Chapter 2
THE ELIGIBILITY FOR FLIGHT; THE ELIGIBILITY AND PROCEDURE FOR LICENSING OF THE ENTITIES THAT DESIGN, MANUFACTURE, REPAIR, MAINTAIN AND TEST AIRCRAFT, AIRCRAFT ENGINES, AIRCRAFT PROPELLERS AND EQUIPMENT, AVIONICS OF UNMANNED AERIAL VEHICLES AND ULTRALIGHT AIRCRAFT
Article 4. Eligibility of unmanned aerial vehicles for flight
An unmanned aerial vehicle shall be eligible for flight upon its operator’s provision of full, specific and accurate information on:
1. Characteristics for identification of the unmanned aerial vehicle:
a) Type, marking, color, logo (if available);
b) Shape and A4-sized color photo(s);
c) Origin (place of production, manufacturer, year of production, factory release code, materials);
d) Name, address, and telephone number of the applicant for licensure or flight organization.
2. Fundamental specifications:
a) Wingspan, length, height;
b) Quantity, type and place of production of the engine(s);
c) Type of fuel, fuel tank volume;
d) Maximum takeoff weight;
dd) Flight speed: Maximum flight speed; rate of climb, rate of descent, rate of travel;
e) Maximum flight range;
g) Maximum flight altitude, time to climb to maximum flight altitude, flight time, radius of operation;
h) Takeoff and landing methods;
i) Runway dimensions;
k) Equipment carrying capacity of the aircraft (with the description of the features of the equipment carried); identification code (if available);
l) Aircraft control method and software, type (cluster) of control equipment, control frequency, ground control station (if available);
m) Aviation communication equipment, navigational and flight monitoring equipment (with the description of features);
n) Locator (with the description of features), if available;
o) Type and features of the data transmission equipment, capacity of data transmission, flight data recorder (if available);
p) Description of control and flight methods;
q) Description of in-flight beacons (if available);
r) Means of aircraft transport (if available);
s) Quantity of operating and maneuvering personnel;
t) Operational conditions (requirements for takeoff and landing locations; temperature, humidity, wind speed and relevant content);
u) Purposes of use (specify whether it is used for business, culture, sport, science research, recreation, photography, video recording, reconnaissance, observation and other relevant contents);
v) Other flight features (if available).
Article 5. Eligibility of ultralight aircraft for flight
1. A manned airship shall be eligible for flight upon its operator’s provision of full, specific and accurate information on:
a) Characteristics for identification:
- Type, marking, color, logo (if available);
- Shape and A4-sized color photo(s);
- Origin (place of production, manufacturer, year of production, factory release code, materials);
- Name, address, and telephone number of the applicant for licensure or flight organization.
b) Fundamental specifications:
- Maximum altitude in gas-filled condition;
- Width in gas-filled condition;
- Size of the equipment-carrying or passenger-carrying gondola;
- Type of control motor, blower motor, weight of motors;
- Type of fuel (gas) in use, fuel tank volume;
- Maximum weight of the airship;
- Flight speed: Maximum flight speed, rate of climb, rate of descent, rate of travel;
- Maximum flight range;
- Maximum altitude, time for climbing to maximum altitude, maximum flight time, flight radius;
- Description of control and flight methods;
- Equipment-carrying and passenger-carrying capacity (quantity and weight);
- Control method and frequency (if available);
- Aviation communication equipment, navigational and flight monitoring equipment, identification code (if available);
- Locator (with the description of features), if available;
- Type and features of the data transmission equipment, capacity of data transmission, flight data recorder (if available);
- Description of in-flight beacons (if available);
- Quantity of operating and maneuvering personnel;
- Flight conditions (requirements for launch location, anchorage, temperature, wind speed, humidity);
- Logo and advertisements on the airship (if any);
- Anchor or flight altitude;
- Purposes of use (specify whether it is used for business, culture, sport, science research, recreation, photography, video recording, reconnaissance, observation, etc.);
- Other flight features (if available).
