Chapter III
GRANT OF FLIGHT PERMITS
Article 15.- Competence to grant, modify and cancel flight permits
1. The Consular Department of the Ministry of Foreign Affairs shall grant, modify and cancel flight permits for flights specified at Point a, Clause 2, Article 81 of the Vietnam Civil Aviation Law;
2. The Military Operation Department of the Ministry of Defense shall grant, amend and cancel flight permits for flights specified at Point b, Clause 2, Article 81 of the Vietnam Civil Aviation Law.
3. The Vietnam Aviation Administration shall grant, modify and cancel flight permits for flights specified at Point c, Clause 2, Article 81 of the Vietnam Civil Aviation Law, except for the following flights which it may grant flight permits only after obtaining the agreement of the Military Operation Department of the Ministry of Defense:
a/ Flights landing or taking off at military airfields;
b/ Flights carrying armymen, weapons and war instruments;
c/ Flights conducted in a prohibited, restricted or dangerous zone;
d/ Helicopter flights;
e/ Flights made in the Vietnamese airspace but outside air routes or navigation areas in service of general aviation, or airfield airspace;
f/ Flights made by foreign official-duty aircraft;
g/ International flights using domestic air routes defined in Clause 3, Article 5 of this Decree;
h/ Flights made by man-piloted airships;
i/ Flights engaged in special operations.
4. For flights transporting nuclear waste, flight permits may be granted only upon permission of the Prime Minister.
5. On weekends, holidays, during non-working hours or in urgent cases, the Vietnam Aviation Administration may authorize air traffic service enterprises to grant, amend or cancel flight permits with respect to the following flights:
a/ Flights transporting mechanics, engines and equipment in service of repair of malfunctioning aircraft or transporting passengers, luggage, cargoes, postal matters and parcels of malfunctioning aircraft;
b/ Search, rescue, first-aid, medical and salvage flights;
c/ Domestic flights transitioned to another airfield; technical test flights;
d/ Flights of Vietnamese official-duty aircraft;
e/ Modifying the following details of a flight permit: air route, entry or exit point in the Vietnamese airspace; change of the aircraft for non-commercial reason; change of aircraft for commercial reason for domestic flights; change of take-off or landing airfield outside Vietnamese territory for flights flying across the Vietnamese airspace.
6. Air traffic controllers who are administering flights may grant appropriate sign calls to aircraft to ensure safe air navigation.
7. Flight permit-granting agencies are responsible for making public addresses of grant of flight permits.
Article 16.- Applications for flight permits and relevant documents
1. Aircraft operators, carriers or authorized persons (below collectively referred to as flight permit applicants) shall send applications for flight permits to flight permit-granting agencies defined in Clauses 1, 2, 3 and 4, Article 15 of this Decree.
2. An application for a flight permit contains the following details:
a/ Name, postal address, telegraph address of the aircraft operator or carrier;
b/ Type of the aircraft, flight number, registration number and nationality of the aircraft and maximum take-off weight;
c/ Flight itinerary or navigation area in service of general aviation;
d/ Air route; entry and exit points in the Vietnamese airspace;
e/ Date of flight; estimated time of take-off, landing or estimated time of flying through the entry and exit points in the Vietnamese airspace (time is calculated in twenty four (24) hours a day and is the Coordinated Universal Time - UTC);
f/ Flight purpose;
g/ Number of seats and load capacity.
3. For flights engaged in general aviation, the applicant shall enclose the application for a flight permit with a flight plan.
4. An application for a flight permit for an airship contains, apart from the details specified in Clause 2 of this Article, the following details:
a/ Airfield of take-off, landing or release location of the airship (according to the VN 2000 or WGS 84 system);
b/ Time of operation (hours, date, month and year);
c/ Maximum elevation;
d/ Flying route and direction of the airship;
e/ Identity characteristics;
f/ Information and communication facilities and equipment;
g/ Other notable characteristics.
5. The applicant for a flight permit is responsible for the truthfulness and accuracy of the flights information and documents.
Article 17.- Time limit for submission of applications, grant or modification of flight permits
1. At least thirty (30) days before the intended date of making a flight in the following cases:
a/ Scheduled international flights to and from Vietnamese territory;
b/ Scheduled international flights across the Vietnamese airspace;
c/ Scheduled domestic flights.
