV an application for amendment or supplement to the work operation literature, whether in person or by post or online or another method. The application includes:

a) An application form for approval;

b) The draft of the amendment(s) or supplement(s);

c) Documentary evidences for such amendment(s) and supplement(s).”

dd) Clause 10 of Article 51 is amended as follows:

“10. Within 15 days from the receipt of the required application, the CAAV shall appraise the work operation literature, approve the amendment(s) or supplement(s) and send the result to the applicant, whether in person or by post or online or another method. If the application is rejected, the CAAV shall respond and provide explanation in writing.”

6. Point b clause 1, clause 2, clause 4 and clause 6 of Article 52 are amended as follows:

a) Point b clause 1 of Article 52 is amended as follows:

“b) A copy of the establishment decision or the enterprise registration certificate of the proprietor or the organization designated to manage the airport or aerodrome; ID card or Citizen ID card or the passport of the individual(s) owning the airport/aerodrome.”

b) Clause 2 of Article 52 is amended as follows:

“2. The proprietor or the organization designated to manage an airport/aerodrome under construction shall submit 01 application for issuance of the certificate of temporary registration of the airport/aerodrome to the CAAV, whether in person or by post or online or another method. The application includes the documents defined in points a, b and c clause 1 of this Article.”

c) Clause 4 of Article 52 is amended as follows:

“4. Within 03 working days from the date of appraisal, the CAAV shall register the airport/aerodrome in the airport and aerodrome register book and issue the airport/aerodrome registration certificate as defined in Form No. 02 in the Appendix hereof and send it to the proprietor or organization assigned to manage the airport/aerodrome, whether in person or by post or online or another method. If the application is rejected, the CAAV shall respond and provide explanation in writing.’

d) Clause 6 of Article 52 is amended as follows:

“6. An airport/aerodrome registration certificate, when lost or damaged, can be re-issued upon request. The holder of the airport/aerodrome registration certificate shall submit Form No. 01 in the Appendix hereof to the CAAV, whether in person or by post or online or another method to apply for re-issuance.

Within 03 working days from the receipt of the form as regulated, the CAAV shall consider re-issuing the certificate and send it to the applicant, whether in person or by post or online or another method. If the application is rejected, the CAAV shall respond and provide explanation in writing.”

7. Point b clause 2 and clause 3 of Article 53 are amended as follows:

a) Point b clause 2 of Article 53 is amended as follows:

“b) Copies of documentary evidences for the changes for which amendment is requested.”

b) Clause 3 of Article 53 is amended as follows:

“3. Within 05 working days from the receipt of the required application, the CAAV shall appraise the amendments to the airport/aerodrome registration certificate; then issue a new certificate and send it to the applicant, whether in person or by post or online or another method; revoke the issued certificate. If the application is rejected, the CAAV shall respond and provide explanation in writing.”

8. Point b clause 1, clause 4, clause 6 and clause 7 of Article 55 are amended as follows:

a) Point b clause 1 of Article 55 is amended as follows:

“b) The draft aerodrome operation literature.”

b) Clause 4 of Article 55 is amended as follows:

“4. Within 05 working days from the date on which checking of actual conditions against those described in the operation literature is done, the CAAV shall issue the airport/aerodrome operation certificate according to the Form No. 04 in the Appendix hereof and send it to the applicant, whether in person or by post or online or another appropriate method. If the application is rejected, the CAAV shall respond and provide explanation in writing.”

c) Clause 6 of Article 55 is amended as follows:

“6. The airport/aerodrome operator shall submit 01 application for amendment to the airport/aerodrome operation certificate to the CAAV, whether in person or by post or online or another appropriate method. The application includes:

a) The application form defined in Form No. 03 in the Appendix hereof;

b) Copies of documentary evidences for the changes for which amendment is requested.

Within 05 working days from the receipt of the application as regulated, the CAAV shall approve the amendment to the airport/aerodrome operation certificate and send the amended certificate to the applicant, whether in person or by post or online or another appropriate method. If the application is rejected, the CAAV shall respond and provide explanation in writing.”

d) Clause 7 of Article 55 is amended as follows:

“7. An airport/aerodrome operation certificate, when lost, torn or damaged, can be re-issued upon request. The holder of the airport/aerodrome registration certificate shall submit Form No. 03 in the Appendix hereof to the CAAV, whether in person or by post or online or another method to apply for re-issuance.