2. An unmanned airship shall be eligible for flight upon its operator’s provision of full, specific and accurate information on:
a) Characteristics for identification:
- Type, marking, color, logo (if available);
- Shape and A4-sized color photo(s);
- Origin (place of production, manufacturer, year of production, factory release code, materials);
- Name, address, and telephone number of the applicant for licensure or flight organization.
b) Fundamental specifications:
- Maximum altitude in gas-filled condition;
- Width in gas-filled condition;
- Size of the equipment-carrying gondola;
- Type of control motor, blower motor, weight of motors;
- Type of fuel (gas) in use, fuel tank volume;
- Maximum weight of the airship;
- Flight speed: Maximum flight speed, rate of climb, rate of descent, rate of travel;
- Maximum flight range;
- Maximum altitude, time for climbing to maximum altitude, flight time, flight radius;
- Description of control and flight methods;
- Equipment-carrying capacity (quantity and weight);
- Control method and frequency, identification code (if available);
- Aviation communication equipment, navigational and flight monitoring equipment;
- Locator (with the description of features), if available;
- Type and features of the data transmission equipment, capacity of data transmission (if available);
- Description of in-flight beacons (if available);
- Quantity of operating personnel;
- Flight conditions (requirements for launch location, anchorage, temperature, wind speed, humidity);
- Other flight features (if available).
3. A model aircraft shall be eligible for flight upon its fulfillment of the following standards:
a) Characteristics for identification:
- Type, marking, color, logo (if available);
- Wing shape (of a glider), parachute shape with A4-sized color photo(s);
- Origin (place of production, manufacturer, year of production, factory release code, materials);
- Name, address, and telephone number of the applicant for licensure or flight organization.
b) Fundamental specifications:
- Dimensions (length, width, height);
- Quantity and type of motors (if any);
- Type of motor fuel, fuel tank volume (if available);
- Maximum takeoff weight;
- Flight speed: Maximum flight speed; rate of climb, rate of descent, rate of travel;
- Control method and frequency, flight method;
- Maximum flight range;
- Maximum flight altitude, flight time, radius of operation;
- Takeoff and landing methods;
- Runway dimensions;
- Equipment-carrying, passenger-carrying and item-carrying capacity (quantity and weight);
- Control method, control software, type of control equipment, identification code (if available);
- Aviation communication equipment, navigational and flight monitoring equipment (with the description of features);
- Locator (with the description of features), if available;
- Purposes of use;
- Other flight features (if available).
Article 6. Eligibility of entities for design, manufacture, repair and maintenance of aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft
1. Have sufficient documentation and legal papers issued by competent government authorities or registered as per legal regulations.
2. Have personnel specialized in aviation engineering and apposite to the design, manufacture, repair and maintenance of aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft.
3. Possess the equipment, vehicles, workshops, yards and materials apposite to the activities of design and production.
4. Provide evidences on the suitability of the designs of aircraft and equipment on unmanned aerial vehicles and ultralight aircraft to the flight eligibility of aircraft and aerial vehicles.
5. Have the processes of design, manufacture, assembly, testing, maintenance and repair of aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft in adherence to the flight eligibility of aircraft and aerial vehicles.
6. Possess certificate(s) of quality and design of unmanned aerial vehicles and ultralight aircraft, and adhere to the requirements for safety, hygiene and environment as per legal regulations.
Article 7. Eligibility of entities for testing of aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft
1. Have sufficient equipment and apparatus to test aircraft, avionics of unmanned aerial vehicles and ultralight aircraft.
2. Possess complete documents and standard literature on testing procedures for each type of aircraft, aircraft engine, aircraft propeller, equipment of an unmanned aerial vehicle or ultralight aircraft.
3. Have technical personnel apposite and able to conduct tests and assess the results of the tests on aircraft, aircraft engines and avionics of unmanned aerial vehicles and ultralight aircraft.
4. Have testing locations and areas that meet the standards of security, safety and environment as per legal regulations.
Article 8. Procedure for licensing of entities to design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft
1. Authority to license
Department of Warfare shall grant a license upon the approval of the head of General Staff.
2. An application for licensing of an entity to design, manufacture, repair or maintain aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft shall include:
a) The application form, pursuant to Form No. 01/DDNCP annexed to this Circular, for licensing of the entity to design, manufacture, repair or maintain aircraft, aircraft engines, aircraft propellers or avionics of unmanned aerial vehicles or ultralight aircraft;
b) The business registration certificate or investment license;
c) The list of equipment for production and examination;
d) The list of technical qualifications of the personnel;
dd) The production site layout;
e) The processes of design, building, repair, maintenance, production or examination;
g) The certified copy of the valid identification card (or the passport) of the head of the entity or the personal identification number (if available).