2. At least ten (10) days before the intended date of making a flight in the following cases:
a/ Test, performance and military exercise flights;
b/ Flights for scientific research, national economic, and cultural and sport activities;
c/ Flights of foreign military aircraft engaged in civil operations in Vietnam.
3. At least seven (7) days before the intended date of making a flight in the following cases:
a/ Foreign special flights carrying guests of the Party and the State and their escort or preparation flights; other foreign special flights and their escort or preparation flights;
b/ Chartered or increased international flights to or from Vietnam;
c/ Flights made by foreign official-duty aircraft other than the cases specified in Clause 2 of this Article.
4. At least three (3) working days before the intended date of making a flight in the following cases:
a/ Non-scheduled flights across the Vietnamese airspace or making technical landings in Vietnam;
b/ Flights made under decisions of Vietnamese courts or competent state agencies;
c/ Flights made under aircraft charter, purchase or sale contracts;
d/ Flights transitioning to an international airfield;
e/ Flights to meet private needs of agencies, organizations or individuals;
f/ Flights for humanitarian purposes;
g/ Other general aviation flights.
5. At least twenty four hours before the intended time of making a flight, for flights specified at Point c, Clause 5, Article 15 of this Decree.
6. No time limit is required in the following cases:
a/ Flights in emergency circumstances;
b/ Flights specified at Points a, b and d, Clause 5, Article 15 of this Decree;
c/ Modification of flight permits under Point e, Clause 5, Article 15 of this Decree.
7. The time limit for submission of applications for grant or modification of flight permits for special flights and their escort and preparation flights complies with regulations on assurance of special flights.
8. Flight permit-granting agencies shall consider and notify flight permits to applicants within the following time limit:
a/ Fifteen (15) days from the date of receipt of the application in the case specified in Clause 1 of this Article;
b/ Seven (7) days from the date of receipt of the application in the case specified in Clause 2 of this Article;
c/ Five (5) days from the date of receipt of the application in the case specified in Clause 3 of this Article;
d/ Two (2) working days from the date of receipt of the application in the case specified in Clause 4 of this Article;
e/ Twelve (12) hours from the date of receipt of the application in the case specified in Clause 5 of this Article;
f/ Flight permit-granting agencies shall promptly reply to applicants in the case specified in Clause 6 of this Article.
9. For a late submitted application, the permit-granting agency shall consider such factors as reason for late submission, nature and necessity of the flight and other related matters in order to decide on the grant or non-grant of a flight permit.
10. The Vietnam Aviation Administration shall guide and evaluate the compliance with aviation safety and security assurance standards by airliners before granting flight permits to air carriage flights to and from Vietnam; in case of necessity, the Vietnam Aviation Administration shall assess the aviation safety surveillance and aviation security assurance capacity of aviation authorities of foreign airliners. Applicants for flight permits shall enclose their applications for flight permits with necessary documents as may be requested by the Vietnam Aviation Administration for assessment purposes.
Article 18.- Details of a flight permit
1. A flight permit contains the following details:
a/ Name and address of the flight permit holder; name and address of the aircraft operator;
b/ Number of the granted flight permit;
c/ Type, flight number, registration number and nationality of the aircraft;
d/ Flight itinerary or flight area in service of general aviation;
e/ Air route; entry and exit points in the Vietnamese airspace;
f/ Date of flight; estimated time of take-off, landing or estimated time of flying through the entry and exit points in the Vietnamese airspace (time is calculated as twenty four (24) hours a day and is the Coordinated Universal Time - UTC);
g/ Flight purpose;
h/ Validity duration of the permit;
i/ Designation of the flight control agency (if necessary);
j/ Other provisions of the permit.
2. A permit flight for an airship contains, apart from the details specified in Clause 1 of this Article, the following details:
a/ Airfield of take-off, landing or release location of the airship (according to the VN 2000 or WGS 84 system);
b/ Time of operation (hours, date, month and year);
c/ Maximum elevation;
d/ Flying route and direction of the airship;
e/ Identity characteristics;
f/ Information and communication equipment and devices;
g/ Other notable characteristics.
Article 19.- Validity of a flight permit
1. The time of making of each flight is determined in the granted flight permit.
2. A flight permit for an aircraft to land at a Vietnamese airport or airfield is valid from one (01) hour before to twenty four (24) hours after the estimated time of landing stated in the permit.