Within 03 working days from the receipt of the form as regulated, the CAAV shall consider re-issuing the certificate and send it to the applicant, whether in person or by post or online or another appropriate method. If the application is rejected, the CAAV shall respond and provide explanation in writing.”

9. Clauses 2 and 3 of Article 56 are amended as follows:

a) Clause 2 of Article 56 is amended as follows:

“2. The airport/aerodrome operator shall review the aerodrome operation literature on an annual basis or at the request of the CAAV or upon changes to its contents which affect the operation methods and procedures. The airport/aerodrome operator shall submit to the CAAV an application for approval for amendment(s) or supplement(s) to the aerodrome operation literature, whether in person or by post or online or another method. The application includes:

a) An application form for approval;

b) The draft of the amendment(s) or supplement(s);

c) Copies of documentary evidences for such amendment(s) and supplement(s).”

b) Clause 3 of Article 56 is amended as follows:

“3. Within 08 days from the receipt of the required application, the CAAV shall appraise the aerodrome operation literature. If the aerodrome operation literature is not satisfactory, the CAAV shall send a notification of appraisal result and request the airport/aerodrome operator to complete such aerodrome operation literature. If the aerodrome operation literature is satisfactory, the CAAV shall check the aerodrome’s actual conditions against the amendment(s) and supplement(s) to the aerodrome operation literature against (if necessary); approve the amendment(s) or supplements(s) to the literature and send the result to the applicant, whether in person or by post or online or another method. If the application is rejected, the CAAV shall respond and provide explanation in writing.”

10. Points c and d clause 1, clause 2, clause 4, clause 5 and clause 6 of Article 57 are amended as follows:

a) Point c clause 1 of Article 57 is amended as follows:

“c) Copies of documentary evidences for organizational structure and list of holders of appropriate licenses or certificates;”

b) Point d clause 1 of Article 57 is amended as follows:

“d) An original or certified true electronic copy of the original (if submitted online) of the capital confirmation;”

c) Clause 2 of Article 57 is amended as follows:

“2. Within 10 days from the receipt of the sufficient application, the Ministry of Transport shall carry out appraisal and issue the airport business license according to the Form No. 06 in the Appendix hereof and send it to the applicant, whether in person or by post or online or another method; if the application is rejected, respond and provide explanation in writing to the applicant.”

d) Clause 4 of Article 57 is amended as follows:

“4. The applicant shall submit 01 application for re-issuance of the airport business license to the Ministry of Transport, whether in person or by post or online or another method and take responsibility for the accuracy and truthfulness of information in the application. The application includes:

a) The application form defined in Form No. 05 in the Appendix hereof;

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

dd) Clause 5 of Article 57 is amended as follows:

“5. Regarding the license re-issued due to any change in contents of that license: within 05 working days from the receipt of the sufficient application, the Ministry of Transport shall reissue the airport business license and send it to the applicant, whether in person or by post or online or another method; if the application is rejected, respond and provide explanation in writing to the applicant.”

e) Clause 6 of Article 57 is amended as follows:

“6. Regarding the license re-issued due to loss or damage: within 03 working days from the receipt of the application, the Ministry of Transport shall consider re-issuing the license and send it to the applicant, whether in person or by post or online or another method; if the application is rejected, respond and provide explanation in writing to the applicant.”