3. An application for licensing of an entity to test aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft shall include:
a) The application form, pursuant to Form No. 02/DDNCP annexed to this Circular, for licensing of the entity to test aircraft, aircraft engines, aircraft propellers or avionics of unmanned aerial vehicles or ultralight aircraft;
b) The technical literature and the papers on the suitability and legitimacy of the testing equipment;
c) Testing area: Specify the commune, ward or town (hereinafter referred to as the commune); the district, township or provincial city (hereinafter referred to as the district); the province or central-affiliated city (hereinafter referred to as the province); the geographical coordinates (degree-minute-second) as per the VN-2000 coordinate system, the size of the testing area, the testing area layout in correlation with other buildings within 500-meter radius;
d) The valid papers on the ownership or use of the testing area;
dd) The documents on the coordination of local authorities and relevant agencies in the testing area (if flight activities occur).
4. Process of licensing
a) The owner of the entity that designs, manufactures, repairs, maintains or tests aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft shall be responsible for preparing and submitting 01 application defined in Section 2 or Section 3 of this Article by post to the Department of Warfare - General Staff at the following address:
Department of Warfare - General Staff, at 1 Nguyen Tri Phuong street, Ba Dinh district, Hanoi city; telephone: 069 696108; fax number: 04 37337994.
In 03 working days upon receiving an invalid application, the Department of Warfare shall inform the owner of the entity in writing for the latter to supplement the application as per regulations.
b) Upon receiving a valid application, the Department of Warfare - General Staff shall be responsible for leading and cooperating with relevant agencies in assessing, aggregating and reporting information to the head of General Staff and for granting the license to the owner of the entity that designs, manufactures, tests, repairs or maintains aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft. In addition, the Department of Warfare shall inform the relevant local governmental authority, district-level military command committee, provincial military command and military zone in writing by the following deadlines:
- In 15 days for an application for licensing of an entity to design, manufacture, repair or maintain aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft.
- In 20 days for an application for licensing of an entity to test aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft.
If refusing to grant a license, the Department of Warfare shall revert and specify reason(s) in writing.
Article 9. Procedure for replacement or reissuance of licenses for design, manufacture, repair, maintenance and testing of aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft
1. Replacement and reissuance
a) A license is replaced when it crumbles, is smeared, is torn or is amended;
b) A license is reissued when it is lost, is revoked or is expired.
2. Application
a) For replacement: The application form, pursuant to Form No. 03/DDNCP annexed to this Circular, filed by the owner of the licensed entity for license replacement; and the license issued;
b) For reissuance: The application form, pursuant to Form No. 03/DDNCP annexed to this Circular; filed by the owner of the licensed entity for license reissuance; and the competent authority’s written confirmation of the loss of the license, or the expired license.
3. Process:
a) In an event defined in Section 1 of this Article, the owner of the entity that designs, manufactures, repairs, maintains or tests aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft shall be responsible for preparing and submitting 01 application defined in Section 2 of this Article by post to the Department of Warfare - General Staff at the address prescribed in Point a, Section 4, Article 8 herein;
b) In 07 working days upon receiving a valid application, the Department of Warfare shall be responsible for verifying information, replacing or reissuing the license for the owner of the entity that designs, manufactures, repairs, maintains or tests aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft. Department of Warfare shall be responsible for notifying the owner of the entity in writing of the latter's requisite supplementation of the application, if invalid, as per regulations. The time during which the owner of the entity supplements the application shall not be included in the processing time.
Article 10. Revocation of licenses for design, manufacture, repair, maintenance or testing of aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft
1. The license of an agency, organization or individual who owns the entity licensed to design, manufacture, repair, maintain or test aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft shall be revoked under the following circumstances:
a) Have been licensed but have designed, manufactured, tested, repaired or maintained aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft whose classification or quality is not relevant to the product type proposed for licensing;
b) Have committed a serious violation of the regulations on environment, safety and security inside and outside the licensed area;
c) Have not notified or have not applied to the relevant communal authority and district-level military command committee or the relevant provincial military command; or have operated at a location not registered for design, manufacture, testing, repair or maintenance of aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft;
d) Have been warned or have incurred administrative actions against a violation at least twice but have not rectified or have repeated such violation.
2. Department of Warfare shall be responsible for reporting the agency, organization or individual who owns the entity committing an act of violation defined in Section 1 of this Article to the head of General Staff and for deciding on license revocation.
Tìm kiếm
Thông tư 35/2017/TT-BQP (Bản Word)
Thông tư 35/2017/TT-BQP (Bản Pdf)