3. A permit for an aircraft to take off from a Vietnamese airport or airfield is valid for twenty four (24) hours from the estimated time of take-off stated in the permit. When it is necessary for an aircraft to take off not more than one (01) hour earlier than the estimated time of take-off stated in the permit, the flight may be made only after it is approved by the air traffic control service establishment and the flight management center of the Air Defense and Air Force.
4. A flight permit for an aircraft to fly across the Vietnamese airspace is valid from one (01) hour before to seventy two hours (72) after the estimated time stated in the permit.
Article 20.- Modification, cancellation of flight permits
1. A flight permit-granting agency may cancel a flight permit for the following reasons:
a/ Security, defense;
b/ Safety of the flight;
c/ Public order and interests;
d/ State interests;
e/ In accordance with treaties to which the Socialist Republic of Vietnam is a contracting party;
f/ The applicant provides untruthful information or takes other deceitful acts.
2. When wishing to change the details of a granted flight permit, the applicant for the permit shall submit an application for permission to modify the flight permit to the flight permit-granting agency.
3. In case of cancellation of a permitted flight, the applicant for a permit shall notify the flight permit-granting agency of the estimated time of making a flight.
Article 21.- Sending of flight permits
1. The flight permit-granting agency shall send the granted, modified or cancelled flight permit to the applicant and the National Flight Management Center.
2. The Military Operation Department of the Ministry of Defense and the Consular Department of the Ministry of Foreign Affairs shall send the granted, modified or canceled flight permits to the Vietnam Aviation Administration and air traffic service enterprises.
3. The Vietnam Aviation Administration shall send the granted, modified or canceled flight permits to air traffic service enterprises and concerned airport authorities.
Article 22.- Procedures for receipt of flight notices for flights across or within the flight information regions above the international seas under Vietnam's management
1. Aircraft operators, carriers or authorized persons with respect to flights across or within the flight information regions above the international seas under Vietnam's management (below referred to as flight notice senders) shall send their requests for air navigation assurance services to air traffic service enterprises according to the following deadline:
a/ Thirty (30) days before the estimated date of making a scheduled flight;
b/ One (01) hour before the estimated date of making a non-scheduled flight.
2. A flight notice contains the following details:
a/ Name, postal address and telegraph address of the aircraft operator or carrier;
b/ Type, flight number, registration number and nationality of the aircraft, and the maximum take-off weight;
c/ Flight itinerary or flight area in service of general aviation;
d/ Air route; entry and exit points in the flight information region;
e/ Date of flight; estimated time of take-off, landing or estimated time of flying through the entry and exit points in the flight information region (time is calculated in twenty four (24) hours a day and is the Coordinated Universal Time - UTC);
f/ Flight purpose.
3. For a flight engaged in general aviation, the aircraft operator shall enclose the flight notice with a flight plan.
4. A flight notice for an airship contains, apart from the details specified in Clause 2 of this Article, the following details:
a/ Release location of the airship (according to the VN 2000 or WGS 84 system);
b/ Time of operation (hours, date, month and year);
c/ Maximum elevation;
d/ Flying route and direction of the airship;
e/ Identity characteristics;
f/ Information and communication equipment and devices;
g/ Other notable characteristics.
5. The flight notice sender is responsible for the truthfulness and accuracy of the flight's information and documents.
6. Air traffic service enterprises shall consider and notify their approval of provision of air navigation assurance services to flight notice senders.
Article 23.- Making and implementation of air navigation plans
1. Air traffic service enterprises shall make civil air navigation plans on a seasonal and daily basis and send them to the National Flight Management Center.
2. The National Flight Management Center shall sum up a national air navigation plan to be implemented by airspace management units and air navigation management units of the Ministry of Defense; manage the implementation of the plan; and send plans on military air operations related to civil air operations to air traffic service enterprises.
3. Air traffic service enterprises shall sum up civil air navigation plans and related military air navigation plans and send them to concerned airport authorities and air traffic service establishments.
4. Airport authorities shall announce air navigation plans to airport agencies and enterprises and enterprises providing services at related airports and airfields.
Tìm kiếm
Nghị định 94/2007/NĐ-CP (Bản Word)