11. Clauses 1, 2, 4, 5, 6 and 7 of Article 59 are amended as follows:

a) Clause 1 of Article 59 is amended as follows:

“1. The organization managing and employing personnel operating aviation vehicles and equipment in restricted areas of an airport or aerodrome shall submit 01 application for initial licensing of personnel operating aviation equipment and vehicles in restricted areas of an airport or aerodrome to the CAAV, whether in person or by post or online or another appropriate method. The application includes:

a) An application form enclosed with a list of employees applying for the license, which is made using the Form No. 07 in the Appendix hereof;

b) An applicant’s personal statement, which is made using the Form No. 08 in the Appendix hereof and includes a 03x04 cm color photo bearing a joint page seal and a 03x04 cm color photo (if the application is submitted in person or by post or another appropriate method) taken within the last 06 months or a digitalized 03x04 cm color photo (if the application is submitted online) taken within the last 06 months;

c) A copy of the relevant motor vehicle driving license (of the employees operating vehicles);

d) A copy of the professional certificate as prescribed.”

b) Clause 2 of Article 59 is amended as follows:

“2. Within 18 days from the receipt of the required application, the CAAV shall examine documents, carry out a test and decide to issue the employee’s license to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome and send it to the applicant, whether in person or by post or online or another method; if the application is rejected, respond and provide explanation in writing to the applicant.”

c) Clause 4 of Article 59 is amended as follows:

“4. In the case of re-issuing the license when its validity is less than 60 days or it is expired

a) The application includes the documents defined in points a, b and c clause 1 of this Article and a document proving that the employee is provided with periodic training or refresher training as prescribed;

b) Within 18 days from the receipt of the required application, the CAAV shall examine documents, carry out a test and decide to issue the employee’s license to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome and send it to the applicant, whether in person or by post or online or another method; if the application is rejected, respond and provide explanation in writing to the applicant.”

d) Clause 5 of Article 59 is amended as follows:

“5. In the case of re-issuing the license when it is lost or damaged

a) The application includes the document mentioned in point a clause 1 of this Article and a 03x04 cm color photo (if the application is submitted in person or by post or another appropriate method) taken within the last 06 months or a digitalized 03x04 cm color photo (if the application is submitted online) taken within the last 06 months;

b) Within 05 working days from the receipt of the required application, the CAAV shall examine documents, carry out a test and decide to re-issue the employee’s license to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome and send it to the applicant, whether in person or by post or online or another method; if the application is rejected, respond and provide explanation in writing to the applicant.”

dd) Clause 6 of Article 59 is amended as follows:

“6. In the case of re-issuing the license when there is a change of the organization employing aviation personnel

a) The application includes the document mentioned in point a clause 1 of this Article and a 03x04 cm color photo (if the application is submitted in person or by post or another appropriate method) taken within the last 06 months or a digitalized 03x04 cm color photo (if the application is submitted online) taken within the last 06 months; a copy of the decision to terminate employment contract issued by the previous organization, a copy of the employment contract of the current organization and a copy of the unexpired license issued by the CAAV in the case of change of the organization employing aviation personnel;

b) Within 05 working days from the receipt of the required application, the CAAV shall examine documents, carry out a test and decide to re-issue the employee’s license to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome and send it to the applicant, whether in person or by post or online or another method; if the application is rejected, respond and provide explanation in writing to the applicant.”

e) Clause 7 of Article 59 is amended as follows:

“7. An organization applying for addition of ratings to the license for its employees to operate aviation equipment or vehicle in restricted areas of an airport or aerodrome shall submit 01 application to the CAAV, whether in person or by post or online or another appropriate method.  The application includes:

a) An application form for addition of ratings enclosed with a list of employees applying for addition of ratings, which is made using the Form No. 07 hereof;

a) A copy of the relevant motor vehicle driving license (of the employees operating vehicles) and a 03x04 cm color photo (if the application is submitted in person or by post or another appropriate method) taken within the last 06 months or a digitalized 03x04 cm color photo (if the application is submitted online) taken within the last 06 months;

c) A copy of the professional certificate as prescribed.

Within 03 working days from the receipt of the required application, the CAAV shall examine documents, carry out appraisal and issue the license with addition of ratings and send the result to the applicant, whether in person or by post or online or another method; if the application is rejected, respond and provide explanation in writing to the applicant.”

12. The phrase “hoặc bằng các hình thức phù hợp khác” (“or another appropriate method”) in clause 1 of Article 52; clause 2 of Article 53; clause 1 of Article 55; clause 1 of Article 57; clause 1 of Article 60 is replaced with the phrase “hoặc trên môi trường điện tử hoặc bằng các hình thức phù hợp khác” (“or online or another appropriate method”).

13. The phrase “hoặc thông báo bằng văn bản lý do từ chối cấp giấy chứng nhận cho người đề nghị” (“or respond and provide explanation in writing to the applicant”) in clause 2 of Article 60 is replaced with the phrase “và gửi kết quả trực tiếp hoặc qua đường bưu chính hoặc trên môi trường điện tử hoặc bằng các hình thức phù hợp khác đến tổ chức đề nghị; trường hợp từ chối cấp giấy chứng nhận phải thông báo bằng văn bản, nêu rõ lý do.” (“and send the result to the applicant, whether in person or by post or online or another appropriate method; if the application is rejected, respond and provide explanation in writing to the applicant.”).

14. Point b clause 1 of Article 57 is annulled.

Article 4. Effect

1. This Decree comes into force from September 15, 2022.

2. The Government’s Decree No. 07/2019/ND-CP dated January 23, 2019 is annulled.

3. Documentation submitted to the CAAV before the effective date of this Decree shall continue to be processed as prescribed in the Decree No. 68/2015/ND-CP; Decree No. 07/2019/ND-CP; Decree No. 92/2016/ND-CP; Decree No. 89/2019/ND-CP; Decree No. 05/2021/ND-CP.

4. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree./.

APPENDIX I

(Enclosed with the Government’s Decree No. 64/2022/ND-CP dated September 15, 2022)

Form No. 03

TỜ KHAI

Cấp lại giấy chứng nhận/sửa chữa, bổ sung, điều chỉnh thông tin
Application for reissuing certificate/Amending information in issued certificate

I. NGƯỜI ĐỀ NGHỊ/APPLICANT

1. Tên/Full name: …………………………………………………………………………………..

2. Quốc tịch/Nationality: ……………………………………………………………………………

3. Địa chỉ/Address: …………………………………………………………………………………

4. Điện thoại/Tel: ……………………………………………………………………………………

II. GIẤY CHỨNG NHẬN ĐÃ CẤP/ISSUED CERTIFICATE

1. Số/No: …………………………………………………………………………………………….

2. Ngày Cấp/Date of issued: ………………………………………………………………………

3. Nội dung đăng ký/Registration information: …………………………………………………..

III. NỘI DUNG ĐỀ NGHỊ/REQUEST

Tôi xin cam đoan các thông tin trong Tờ khai là hoàn toàn chính xác và hoàn toàn chịu trách nhiệm về nội dung khai trong Tờ khai này.

I declare that all particulars supplied in this application are correct and complete and shall fully be responsible for the provided information.

APPENDIX II

(Enclosed with the Government’s Decree No. 64/2022/ND-CP dated September 15, 2022)

Form No. 03

APPLICATION FOR ISSUANCE/RE-ISSUANCE OF LICENSE TO PROVIDE AVIATION SERVICES AT AIRPORT/AERODROME

To: The Civil Aviation Authority of Vietnam

Pursuant to ………………………………………………………………………………………………

Pursuant to ………………………………………………………………………………………………

…………………. (specify name of the applicant) hereby kindly request the Civil Aviation Authority of Vietnam to issue/re-issue the license to provide aviation services at………………………airport (aerodrome).

Particulars of the applicant:

1. The applicant’s full name written on the enterprise registration certificate or document proving juridical personality (including abbreviated name and business name).

2. Enterprise ID number:

3. Head office address:

4. Contact address: (name of responsible person, mailing address, email, phone number, fax).

5. Full name of the legal representative (if the applicant is an organization):

6. Information about the legal representative (full name, sex, ethnic group, Citizen ID card number, place of issue, date of issue).

7. Type of enterprise: (limited liability company, joint-stock company, etc.).

8. Proposals: specify the proposals and accompanying information depending on each proposal (see Notes).

Note: In case of applying for issuance of the license to provide aviation services airport/aerodrome: name and address of the applicant; type of the provided service/location and scope of business.

APPENDIX III

(Enclosed with the Government’s Decree No. 64/2022/ND-CP dated September 15, 2022)

Form No. 04